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pip mandatory reconsideration
- Oali
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6 years 7 months ago #197390 by Oali
pip mandatory reconsideration was created by Oali
i was recently invited to change from the DLA to PIP benefit. i downloaded the right guides and filled in my forms and sent them off with medical evidence. i then attended the dreaded assessment, the assessor seemed really nice and was listening to everything i had to say...however when i received the decision letter it was a big shock!
not only i didn't receive what i felt i was owed but i scored 6 points in total! i went from receiving high mobility and low care, indefinitely to nothing! in the letter the assessor who seemed 'nice' at the time had completely ignored the answers i gave on the form, my verbal answers and the medical evidence, instead making assumptions based on 'thin air'.
i'm so stressed and anxious, because i know even when i appeal and send in more medical evidence they will completely ignore it and i will have to go to tribunal. (i had the same experience last year with my ESA). on the letter it says i have to apply for a mandatory reconsideration within one month of the date on the letter. however i received the letter a couple of days late, can i ask for a slight extension based on that?
PIP is supposed to help you become independent not the other way around. i would be grateful for any advice from someone who has been through this it will be so helpful, thanks.
not only i didn't receive what i felt i was owed but i scored 6 points in total! i went from receiving high mobility and low care, indefinitely to nothing! in the letter the assessor who seemed 'nice' at the time had completely ignored the answers i gave on the form, my verbal answers and the medical evidence, instead making assumptions based on 'thin air'.
i'm so stressed and anxious, because i know even when i appeal and send in more medical evidence they will completely ignore it and i will have to go to tribunal. (i had the same experience last year with my ESA). on the letter it says i have to apply for a mandatory reconsideration within one month of the date on the letter. however i received the letter a couple of days late, can i ask for a slight extension based on that?
PIP is supposed to help you become independent not the other way around. i would be grateful for any advice from someone who has been through this it will be so helpful, thanks.
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- Gordon
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6 years 7 months ago #197418 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip mandatory reconsideration
Ali
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Oali
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6 years 7 months ago #197595 by Oali
Replied by Oali on topic pip mandatory reconsideration
thanks Gordian i'll be sure to use the guides. i did ring the dwp to request an appeal and told them ill be sending further evidence. The woman on the phone said that i will now get a further 28 days to submit this. i did tell her i will be sending a written appeal contesting the points alongside the evidence. she said this was okay as i had informed them of wanting to appeal by phone before the original deadline.
Do you think i should send the written appeal letter before the original deadline or wait and submit it with the evidence? although i informed the woman over the phone and she said it was fine, i don't want to give them an excuse to refuse or delay my appeal.
Do you think i should send the written appeal letter before the original deadline or wait and submit it with the evidence? although i informed the woman over the phone and she said it was fine, i don't want to give them an excuse to refuse or delay my appeal.
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- Gordon
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6 years 7 months ago #197616 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip mandatory reconsideration
Ali
If there are two sets of information, your written statement and some evidence, then it needs to be sent in one go, however, make sure that this happens within the 28 days and remember that this includes postage time.
Gordon
If there are two sets of information, your written statement and some evidence, then it needs to be sent in one go, however, make sure that this happens within the 28 days and remember that this includes postage time.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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