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TOPIC: KATE's PIP Queries Topic !!!

KATE's PIP Queries Topic !!! 6 months 2 weeks ago #158589

  • Gordon
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Kate

A Mandatory Reconsideration is a formal process that can result in the revision of the original Decision. I'll not suggest that the rate of revision is high, but it does happen, although it is worth noting that in addition to increasing an award, the Decision maker can also reduce it or even remove it.

You need to decide what strategy you wish to apply when requesting an MR, supply additional information and a rebuttal of the assessment report or simply make a request on the information already supplied. The former will take longer but may result in a more favourable Decision, the latter should be quicker but is unlikely to see the Decision changed.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: kate

KATE's PIP Queries Topic !!! 6 months 2 weeks ago #158743

Now I understand, so clearly explained, thank you Gordon.

This MR road is just fraught with risk.

The revision could take everything away. Or, it may make a more favourable award, except for something really important, knowing that we are worn out enough already & will probably give up rather than pursue that one more issue. Makes me want to let them rubber stamp their initial decision and put my energy toward a Tribunal.

But then I don’t know how reasonable Tribunals are. They are horrendously nerve wracking but weighing this against the frustration & insanity of dealing with DWP that have their own rules...... I’m not being brave about facing a Tribunal – the merest thought of it makes me see double, brings on tinnitus and makes me feel faint & sick.

Are Tribunals generally fairer? Do they have trickster type practices and shady-business type deals (the type we go through with PIP Assessments & DWP contact)? All this shouldn’t be such a gamble. But it is.

Thank you.
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KATE's PIP Queries Topic !!! 6 months 2 weeks ago #158758

  • Gordon
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  • Forum Moderator
KAte

The DWP claim the revision rate at MR is about 30%, we don't see anything like this rate on the forum, this is likely to be because of the level of information that members supply up front which makes it very difficult for them to provide that piece of evidence that fundamentally changes the DM's mind.

Conversely, Tribunal statistics have the success rate at over 50%.

Although we do see members coming back to the forum and saying how horrible the experience had been, most report that the questioning had been hard but fair. Also, the Judge of a Tribunal is required to warn the claimant if they think that there is a risk to their existing award if they continue with the appeal.

You cannot go to appeal without completing an MR.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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KATE's PIP Queries Topic !!! 6 months 2 weeks ago #158779

Thank you for the reminder about MUST complete the MR stage first !

(1) Timescale: Do you know how long this MR process and getting to an Appeal could take.?

(2) Also, would it help to get a Consultant appointment (for the condition I am currently claiming for) so that by the time of Appeal I could have heavier weight evidence to bring?

Many many thanks for your help & support.
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KATE's PIP Queries Topic !!! 6 months 2 weeks ago #158812

  • Gordon
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  • Forum Moderator
Kate

There can be considerable variance but most MR's take about a month and you are probably looking at three months for an appeal.

You can submit new evidence to an appeal but it must be clear that it relates to your conditions as they were at the time of the Decision being appealed, neither the MR or Appeal can take account of any changes to your conditions that occurred after the Decision. As a new report will be dated after the Decision, your consultant needs to specifically state that the report would still be relevant to that date.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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KATE's PIP Queries Topic !!! 6 months 1 week ago #159036

To request an MR it needs to be within one month of the date of the decision letter.

Is the one month classed as four weeks?

The decision letter was dated 27th April. I'm just double checking, does this mean it has to be returned by 25th May?

It's easy to assume it would need to be returned 27th May. Is the date of return very strict? Would they reject it if it was a day late?

Thank you
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