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Help PIP lost my Mandatory Reconsideration letter.
- roswell1967
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3 years 6 months ago #264540 by roswell1967
Help PIP lost my Mandatory Reconsideration letter. was created by roswell1967
At the beginning of July I had to ask for a mandatory reconsideration because after 20 years on DLA and then PIP I had the phone call interview that lasted an hour and a half and I was given ZERO! points on everything .
The reconsideration process was started and I wrote a letter challenging everything they said. It was sent by registered signed for post on the Saturday and I tracked it until it was signed for on the Monday.
That was 14 weeks ago so I thought I would phone them and see what was happening. I was told that they were waiting for me to send in my evidence like i said i was going to do. I told them that i had done that and by recorded signed for delivery which tracking it showed it had been signed for.
After they talked with their supervisor I was told i would have to send in my evidence and letter again because it wasn't on their system. I have been waiting all this time for a decision letter from them to drop through my letterbox while in fact they had lost my paperwork and were therefore doing nothing.
If, in their opinion, they hadn't received my paperwork then wouldn't they have closed my case down after a set amount of time and told me about it?
It just seems odd that my reconsideration is still open after all of this time. I think I need some help with wording a new letter to them. I remember something about that if the letter is too long they are more likely to not bother reading it, so are there any templates I can follow on this site?
Oh and I've lost the receipt from when I posted it, not that I think it would make much difference because they would still want the letter etc.
Cheers
The reconsideration process was started and I wrote a letter challenging everything they said. It was sent by registered signed for post on the Saturday and I tracked it until it was signed for on the Monday.
That was 14 weeks ago so I thought I would phone them and see what was happening. I was told that they were waiting for me to send in my evidence like i said i was going to do. I told them that i had done that and by recorded signed for delivery which tracking it showed it had been signed for.
After they talked with their supervisor I was told i would have to send in my evidence and letter again because it wasn't on their system. I have been waiting all this time for a decision letter from them to drop through my letterbox while in fact they had lost my paperwork and were therefore doing nothing.
If, in their opinion, they hadn't received my paperwork then wouldn't they have closed my case down after a set amount of time and told me about it?
It just seems odd that my reconsideration is still open after all of this time. I think I need some help with wording a new letter to them. I remember something about that if the letter is too long they are more likely to not bother reading it, so are there any templates I can follow on this site?
Oh and I've lost the receipt from when I posted it, not that I think it would make much difference because they would still want the letter etc.
Cheers
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- LL26
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3 years 6 months ago #264546 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Help PIP lost my Mandatory Reconsideration letter.
Hi Orphan,
I'm sorry to hear that DWP lost your letter. This is exceedingly frustrating!
Unless you want to make a formal complaint I don't think you need the exact posting details of the original letter. Presumably you can remember near enough the day? If you typed the letter the date typed would appear on the 'properties' menu when you open the file. This may help with the date.
In your MR letter certainly write a couple of sentences at the beginning saying this is a repeat letter as the previous letter was lost and give the date when sent.
You may wish to include a paragraph about the fact you had previously had DLA and or PIP for many years and suddenly have been awarded zero points. (Your case will be a Supersession which is a legal term when DWP believe a change of circumstances has occurred - DWP need to make a full explanation of why they have awarded zero points in these circumstances.) Therefore write one
or 2 paragraphs giving background to your illness/disability and explain when you were diagnosed. The general effects, and certainly state that you have become worse, as evidenced by recent surgery, new complications, increased meds etc.
If you have the assessment report (PA4) have a look at it and write down on a piece of paper no more than 3 or 4 criticisms of the report. Basically use these as bullet points
Eg
Your decision relies on the information contained within the assessment report, however there are fundamental errors in the report and therefore this can not be considered as reliable. These errors include:
•repeated use of copy and paste says no specialist input which is incorrect -I see the Consultant Cardiologist every 4 weeks.
• I can not drive so the analogy that I can therefore peel and chop vegetables because I drive is totally flawed
• the report says that I walk to my mother 3 times a week. My mother lives in Edinburgh which is over 200 miles from my home, so this is also incorrect
• throughout the assessment the assessor was very condescending, rude and kept saying 'are you sure you want to say that?'
Then go through each descriptor activity and using the guides decide where your limitations best fit. Remember that activities need to be done safely, repeatedly, take no more than twice the time of a non disabled person and completed to a reasonable standard. All 4 criteria have to apply. The appropriate descriptor is likely to be the one that you can perform for the majority of days, across the whole day, safely, acceptably and within the reasonable time scale.
If no one descriptor is done for the majority you can aggregate activities in the same set to reach 51% and your points level will be the most prevalent or if both activities are done equally then the highest value one.
Write in your letter which descriptor applies
Eg I can not get into the bath without assistance, this is because I cannot walk without crutches due to the fracture in my thigh bone. I am unsteady and do not have enough balance to climb into the bath unaided. I need help to left my leg over the edge, and to be helped out. It is not safe fir me yo do this without assistance as I have fallen 10 times when doing this alone. This last time I fell I had a cut on my head requiring 13 stitches and had concussion. My GP has said I should not try and get in the bath without help. I should receive 3 points 4e.
If there is a particular criticism about the assessment in relation to a descriptor say it, and counter it, be matter if fact and brief. Don't go into everything as that will just detract and indeed distract from the important points you need to make. (This is why using the bullets points to group together the major faults makes the point simply and strongly, at the beginning and you don't need to go through every single spelling error, or copy and paste entry!)
Be matter of fact when cricising, but a few heartfelt words of how you struggle to do an activity often paints a great picture in explaining the struggles you face.
If you have medical reports send these again too.
Keep a copy.
Send by tracked post again!
Chase up receipt in a week or two.
I hope this helps.
LL26
I'm sorry to hear that DWP lost your letter. This is exceedingly frustrating!
Unless you want to make a formal complaint I don't think you need the exact posting details of the original letter. Presumably you can remember near enough the day? If you typed the letter the date typed would appear on the 'properties' menu when you open the file. This may help with the date.
In your MR letter certainly write a couple of sentences at the beginning saying this is a repeat letter as the previous letter was lost and give the date when sent.
You may wish to include a paragraph about the fact you had previously had DLA and or PIP for many years and suddenly have been awarded zero points. (Your case will be a Supersession which is a legal term when DWP believe a change of circumstances has occurred - DWP need to make a full explanation of why they have awarded zero points in these circumstances.) Therefore write one
or 2 paragraphs giving background to your illness/disability and explain when you were diagnosed. The general effects, and certainly state that you have become worse, as evidenced by recent surgery, new complications, increased meds etc.
If you have the assessment report (PA4) have a look at it and write down on a piece of paper no more than 3 or 4 criticisms of the report. Basically use these as bullet points
Eg
Your decision relies on the information contained within the assessment report, however there are fundamental errors in the report and therefore this can not be considered as reliable. These errors include:
•repeated use of copy and paste says no specialist input which is incorrect -I see the Consultant Cardiologist every 4 weeks.
• I can not drive so the analogy that I can therefore peel and chop vegetables because I drive is totally flawed
• the report says that I walk to my mother 3 times a week. My mother lives in Edinburgh which is over 200 miles from my home, so this is also incorrect
• throughout the assessment the assessor was very condescending, rude and kept saying 'are you sure you want to say that?'
Then go through each descriptor activity and using the guides decide where your limitations best fit. Remember that activities need to be done safely, repeatedly, take no more than twice the time of a non disabled person and completed to a reasonable standard. All 4 criteria have to apply. The appropriate descriptor is likely to be the one that you can perform for the majority of days, across the whole day, safely, acceptably and within the reasonable time scale.
If no one descriptor is done for the majority you can aggregate activities in the same set to reach 51% and your points level will be the most prevalent or if both activities are done equally then the highest value one.
Write in your letter which descriptor applies
Eg I can not get into the bath without assistance, this is because I cannot walk without crutches due to the fracture in my thigh bone. I am unsteady and do not have enough balance to climb into the bath unaided. I need help to left my leg over the edge, and to be helped out. It is not safe fir me yo do this without assistance as I have fallen 10 times when doing this alone. This last time I fell I had a cut on my head requiring 13 stitches and had concussion. My GP has said I should not try and get in the bath without help. I should receive 3 points 4e.
If there is a particular criticism about the assessment in relation to a descriptor say it, and counter it, be matter if fact and brief. Don't go into everything as that will just detract and indeed distract from the important points you need to make. (This is why using the bullets points to group together the major faults makes the point simply and strongly, at the beginning and you don't need to go through every single spelling error, or copy and paste entry!)
Be matter of fact when cricising, but a few heartfelt words of how you struggle to do an activity often paints a great picture in explaining the struggles you face.
If you have medical reports send these again too.
Keep a copy.
Send by tracked post again!
Chase up receipt in a week or two.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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