- Posts: 57
× Members
PIP Reconsideration
- Hughie
- Topic Author
- Offline
Less More
3 years 11 months ago #259399 by Hughie
PIP Reconsideration was created by Hughie
Hi
Can someone please let me know what to do if the DWP do not acknowledge having had a reconsideration request sent back to them, even though the person who sent it in has proof of postage?
I ask because a good family friend send in a reconsideration request well within the prescribed time period, and at the same time, issued a SAR to the Department. Nothing whatsoever was heard in response until last week, when she received a copy of her initial application pack back through her door. No supporting letter or anything. Just a copy of the pack. This lady is extremely vulnerable and currently under a CPN. She has very real suicidal ideation that she has tried to act upon 3 times in the last 6 months. The DWP have not said that they have not received the recon request, but they have not acknowledged it in any way, shape or form and likewise the SAR. The only response has been to send her application pack back to her. I have wrote to them on her behalf (with the relevant signed authority), and sent in further copies of the SAR and the recon request. However, what if they still do not respond? I understand that she can take the case straight to appeal, but how can she do as such if she has no documentation and the Department do not respond. I have also heard that a 12 month time limit can be in place if the person can show "just cause" but again, what if the Department simply do not respond? I have asked them to reply within 10 working days and to look again at the request under just cause. I have also said proof of postage is available and I have mentioned the relevant caselaw regarding suicidal ideation and PIP. But again I come down to what if they do not respond, or what if they do respond and simply dismiss the request and say we are out of time (even though proof of postage is there). What mechanics are in place to notify the Tribunal Service of the situation and to ask them to collate the paperwork from the Department to go forward to appeal?
Please help. This young woman is extremely fragile and this is causing her considerable distress.
Thank You. Hugh.
Can someone please let me know what to do if the DWP do not acknowledge having had a reconsideration request sent back to them, even though the person who sent it in has proof of postage?
I ask because a good family friend send in a reconsideration request well within the prescribed time period, and at the same time, issued a SAR to the Department. Nothing whatsoever was heard in response until last week, when she received a copy of her initial application pack back through her door. No supporting letter or anything. Just a copy of the pack. This lady is extremely vulnerable and currently under a CPN. She has very real suicidal ideation that she has tried to act upon 3 times in the last 6 months. The DWP have not said that they have not received the recon request, but they have not acknowledged it in any way, shape or form and likewise the SAR. The only response has been to send her application pack back to her. I have wrote to them on her behalf (with the relevant signed authority), and sent in further copies of the SAR and the recon request. However, what if they still do not respond? I understand that she can take the case straight to appeal, but how can she do as such if she has no documentation and the Department do not respond. I have also heard that a 12 month time limit can be in place if the person can show "just cause" but again, what if the Department simply do not respond? I have asked them to reply within 10 working days and to look again at the request under just cause. I have also said proof of postage is available and I have mentioned the relevant caselaw regarding suicidal ideation and PIP. But again I come down to what if they do not respond, or what if they do respond and simply dismiss the request and say we are out of time (even though proof of postage is there). What mechanics are in place to notify the Tribunal Service of the situation and to ask them to collate the paperwork from the Department to go forward to appeal?
Please help. This young woman is extremely fragile and this is causing her considerable distress.
Thank You. Hugh.
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 8990
3 years 11 months ago #259402 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Reconsideration
Hi Hugh
If you live near this young woman and are able to make a phone call to the DWP in her presence where she can confirm that you can speak on her behalf, then you can easily clarify your questions over the phone. (Lockdown rules should be relaxed next week for indoor meetings). The problem with writing as you have found out, it takes a while for things to be processed and get around the system. You know the information is there, but where it is currently is impossible to tell without a phone call. If you can't do it - perhaps the CPN can.
You can't go straight to the Tribunal service for PIP - you have to have a Mandatory Reconsideration first.
Regarding the SAR - I suspect they have quite a backlog - but that is why a phone call would be beneficial to find out where it is in the system.
If the young lady is forced to go to an appeal - she can submit with the help of others any information she has. A pack would then be sent to her, which would include her submission and all documentation the DWP have on her case. The DWP has to provide this and the Tribunal would be asking where it is if it did not materialise.
The best advice I can give at the current time is for someone to get on the phone on her behalf. The CPN will probably be able to get through and speak without her written permission - you would need to be present with her at the time of the call - so she can give consent for you to speak on her behalf.
BIS
If you live near this young woman and are able to make a phone call to the DWP in her presence where she can confirm that you can speak on her behalf, then you can easily clarify your questions over the phone. (Lockdown rules should be relaxed next week for indoor meetings). The problem with writing as you have found out, it takes a while for things to be processed and get around the system. You know the information is there, but where it is currently is impossible to tell without a phone call. If you can't do it - perhaps the CPN can.
You can't go straight to the Tribunal service for PIP - you have to have a Mandatory Reconsideration first.
Regarding the SAR - I suspect they have quite a backlog - but that is why a phone call would be beneficial to find out where it is in the system.
If the young lady is forced to go to an appeal - she can submit with the help of others any information she has. A pack would then be sent to her, which would include her submission and all documentation the DWP have on her case. The DWP has to provide this and the Tribunal would be asking where it is if it did not materialise.
The best advice I can give at the current time is for someone to get on the phone on her behalf. The CPN will probably be able to get through and speak without her written permission - you would need to be present with her at the time of the call - so she can give consent for you to speak on her behalf.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: ThisGovernmentsGoneToFar
Please Log in or Create an account to join the conversation.
- ThisGovernmentsGoneToFar
- Offline
Less More
- Posts: 294
3 years 11 months ago #259413 by ThisGovernmentsGoneToFar
I was formely known as (GoingOffMyHeadWithThisGovernment) Won PIP November 2017 ongoing award HR both. Now kept and got my ESA Support group but took a while.
Replied by ThisGovernmentsGoneToFar on topic PIP Reconsideration
I can agree with what BIS wrote here "The CPN will probably be able to get through and speak without her written permission"
My CPN done it all for me and explained everything to back all my evidence up without me being present. Mine was all then sorted.
Good luck.
My CPN done it all for me and explained everything to back all my evidence up without me being present. Mine was all then sorted.
Good luck.
I was formely known as (GoingOffMyHeadWithThisGovernment) Won PIP November 2017 ongoing award HR both. Now kept and got my ESA Support group but took a while.
The following user(s) said Thank You: Gary
Please Log in or Create an account to join the conversation.
- Hughie
- Topic Author
- Offline
Less More
- Posts: 57
3 years 11 months ago #259555 by Hughie
Replied by Hughie on topic PIP Reconsideration
Hi
Thank you for the reply. I did manage to have the person with me and we rang the DWP PIP number. We initially got through after a 25 minute wait and the call was just cut off. We tried again and this time waited 20 minutes, only for the same thing to happen again. It was incredibly frustrating. I may be a little wound up, but is it more than coincidence that both calls ended abruptly and just as we gave information about the situation?
Not sure what to do now. Letters are not working, and unfortunately the phone calls are not having any luck either. Just unbelievable.
Thank you for the reply. I did manage to have the person with me and we rang the DWP PIP number. We initially got through after a 25 minute wait and the call was just cut off. We tried again and this time waited 20 minutes, only for the same thing to happen again. It was incredibly frustrating. I may be a little wound up, but is it more than coincidence that both calls ended abruptly and just as we gave information about the situation?
Not sure what to do now. Letters are not working, and unfortunately the phone calls are not having any luck either. Just unbelievable.
Please Log in or Create an account to join the conversation.
- Hughie
- Topic Author
- Offline
Less More
- Posts: 57
3 years 11 months ago #259557 by Hughie
Replied by Hughie on topic PIP Reconsideration
Thank You
That might have to be the way forward. I just hope the CPN will do as such. Everyone is so bogged down these days with paperwork and all the other assorted goodies that it seems like one step forward and two steps backwards.
That might have to be the way forward. I just hope the CPN will do as such. Everyone is so bogged down these days with paperwork and all the other assorted goodies that it seems like one step forward and two steps backwards.
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 8990
3 years 11 months ago #259562 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Reconsideration
Hi Hugh
Sorry you had such a frustrating time to get through. It's not personal that you get cut off. It happens a lot. Hopefully the CPN will try, but otherwise I would give it another go, if you and the young lady can face it.
BIS
Sorry you had such a frustrating time to get through. It's not personal that you get cut off. It happens a lot. Hopefully the CPN will try, but otherwise I would give it another go, if you and the young lady can face it.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David