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PIP reconsideration
- OUTLANDER
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3 years 11 months ago #259735 by OUTLANDER
PIP reconsideration was created by OUTLANDER
Hi All,
After requesting a copy of the report after my PIP phone assessment and seeing the omissions and inaccuracies - I sent further evidence to DWP. Guided by B and W website as managed to sent one letter off which arrived with them on the 13th May and then a second letter which arrived with them on 18th May (sent both signed for delivery}. Today I have received my DM and I've been placed in standard for both care and mobility. I call DWP (I was waiting for nearly one hour for an advisor - just a little moan). He informed me that the DM had only read the first letter and did he want me to ask for a 'reconsideration'. As they have ignored all the factual evidence that has been submitted I have agreed but reiterated that I was not asking for a mandatory reconsideration at this point. Has anyone else had experience of this? I know how crafty they are and I did state in my cover letter that I was presenting 'further evidence' and if I decided to request a mandatory reconsideration I would put it in writing and not just over the phone.
After requesting a copy of the report after my PIP phone assessment and seeing the omissions and inaccuracies - I sent further evidence to DWP. Guided by B and W website as managed to sent one letter off which arrived with them on the 13th May and then a second letter which arrived with them on 18th May (sent both signed for delivery}. Today I have received my DM and I've been placed in standard for both care and mobility. I call DWP (I was waiting for nearly one hour for an advisor - just a little moan). He informed me that the DM had only read the first letter and did he want me to ask for a 'reconsideration'. As they have ignored all the factual evidence that has been submitted I have agreed but reiterated that I was not asking for a mandatory reconsideration at this point. Has anyone else had experience of this? I know how crafty they are and I did state in my cover letter that I was presenting 'further evidence' and if I decided to request a mandatory reconsideration I would put it in writing and not just over the phone.
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- Catherine
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3 years 11 months ago #259762 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic PIP reconsideration
Hello Pamela,
This is an interesting one, and not one I have come across before. If you received your notice on the 21st, it is very likely that the decision will have been made on the 18th or 19th of May. We know that it can take a few days, or even a week for the Wolverhampton office to scan documents into the system, so the DM almost certainly did not have the opportunity read your second letter before they made their decision. It would seem to me to fair to make that decision on all the information they had available to them at that time. It is tough to say that they ignored evidence which was not in front of them.
Answering from a technical point of view, once the decision has been made, the normal only recourse is a request for a Mandatory Reconsideration. Since you have put a covering letter with your second piece of evidence saying that you do not wish for a MR there is a high risk that the evidence will simply be put into your file and no action will be taken.
As far as I can see it your possible courses of action are:
1. Do nothing and hope they read the new evidence and review their original decision. But I must stress that there is no protocol for this.
2. Contact the DWP and explain what happened and see if they will review their initial decision in light of the additional evidence. As above, there is no protocol for this, and they would effectively be doing you a favour.
3. Go straight for requesting a MR including the additional evidence. This has the advantage of being standard protocol and will therefore happen, although obviously you have to throw everything at it since you only get one opportunity for an MR. (And it would be remiss of me to state that there is at least a theoretical chance that they will review your decision and it will be less than the original one. I have never experienced this, but I have heard of it happening in a couple of exceptional and usual cases.)
If it was my decision I would go for the certainty of going straight for an MR. It will be interesting to see what others think.
I hope that helps a little
Catherine
This is an interesting one, and not one I have come across before. If you received your notice on the 21st, it is very likely that the decision will have been made on the 18th or 19th of May. We know that it can take a few days, or even a week for the Wolverhampton office to scan documents into the system, so the DM almost certainly did not have the opportunity read your second letter before they made their decision. It would seem to me to fair to make that decision on all the information they had available to them at that time. It is tough to say that they ignored evidence which was not in front of them.
Answering from a technical point of view, once the decision has been made, the normal only recourse is a request for a Mandatory Reconsideration. Since you have put a covering letter with your second piece of evidence saying that you do not wish for a MR there is a high risk that the evidence will simply be put into your file and no action will be taken.
As far as I can see it your possible courses of action are:
1. Do nothing and hope they read the new evidence and review their original decision. But I must stress that there is no protocol for this.
2. Contact the DWP and explain what happened and see if they will review their initial decision in light of the additional evidence. As above, there is no protocol for this, and they would effectively be doing you a favour.
3. Go straight for requesting a MR including the additional evidence. This has the advantage of being standard protocol and will therefore happen, although obviously you have to throw everything at it since you only get one opportunity for an MR. (And it would be remiss of me to state that there is at least a theoretical chance that they will review your decision and it will be less than the original one. I have never experienced this, but I have heard of it happening in a couple of exceptional and usual cases.)
If it was my decision I would go for the certainty of going straight for an MR. It will be interesting to see what others think.
I hope that helps a little
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- OUTLANDER
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3 years 11 months ago #259780 by OUTLANDER
Replied by OUTLANDER on topic PIP reconsideration
Hi,
Thanks Catherine.
I'll get the mandatory reconsideration ready to send off - as I can't reply on the information the DWP advisor told me.
Again thanks for the reply.
Thanks Catherine.
I'll get the mandatory reconsideration ready to send off - as I can't reply on the information the DWP advisor told me.
Again thanks for the reply.
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- LL26
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3 years 11 months ago #259798 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP reconsideration
Hi Pamela,
I agree with Catherine. DWP don't really do unusual!
Good luck with the MR.
LL26
I agree with Catherine. DWP don't really do unusual!
Good luck with the MR.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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