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SHOCKING Pip mandatory reconsideration MR

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15 hours 1 minute ago #302481 by Paigegee
I’m so shocked at the DWP. I was receiving standard mobility and my health condition significantly worsened in march. I was in hospital and suffering so badly I was not able to submit the changes until September. I submitted the change of circumstance, had a new assessment and was awarded enhanced for both. Perfect. However they didn’t give me any backpay from when I submitted the change in September, as they awarded me from December, stating that because ONE of my multiple other health conditions came about in September, that I didn’t qualify for backpay sooner as I didn’t meet the criteria with the three month rule, despite all other new health conditions that I have had since march stopped me from performing any daily or mobility activities prior to this new health condition in September anyway. Surely this is absolutely wrong to base my whole award on one condition and they haven’t considered the totality of my disability? If I didn’t have this specific condition in September, I was still unable to perform any of the daily activities or mobility, I submitted extensive medical evidence which clearly documents my pain and suffering from April, and the same person who awarded me in December has done my MR and upheld his decision, so I feel like he’s been bias. I’m going to submit an appeal, but is there anyway this could potentially be lapsed? I feel like this is shocking and they’ve used terrible judgement. I don’t even think the three month rule applied for a change of circumstances. Please help.

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14 hours 4 minutes ago #302496 by BIS
Hi Paigegee

I'm sorry you find yourself in this position.

I'm afraid the three-month rule applies even with a change of circumstances.

There's nothing to stop you from asking them to look at it again - Just make it clear that you are asking them to look at the backpay issue - you do not want them to review your award!

BIS

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13 hours 59 minutes ago #302499 by Paigegee
Replied by Paigegee on topic SHOCKING Pip mandatory reconsideration MR
Hi
I have asked them to again and the MRN has come back from the same person who decided my original award and had said he upholds the original decision that I only met the criteria for enhanced from December due to the three month rule. So I will be appealing to tribunal as they have not considered the totality of my disability. They’ve taken one condition and based my whole award on this to be clever and not pay me my money owed even though I’ve been in a crippling state since march without the proper financial support or care. If I didn’t have this one condition that came about in September, I still wouldn’t have been able to do things in the descriptors based on my other conditions, I have extensive medical evidence for this I don’t know how they can be so cruel

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13 hours 56 minutes ago #302501 by BIS
Hi Paigegee

I'm afraid that the Tribunal do not consider when the DWP chooses to pay people from - so you may find it turned down immediately.

BIS

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13 hours 51 minutes ago #302502 by Paigegee
Replied by Paigegee on topic SHOCKING Pip mandatory reconsideration MR
What about if I go down the route of the start date of the award? As I still believe I am entitled to the start date being changed to reflect when my condition worsened and if that’s the case I should be entitled to my backpay

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13 hours 36 minutes ago #302505 by BIS
Hi Paigegee

I can understand why you're upset, and normally, if someone submits a change of circumstances, then the improved award is from that date. However, the three-month rule still applies and it is a judgement call on their part.

Your assessor is arguing that he is only willing to do it starting in December. It seems he is saying that it is this one thing that earned you the enhanced award, not the other two issues. Now you can argue that he's wrong, but that appears to be what he is saying.

You could file an official complaint and say that you're being treated unfairly regarding the back pay.

You can submit an appeal, but as I have already said, Tribunals do not generally involve themselves in the inner workings of the DWP - so I don't think it will even be accepted. However, there is nothing to stop you from trying, but this will take a year.

BIS

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