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PIP mandatory reconsideration.

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7 years 1 month ago #183078 by Lydia1960
PIP mandatory reconsideration. was created by Lydia1960
Had my PIP Assessment, changing from DLA to PIP. I was awarded the standard rate of £55.10 a week to help with my daily living needs. No award for mobility. This about £200 a month less from DLA.

I requested a mandatory reconsideration, but as I suffer from chronic stress and schizoaffective disorder, wasn't able to get back to the DWP office in time. My care coordinator requested more time and they allotted an extra 28 days but I received a letter last week, within the previous time frame, that they had reconsidered and couldn't allow me any more.

Can I contest this? Have been trying to get through to my care coordinator but she is not responding. What can I do if they haven't got that request on record and have made that decision...?

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7 years 1 month ago #183124 by Gordon
Replied by Gordon on topic PIP mandatory reconsideration.
Lydia

Are you saying that they did wait the 28 days or that you were still unable to respond to the DWP within the extra time?

If the former, then in principle you can ask for a second MR, however, as you will now have an MR Notice you can also go onto to appeal if you wish.

If the latter then your next option is to appeal.

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

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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7 years 1 month ago #183597 by Lydia1960
Replied by Lydia1960 on topic PIP mandatory reconsideration.
The DWP has allowed me a further 28 days for me to send the letter and GPs one for the mandatory reconsideration..
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7 years 2 weeks ago - 7 years 2 weeks ago #186421 by Lydia1960
Replied by Lydia1960 on topic PIP mandatory reconsideration.
The DWP sent a letter expressing that my appeal for a mandatory reconsideration had failed.. I rang to explain that they had given me more time for me to send in my evidence for this request, and that there were still some days left to get the request in before a decision could be made. They checked and agreed this was so and allowed me further time to send in the evidence..this I did.

I then received a letter, relating to their decision of refusing my mandatory reconsideration, the one made before I had given all my evidence, within the permitted time, that they had put my claim forward for an appeal.

I rang again and was told that they are still assessing my request for a mandatory reconsideration based on the evidence sent to them within the extra time schedule they had agreed to give me. So I am not sure where I stand regarding the tribunal? Whether it should go ahead while the mandatory reconsideration is still being assessed?

What happens if I get awarded some mobility points and added on to my PIP benefit? Will it still go to the tribunal? Should I cancel the tribunal and wait till I have a decision on the mandatory reconsideration? If so, can I reapply for a tribunal if the mandatory decision goes against me? And how many times I can appeal these decisions?

As I am on standard care award for my PIP benefits, £55.10 per week, I think that benefit will be safe, no matter what decisions are made? So what to do for the best? Have lost around £200 a month since changing from DLA to PIP... How do I try to get some of that back..?
Last edit: 7 years 2 weeks ago by bro58.

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  • bro58
7 years 2 weeks ago - 7 years 2 weeks ago #186482 by bro58
Replied by bro58 on topic PIP mandatory reconsideration.

Lydia1960 wrote: The DWP sent a letter expressing that my appeal for a mandatory reconsideration had failed.. I rang to explain that they had given me more time for me to send in my evidence for this request, and that there were still some days left to get the request in before a decision could be made. They checked and agreed this was so and allowed me further time to send in the evidence..this I did.

I then received a letter, relating to their decision of refusing my mandatory reconsideration, the one made before I had given all my evidence, within the permitted time, that they had put my claim forward for an appeal.

I rang again and was told that they are still assessing my request for a mandatory reconsideration based on the evidence sent to them within the extra time schedule they had agreed to give me. So I am not sure where I stand regarding the tribunal? Whether it should go ahead while the mandatory reconsideration is still being assessed?

What happens if I get awarded some mobility points and added on to my PIP benefit? Will it still go to the tribunal? Should I cancel the tribunal and wait till I have a decision on the mandatory reconsideration? If so, can I reapply for a tribunal if the mandatory decision goes against me? And how many times I can appeal these decisions?

As I am on standard care award for my PIP benefits, £55.10 per week, I think that benefit will be safe, no matter what decisions are made? So what to do for the best? Have lost around £200 a month since changing from DLA to PIP... How do I try to get some of that back..?


Hi L1960,

If you had already appealed directly to The Tribunal Service (TS) within the month of receiving your first Mandatory Reconsideration (MR) notice letter from DWP informing you that your MR had been unsuccessful but DWP have now agreed to reconsider their decision again, I wouldn't worry about cancelling the appeal to the TS that you have made.

If the DWP now make an improved award, and you are happy with it, you can simply cancel your original appeal and let it lapse.

If the DWP are carrying out a 2nd MR, their decision as a result of this should be given in the form of another MR Notice letter which will have the same rights of appeal as the first one, if needed.

bro58
Last edit: 7 years 2 weeks ago by bro58.

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7 years 2 weeks ago #186526 by Lydia1960
Replied by Lydia1960 on topic PIP mandatory reconsideration.
How long should it take for this second mandatory reconsideration decision to be made? It has been about 3 weeks now and I have been informed that there is no time limit for this decision to be made.

Just wondering also that, as I have the standard care component of £55.10 the likelihood of them taking PIP benefit away from me is remote? I have so many physical and mental problems that I cannot see they would be able to do reduce my benefit or take it away...?

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