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PIP Mandatory Reconsideration
- antirrhinum
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4 years 2 months ago #255320 by antirrhinum
PIP Mandatory Reconsideration was created by antirrhinum
Got the response from DWP a few days ago. Suffice to say, I am unimpressed.
Parts of the decision reasoning were blatantly incorrect and contradicted by medical evidence.
No weight was given to my "How your disability affects you" answers, which were set out to be impeccably clear: I went through all the 'reliability' components point by point, addressing how my symptoms invalidated doing things "reliably".
There was lots of "you claim to have this symptom but are not on medication/under care by a specialist team for this symptom".
They said the mental health examination was "unremarkable" when I discussed my history of suicidal ideation with the assessor. If that counts as unremarkable, god knows how bad you have to be for it to count.
I've written a rebuttal to the decision reasoning, point by point. Either pulling points from the first form and showing how they weren't addressed, or directly pointing out the bad reasoning in the decision, followed by a paragraph stating what I believed the decision ignored or otherwise got wrong.
I don't know what else to do or write: is there someone who can help with this, eg. citizens advice or an organisation or something? I know my odds of winning through MC are low, but I want the best chance possible. I'm concerned they won't read all of the rebuttal - it's well formatted but still 7 pages long (has to be, to address all of the errors). What's the best way to go about this?
Thanks in advance.
Parts of the decision reasoning were blatantly incorrect and contradicted by medical evidence.
No weight was given to my "How your disability affects you" answers, which were set out to be impeccably clear: I went through all the 'reliability' components point by point, addressing how my symptoms invalidated doing things "reliably".
There was lots of "you claim to have this symptom but are not on medication/under care by a specialist team for this symptom".
They said the mental health examination was "unremarkable" when I discussed my history of suicidal ideation with the assessor. If that counts as unremarkable, god knows how bad you have to be for it to count.
I've written a rebuttal to the decision reasoning, point by point. Either pulling points from the first form and showing how they weren't addressed, or directly pointing out the bad reasoning in the decision, followed by a paragraph stating what I believed the decision ignored or otherwise got wrong.
I don't know what else to do or write: is there someone who can help with this, eg. citizens advice or an organisation or something? I know my odds of winning through MC are low, but I want the best chance possible. I'm concerned they won't read all of the rebuttal - it's well formatted but still 7 pages long (has to be, to address all of the errors). What's the best way to go about this?
Thanks in advance.
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- Catherine
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4 years 2 months ago #255333 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic PIP Mandatory Reconsideration
Hello Alex,
I am not quite sure if the response you are referring to is from you initial assessment or from a MR. I am going to assume it is the former - if I have got that wrong, please post again putting me right!
I can feel your frustration, but well done for being willing to fight on.
The rebuttal could form the evidence for your MR. But you ask about help. That is difficult to say, since the help available varies from area to area. Certainly the CAB are a good starting point - if they can't help you they might be able to tell you who can. Check to see if there are any disability rights groups in your area, if you are a tennant of a housing association, sometimes they have someone who can help. If you have 'named' disability, sometimes there are supporting organisations who can assist. Sorry not to be able to give you more helpful help on that one.
If you do find someone to help you, they will be very grateful for the work you have already done in preparing your rebuttal. If you don't, submit it anyway.
Whilst you are doing that search, do keep an eye on the date for when you need to submit you MR, and don't be afraid to ask for extra for time if you need it. They are generally very willing to give an extra couple of weeks if there is a good reason.
Catherine
I am not quite sure if the response you are referring to is from you initial assessment or from a MR. I am going to assume it is the former - if I have got that wrong, please post again putting me right!
I can feel your frustration, but well done for being willing to fight on.
The rebuttal could form the evidence for your MR. But you ask about help. That is difficult to say, since the help available varies from area to area. Certainly the CAB are a good starting point - if they can't help you they might be able to tell you who can. Check to see if there are any disability rights groups in your area, if you are a tennant of a housing association, sometimes they have someone who can help. If you have 'named' disability, sometimes there are supporting organisations who can assist. Sorry not to be able to give you more helpful help on that one.
If you do find someone to help you, they will be very grateful for the work you have already done in preparing your rebuttal. If you don't, submit it anyway.
Whilst you are doing that search, do keep an eye on the date for when you need to submit you MR, and don't be afraid to ask for extra for time if you need it. They are generally very willing to give an extra couple of weeks if there is a good reason.
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gaddy
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4 years 2 months ago #255338 by Gaddy
Replied by Gaddy on topic PIP Mandatory Reconsideration
Hi Alex,
Just an idea about getting help as you mentioned mental health issues- MIND have been incredibly helpful to me over the years when challenging the decisions the DWP have initially handed out. Perhaps worth a try, they have staff that only deal with welfare benefits and know their stuff when it comes to the workings of the DWP. If you go on to their website and search welfare benefits you should get a list of branches throughout the UK.
All the best
Just an idea about getting help as you mentioned mental health issues- MIND have been incredibly helpful to me over the years when challenging the decisions the DWP have initially handed out. Perhaps worth a try, they have staff that only deal with welfare benefits and know their stuff when it comes to the workings of the DWP. If you go on to their website and search welfare benefits you should get a list of branches throughout the UK.
All the best
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