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PIP mandatory reconsideration

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8 years 11 months ago #159054 by Richard
PIP mandatory reconsideration was created by Richard
Hi,

Sorry if these questions have been asked already (I have looked but I couldn’t see any answers).

Firstly. How long does it take for a PIP mandatory reconsideration? From the date PIP receive my mandatory reconsideration letter?

Secondly. How long should the letter be? Could a letter be too long? Mines is 12 pages long. I have stuck to the facts (not insulted anyone! Lol). There was so much wrong with my assessment report.

Lastly. I have been awarded:

PIP (9 points for daily living and 10 points for mobility activities), also the length of time my PIP has been awarded (10 years).

I’m appealing on all counts, but by question is the length of award I’ve received. I’ll show you what I’ve put in the mandatory reconsideration letter:

Length of award
I have been awarded PIP for 10 years. The MP does not state this in his decision letter, it states ‘ As your condition is unlikely to change, I have selected the maximum possible review period’.

This statement is misleading. The maximum review period is ‘Ongoing’. Of which I thought I had until the PIP customer services advised me otherwise.

My condition is not going to get better. The MP has stated this. The HP even states that ‘ Due to the nature of this condition it would be reasonable to suggest NO REVIEW term is required’.

I was award DLA ‘indefinitely’ and should be awarded PIP ‘Ongoing’.

“Ongoing awards of PIP will be given in cases where the claimant is unlikely to get either better or worse.”

Does this statement seem enough?

Thank you for you help

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8 years 11 months ago #159087 by Gordon
Replied by Gordon on topic PIP mandatory reconsideration
Richard

MR usually take 4-5 weeks, as a minimum about a week and as a maximum several months.

There's no right or wrong length for a letter, just try not to waffle. :)

Your statement about the award length sounds fine.

Gordon

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8 years 11 months ago #159112 by Richard
Replied by Richard on topic PIP mandatory reconsideration
Hi Geoff,

Thanks for your advice.

Also could you tell if you are aware that DWP does not supply the full PIP assessment report?

I’ve received my report but it’s incomplete. It is missing the last 2 pages (27-28). From what I’ve read on website PIP notes (pip-assessment-guide_july_15.pdf)

It’s seems to be the Summary justification section. Aren’t they allowed to provide me with this?

Sorry just one more thing

I’ve read on here that the mandatory reconsideration stage is kind of point less. That the DWP seldom do anything other than 'rubber stamp' the original decision.

Is this really the case?

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8 years 11 months ago #159120 by Richard
Replied by Richard on topic PIP mandatory reconsideration
My doctor has advised me that within the sensory impairments there are additional senses beyond the traditional five senses of sight, hearing, taste, smell and touch. One includes, equilibrioception (balance/gravity)

Due to my feet, legs and back deformities and fusions. I have sensory/equilibrioception (balance/gravity). It’s because of these deformities I have little, if no balance.

Could this be used as evidence?

Or will the DWP only except the 5 senses?

From what I’ve read sensory impairments are not just classed as 5 senses. They can branch of into others areas such as thermoception (heat/cold), equilibrioception (balance/gravity), proprioception and kinesthesia (joint motion and acceleration).

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8 years 11 months ago #159124 by Gordon
Replied by Gordon on topic PIP mandatory reconsideration

Richard wrote: Hi Geoff,

Thanks for your advice.

Also could you tell if you are aware that DWP does not supply the full PIP assessment report?

I’ve received my report but it’s incomplete. It is missing the last 2 pages (27-28). From what I’ve read on website PIP notes (pip-assessment-guide_july_15.pdf)

It’s seems to be the Summary justification section. Aren’t they allowed to provide me with this?

Sorry just one more thing

I’ve read on here that the mandatory reconsideration stage is kind of point less. That the DWP seldom do anything other than 'rubber stamp' the original decision.

Is this really the case?


If you are missing pages from the report then you should contact the DWP about this.

The revision rate at MR is low, but we do see Decisions being update fairly regularly.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 11 months ago #159126 by Gordon
Replied by Gordon on topic PIP mandatory reconsideration

Richard wrote: My doctor has advised me that within the sensory impairments there are additional senses beyond the traditional five senses of sight, hearing, taste, smell and touch. One includes, equilibrioception (balance/gravity)

Due to my feet, legs and back deformities and fusions. I have sensory/equilibrioception (balance/gravity). It’s because of these deformities I have little, if no balance.

Could this be used as evidence?

Or will the DWP only except the 5 senses?

From what I’ve read sensory impairments are not just classed as 5 senses. They can branch of into others areas such as thermoception (heat/cold), equilibrioception (balance/gravity), proprioception and kinesthesia (joint motion and acceleration).


All you can do is present your arguments, as far as I am aware there is no Case Law in this area yet.

Gordon

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