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PIP MR How long and do you still get paid?

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4 years 2 months ago #255377 by nicmcc
Back ground:
I'm currently in PIP Enhanced for both. Extended until Jul 21 (because of the pandemic). I have had my renewal and telephone assessment .

I've just received the copy of my phone assessment. And looking at the points the assessor has recommended it will be: Standard - Daily living & Enhanced mobility.
My previous points for living were: 16 vs 9 on the renewal.
Mobility, previous: 16 Original vs 12 on the renewal.
Last time I had a home medical.

I am currently working through and writing a letter to correct missing/ wrong info/ ignored evidence for specific descriptors. I will make sure to state, that this is not a request for a Mandatory Reconsideration (but reserve the right to do so once a Decision has been made).
I am going to phone on Monday, if I'm not too late and try to speak to the Decision maker.

I'm going to try to correct the mistakes but, I'm not sure MR is worth the risk, so need some info / advice to weigh it up.

I know that know one knows exactly (especially now). But how long do Mandatory Reconsideration normally take / are taking at the moment?

Do you still get paid PIP while waiting? I know that any decision supersedes the current (extended) award. But will you get paid the new (disputed award) while the mandatory consideration is taking place?

Also I'm not better and have not improved (I've actually got a bit worse), there were no changes in circumstances etc. But, can the new assessors report be used to say you were not entitled to your previous award?

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4 years 2 months ago #255393 by Gary
Hi nic

At this moment in time a decision has not yet been made so you will still receive PIP.

No, your new assessors report cannot be used to say you were not entitled to your previous claim.

There is a window for you to write to the Decision Maker but you will need to be quick.

Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said. Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.

It is always helpful to refer back to your original form and paperwork, do this in your letter as well, for example;

"the assessor does not seem to have taken on board the information I supplied in reply to question X and the medical evidence I supplied in support of this, see page Y of the information attached to my form."

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

Make sure that your letter makes it clear that you are not requesting a Mandatory Reconsideration but you reserve the right to do so once a Decision has been made.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: nicmcc, denby

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4 years 2 months ago #255396 by nicmcc
Replied by nicmcc on topic PIP MR How long and do you still get paid?
Thank you,

If I'm too late, and I get a award at the lower rate (or they get the letter & still go with the points on the assessors report) and I then ask for mandatory reconsideration, do you get paid the new rate awarded while they make a decision? Or does all payments stop as soon as you ask for the mandatory reconsideration?

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4 years 2 months ago #255403 by Gary
Hi Nick

As a new decision has been made, then you will get paid at the new rate. If you are successful with your MR/appeal then your award will be backdated to the date of the decision.

Gary

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

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