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DLA to PIP

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6 years 11 months ago #186372 by mintdrop
Replied by mintdrop on topic DLA to PIP
Gordon,

I never requested a letter of mandatory reconsideration notice it was sent to me. It is the only letter i have been sent

Mintdrop

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6 years 11 months ago #186373 by mintdrop
Replied by mintdrop on topic DLA to PIP
Its a decision and mandatory reconsideration notice all on the one letter

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6 years 11 months ago #186393 by mintdrop
Replied by mintdrop on topic DLA to PIP
Gordon,

I have just realised why i have got my Mandatory Reconsideration Notice about my PIP
I had a face to face assessment appointment in september last year, I had no one to go with me.
I got lost could not find the centre, when i did eventually find it i was an hour late hence no assessment took place.

My DLA was stopped because pip said i did not give a good enough reason for showing up on time.
I asked them to look at the decision again, and told them that on my form i filled in i needed support and guidance someone to be with me and because i am profoundly deaf i do not use a phone as am unable to hear on one so i could not phone them. they accepted this and reinstated my DLA.

Am so sorry for all the confusion i have caused.

Now having to go to Tribunal so time to begin to think about what i need to write.
Need to get some one to phone PiP for me to ask for my report that the assessor wrote.

Can you give me any help please.

Mintdrop

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6 years 11 months ago #186399 by Gordon
Replied by Gordon on topic DLA to PIP
mintdrop

If the MR Notice was in connection to a failure to attend and you have now received a Decision on your claim, then you must do a new MR for this new Decision first, 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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6 years 11 months ago #186599 by mintdrop
Replied by mintdrop on topic DLA to PIP
sorry finding this all confusing.
So are you saying because i did not ask for MR i have to ask DWP to reconsider there decision and then ask for MR?

Should DWP not have sent me the MR without me asking for it?

The decision letter says that they have looked again for my cliam.

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  • bro58
6 years 11 months ago - 6 years 11 months ago #186615 by bro58
Replied by bro58 on topic DLA to PIP

mintdrop wrote: sorry finding this all confusing.
So are you saying because i did not ask for MR i have to ask DWP to reconsider there decision and then ask for MR?

Should DWP not have sent me the MR without me asking for it?

The decision letter says that they have looked again for my cliam.


Hi md,

You stated in your previous post that "I asked them to look at the decision again",

This is classed as you requesting a Mandatory Reconsideration (MR) of the decision.

That being the case the latest letter that you have received should be in the form of a Mandatory Reconsideration Notice.

It should state that on it, and there should be 2 x copies.

You next step in the process is to appeal directly to The Tribunal Service using form SSCS1

You have one month from the date of The MR Notice to submit your appeal

This process is explained in our PIP MR/Appeals Guidance

bro58
Last edit: 6 years 11 months ago by bro58.

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