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Turned down after mandatory reconsideration

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8 years 3 months ago #148736 by Valerie
Well, just had phone call from my son saying the reconsideration result is he has been turned down ....so now I guess it will be a tribunal yet again ....although he has always won them and I go as his representative ..
I explained a month or so ago about them forgetting to send DLA papers , so they ended his payments and said he would be seen as a new client ...
He has uncontrollable epilepsy, panic attacks and anxiety (due to the epilepsy which he has had from childhood) plus sleep apnoea which leaves him with a low level of oxygen during sleep and he is back to the hospital this afternoon about that as they are trying to come up with some way of helping him as he cannot use things in his mouth because he also has attacks in his sleep ...
You previously advised him to go for the mandatory reconsideration ...but they only sent a small sheet to fill in !
Now turned down ...can't believe this ....he is in the support group and his wife is his carer ..already saw his doctor last week and he was totally disgusted when David said he had lost his benefits ...doctor said he could not believe it after he had sent them a detailed letter regarding his health ...and is fuming about this ...
So it's off again to the tribunal and just hope they are as understanding as the last ones were..I will download the files again , but this has left them dangerous.y short of money and could take months I have been told ...
Thanks again for any help and for all the help you give to others here
Valerie

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  • foss27
8 years 3 months ago #148744 by foss27
Replied by foss27 on topic Turned down after mandatory reconsideration
Hi
That's unfortunate.
If there is not enough foom on a form you can carry on on a seperate sheet of paper and label it clearly and attach it to the form.
The usual decision at the MR is a rubberstamp of the original decision.
You can read posts on here of people winning awards. It doesn't make up for the loss of the car IMO and if it happens to me I will challenge the loss of the car in court. There's no way it should be taken until the appeals are exhausted.
Perhaps your doctor could write to the tribunal and express his displeasure at the ignoring of his expert testimony.

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8 years 3 months ago #148751 by Gordon
Replied by Gordon on topic Turned down after mandatory reconsideration
Valerie

Have a look at the PIP Appeal guide, there are links to the SSCS1 form that you will need to complete to request an appeal and instructions on how to complete it.

Have you received a copy of the assessment report? If not you can request it by contacting the DWP office that dealt with his claim.

Gordon

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

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8 years 3 months ago #148754 by Valerie
Replied by Valerie on topic Turned down after mandatory reconsideration
Yes Gordon, we got a copy of the assessors report, young physiotherapist ! He lost by one point when she put he did not need help with bathing ...he is epileptic and his wife or now his 11 year old son, keeps him company sitting upstairs talking to him while he has a quick bath! They have no shower and no monetary means of getting one ...that one point has taken away all he has had the past few years ...disgraceful ...I just downloaded the 6 page one, but couldn't get to download the next one with 33 pages ...just said there is an error ??...thanks always for your help
Val

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8 years 3 months ago #148759 by Valerie
Replied by Valerie on topic Turned down after mandatory reconsideration
We have been to tribunals before and there is one in the area of Sunderland where they live where he has been before .....but for the pip assessment he was messed about being sent too far away (would have to have got 2 trains !) ..then changed it to a very difficult place to get to in the centre of Newcastle ! Is it allowable to say where you want to be heard ??

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8 years 3 months ago #148766 by Gordon
Replied by Gordon on topic Turned down after mandatory reconsideration

Valerie wrote: Yes Gordon, we got a copy of the assessors report, young physiotherapist ! He lost by one point when she put he did not need help with bathing ...he is epileptic and his wife or now his 11 year old son, keeps him company sitting upstairs talking to him while he has a quick bath! They have no shower and no monetary means of getting one ...that one point has taken away all he has had the past few years ...disgraceful ...I just downloaded the 6 page one, but couldn't get to download the next one with 33 pages ...just said there is an error ??...thanks always for your help
Val


The appeal guide should be on the following link

www.benefitsandwork.co.uk/help-for-claimants/pip

If you can let us know what the error is we may be able to help you.

Gordon

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

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