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PIP manditory reconsideration request stage prep

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6 years 7 months ago #195400 by twinkerzzz
Hi

I'm preparing to go into a mandiatory consideration request against my PIP and have some questions.

1. I'll make the call to request an award explanation this week. Meanwhile i will draft the MR letter and send it. Regarding the call: is that me calling them and then them calling me back ? How long till they ususally call back and is that just a standard explanatory procedure they go through ?

2. I'm getting mixed messages from your guides & also compared to others online about how much detail to go into at MR stage. I would have thought it would be important to draw attention to where failure has occured now - to the degree your guides encourage for appeal stage - could you clarify your postion in this ?

2. Should i resend all my previously submitted evidence and copies of my answers with my request for manditory reconsideration ?

3. Does the 'report' that is contained in the award notifcation letter bare any resemblence to the medical assessors actual report the decision maker recieves ? In the letter it lists points awarded alongside brief summaries for each activity and then has a 'how i made my decision' paragrapgh. Is it ok to argue grounds for mandiatory recosnideration based on this notifcation letter summary report ?

4. You previously indicated i should be able to obtain a copy of the PIP assessors report without requesting a SARS. Can i just do this over the phone and expect it to reliably arrive within 30 days ? They made a paper-based assessment in a DLA to PIP transfer. Is this a PA3 i should request and can i do it when i make the call to request the explanation ?

thanks - appreciated.
n

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6 years 7 months ago #195423 by Gordon
nicholson

1. It's you calling them, they are not required to return the call but if they do then it should be within 5 days of your call.

2. Revision rates at MR are very low and you may only overturn the current Decision by showing fundamental issues with the assessment report. For some claimants, this is something they believe that they can achieve (the reality may be different), in which case it is worth making a detailed response to the MR.

For other claimants, there best chance of success is at appeal and so they provide little or no additional information to the MR to try and progress to appeal as quickly as possible.

3. There should be no need for you to do this unless you believe the information is missing, which would be unusual.

4. Yes you can make the request by phone, if it was a Paper Decision then you need the PA3. It should be serviced within the 30 days. You can back it up with a SAR, but be aware that this will definitely take longer to get to the right department and they have 40 calendar days to provide a response although I would not expect it to take this long.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 7 months ago #195426 by twinkerzzz
Replied by twinkerzzz on topic PIP manditory reconsideration request stage prep
Thanks
Your reply about how much info to give at MR vs appeal is v interesting.
I can see that a claimant needs to decide if to focus on MR or appeal depending on their particular position in relation to :
1. the fact of low revision rates at MR stage
2. that the DWP might just reject you at MR anyway to push you onto their 2nd chance to consider your case during pre-appeal hearing to see if you have the balls to go through with the challenge.

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