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MR.. How long I got?

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3 years 9 months ago #261430 by Judy
MR.. How long I got? was created by Judy
Ok, so the only way I found out that I was downgraded was by my PIP payments suddenly shrinking :( I've had two payments now at the lower rate and not a letter yet telling me I have been downgraded. So I had to ring them up (waiting for an hour:( ) They said they haven't gotten around to sending me the letter out but I should have it next week first thing.
Now my question is this, will this lack of letter have eaten into my MR request timeframe? And if it has what do I do?
Wondering if this is a new tactic, running down your time to apply for an MR?

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3 years 9 months ago #261433 by BIS
Replied by BIS on topic MR.. How long I got?
Hi Judy

You should have one month from the date on the decision letter (that's including the time that it is sent to you). If you only find yourself with a week, you should instantly ring and up and complain. If they have yet to send you the letter, I would hope you will have sufficient time for your MR.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 9 months ago #261445 by LL26
Replied by LL26 on topic MR.. How long I got?
Hi Judy,
What BIS says is entirely correct. However, if you find that the late sending of the MR has eaten into your month, then do the MR as soon as you can, but do it properly. So if that means you take a few days longer, then don't worry. It is better to do a late MR properly, than a quick scribble, which is unlikely to lead to a changed decision.
At the beginning of your MR letter, clearly state that eg
'Please note that although the MR is dated X July, it did not arrive to me until Y days later. I was aware that the decision had been changed due to receiving less money in the bank, and contacted DWP on [date] and was told that there would be a decision letter arriving. I have completed my MR request as soon as possible, bearing in mind my disabilities, [you could explain briefly], and should not be prejudiced by exceeding the month's time limit, given the late arrival of the decision letter'.
Although the decision letter will say that you have a month to make an MR request, there is an absolute time limit of 13months after the date of the decision. If you provide a good reason for lateness there is unlikely to be a problem, and the wording I have suggested above (or something similar) should be sufficient. A few days late will not be a problem.
You can of course start getting medical reports, a statement from a friend etc ready now. Please phone DWP (sorry, another potential wait) and ask for a copy of the PA4 assessment report if you haven't already done so. You can begin going through that as soon as you get it, or now, if you have received this.
I hope this helps, and will remove the worry of sending in the MR on time. (I appreciate that it is really frustrating thinking you have a month and it is only a few days due to DWP being late!!!)
Good luck.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 9 months ago #261461 by an ex nurse
Replied by an ex nurse on topic MR.. How long I got?
Hi Judy, if you need to ring them again it is worth trying at 9am as the wait times are shortest then. I did this recently and only waited 12 minutes for a reply. Hope that helps and good luck with everything.
Best wishes
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3 years 9 months ago #261522 by Judy
Replied by Judy on topic MR.. How long I got?
I have twice requested a P4A, the first time I wrote in, the second time was when I rang them. I will now ring them early tomorrow as advised. Thank you for all the help.

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