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Ill and Missed deadline for PIP MR
- panther50
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9 years 11 months ago - 9 years 11 months ago #135344 by panther50
Ill and Missed deadline for PIP MR was created by panther50
Please can you help me I have received a decision letter for PIP in which I have only been awarded 4 points in Daily Living component and 4 points for mobility component ( I have Fibromylgia) since getting the decision letter I've been very ill, was waiting for the results of a colon biopsy & I'm now having investigations for heart problems & breathing difficulties (my mother was also taken ill & went into hospital at this time). As a result I've missed the MR deadline by 2 weeks. Can I still ask for a reconsideration in the circumstances? What would be the best way to approach this?
Last edit: 9 years 11 months ago by . Reason: tick.
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- Gordon
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9 years 11 months ago - 9 years 11 months ago #135348 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Ill and Missed deadline for PIP MR
Panther
You can still make an MR request up to 13 months after the date of the Decision Letter, but once you have exceeded the one month you must provide Good Cause as to why the request is late and being late it is now at the discretion of the DWP as to whether they allow it, however, given the problems that you have I doubt that this will be an issue.
You can make the request over the phone to the office that dealt with your claim, but should follow it up in writing, have a look at our PIP MR & Appeal guide for details of the process and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should also contact the DWP for a copy of the assessment report if you have not already done so, it's usually quicker to do this over the phone, 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
You can still make an MR request up to 13 months after the date of the Decision Letter, but once you have exceeded the one month you must provide Good Cause as to why the request is late and being late it is now at the discretion of the DWP as to whether they allow it, however, given the problems that you have I doubt that this will be an issue.
You can make the request over the phone to the office that dealt with your claim, but should follow it up in writing, have a look at our PIP MR & Appeal guide for details of the process and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should also contact the DWP for a copy of the assessment report if you have not already done so, it's usually quicker to do this over the phone, 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
Last edit: 9 years 11 months ago by Gordon.
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