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TOPIC: PIP result

PIP result 3 months 2 days ago #167299

I have just received the dreaded brown envelope which informed me that my husband has been refused PIP. He scored no points. The report from the health official stated that my husband answered the questions she put to him with exactly the opposite answers to what he said. I am distraught and my husband is furious and feels betrayed. He has Bipolar 2, is mostly severely depressed with episodes of hypomanic behaviour. His medication causes him a myriad of side-effects, the most problematic of which is short-term memory loss. He is not capable of making decisions and has no motivation to care for himself in any way. The report says he can do everything. I followed the guide on here to complete the forms, and used to be a benefits advisor for a charity, so have a lot of experience and success with DLA forms.
I have written the letter for the mandatory reconsideration, and stated that I do not have further evidence. Can I send in a report from my husband's GP at a later date? Does he need to ring them to request a mandatory reconsideration or will the letter suffice? Does anyone know the success rate of mandatory reconsiderations please? I'm sorry if this is garbled; I'm disabled too, so this will be a huge cut in our income. Thanks, Andrea.
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PIP result 3 months 2 days ago #167314

  • Gordon
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Petlover

Yes you can send a GP report later but it must be with the DWP no later than 28 days after the date on your letter and sooner if you can manage, or you risk the DWP making their MR Decision without it.

The letter should be sufficient but I would phone them in about a week to confirm that they have received it.

I'm afraid the success rate at MR is very low, possibly no more than 10%, we do have members on the forum who have had the Decision revised at MR but it is most usually because of some fundamental piece of evidence or misunderstanding of their conditions.

As a counter to the low rate at MR the appeal rate is over 60%, so even if you are not successful in the short term you may well be in the longer.

If you have further questions then please reply to this post 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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The following user(s) said Thank You: Petlover

PIP result 2 months 4 weeks ago #167547

So I've looked at my husband's DLA letter, and it says the award is until 15/10/16. His PIP refusal, however, says that it will end on 20/09/16, because PIP can only start being paid a month after the decision date, which was 25/08/16. However, since they've refused him PIP, should he still be entitled to his DLA until 15/10/16? Is it worth me pursuing? Thanks.
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PIP result 2 months 4 weeks ago #167586

  • Gordon
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Petlover wrote:
So I've looked at my husband's DLA letter, and it says the award is until 15/10/16. His PIP refusal, however, says that it will end on 20/09/16, because PIP can only start being paid a month after the decision date, which was 25/08/16. However, since they've refused him PIP, should he still be entitled to his DLA until 15/10/16? Is it worth me pursuing? Thanks.

I'm afraid his DLA can only be paid for a further four weeks after the PIP Decision so he will not receive the last month of his DLA award.

If you overturn the PIP Decision then it will be backdated to the day after his DLA stops.

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: Petlover

PIP result 1 month 2 weeks ago #170898

So despite a comprehensive letter from my daughter and a helpful letter from my GP, my husband's mandatory reconsideration was refused. Basically, the health professional's report was considered to be accurate (she wrote the opposite answer to everything my husband said), and evidence from my husband, me, my daughter and the GP was ignored. We fortunately have a welfare advice service in our town, and they will deal with the appeal on my husband's behalf which is an incredibly weight off my shoulders. I have a question. I had a letter from Carer's Allowance stating that my CA will stop as my husband no longer has a qualifying benefit. After receiving my normal ESA (IB), I checked here and discovered there is an 8 week carry on after CA stops. I have also had a letter from Housing Benefit. My question is, do I have to contact ESA to inform them that my husband's DLA has stopped, or will Carer's Allowance tell them and the award altered then?
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PIP result 1 month 2 weeks ago #170923

  • Gordon
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Petlover

I believe the 8 week period only applies if the caree dies or goes into hospital, I don't think there is a run on if the claimant loses entitlement to an enabling benefit, but more than happy to be proved wrong.

The ESA section should have been informed by I would recommend you contacting them in writing to avoid and overpayment.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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