• DWP rejects PIP claimant’s appeal… before she receives decision notice

    Fresh concerns have been raised about the integrity of the disability benefits system, after a disabled woman’s appeal against having her benefits removed was rejected before she was even told her claim had been turned down.

    The Department for Work and Pensions (DWP) sent Mandy Moseley a mandatory reconsideration notice, confirming that her appeal against the decision to reject her claim for the new personal independence payment (PIP) had been unsuccessful.

    But she was astonished to receive the letter because she had not yet been told the result of her claim.

    Until a claimant receives a decision notice that informs them of the result of their claim, they cannot ask for a mandatory reconsideration (MR) of that decision, and she had not done so.

    Moseley, from Birmingham, who was assessed on 28 June, had been receiving disability living allowance since 2004, and has been receiving the highest rates of that benefit since 2007, but has been told by DWP that she will receive no PIP at all, a decision which has cost her £141 a week.

    She said: “They are saying it was a mistake and it was an internal document. How can it be an internal document if it’s [described] as a mandatory reconsideration?”

    She believes her case proves DWP is preparing the MR notices – automatically turning down the first-stage appeals – at the same time it prepares the original decision notices.

    Disabled activists have been questioning for months why success rates for MRs are so low, when so many appeals that are taken to tribunal – the next stage of the appeal process after the MR – are successful.

    A DWP spokesman said: “Clearly, this was a clerical error. We’ve apologised to Ms Moseley and asked her to ignore the letter.

    “Any mandatory reconsideration outcome would be based on an appeal being lodged in the first place, and Ms Moseley hadn’t even received her decision notice.”

    But Moseley said she was “disgusted” by DWP’s tactics, and added: “I am just astounded by what they have done.”

    She has a number of long-term health conditions, currently receives 17 hours of care a week from her local authority, is constantly in pain, and is awaiting training so she can start using a white cane because of her deteriorating vision.

    After her son moves out from the family home in October, she has been told by her local council that she will probably receive 40 hours of care a week.

    But she was awarded a total of just two points after being assessed. She would have needed eight for the standard rate and 12 for the enhanced rate of the daily living and mobility components of PIP.

    News provided by John Pring at www.disabilitynewsservice.com

    Roisin Norris

    Hi I'm Roisin Norris, Digital Marketing Executive at DisabledGo and I will be uploading blogs and news for you all to read.

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    • Susan

      I’ve got a question, if the so called health professional lies on these reports and it can be proven, why can’t we sue them for malpractice? Knowingly lying about someone’s illnesses should be treated with the utmost severity.

    • Derek Christian

      What I find disgusting about all the process is, The way these people at the DWP, do-not believe the GP’s and Specialists that we go to for help in making life easier for us, They have taken the word of some idiot who is practicing to be a medical person at these assessments over the real Doctors and Specialists. Look at it this way, If you had a Gas leak in your house, would you either go to a Gas Engineer or a Child Minder to fix it for you. Yet the DWP are doing this for the Disabled and Sick people who only want to live a life and not just Die.

    • Doug Peacock

      I am reminded of a story from when I was working. A client had faxed in they would not accept a lorry load of gravel as it was outside of grading and had too much water in load. Lorry had not delivered as it was involved in an accident and went off the road. An automatic claim process……DWP an automatic rejection process. What a surprise.

    • Nik Gnomic

      This lady seems to have shot herself in the foot.

      Now she has shown another example of DWP misfeasance in public office she will probably be punished for embarassing them for many months until another MR notice will allow appeal to HMCTS