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TOPIC: Pls help - MR refused, then all disalowed!!!

Pls help - MR refused, then all disalowed!!! 1 month 3 weeks ago #196015

Applied for PIP in March this year. Was given 8 points for Daily Living (DL) by the Health Assessor (HA) from ATOS and ony 4 for Mobility (M). I have had an ongoing problem with acute Achilles Tendonitis for over 15 months now, already had my left hip replaced and the right one is causing severe pain with OA but the Docs say it's not bad enough yet, to me it is!
She clearly had not listened to half of what I told her as she never stopped typing and I felt most uncomfortable. But as this was the first time I'd ever applied for PIP thought it was the norm.
I phoned DWP and said I thought I should have had at least 8 points for M and 11 for DL, so was told to apply for the Mandatory Reconsideration (MR). A quite polite lady said I had until 11 June to return it. Around the 4 June I received a letter from the DWP stating they'd not received my MR with the further medical evidence yet and I had until 8 June to return it, they had enclosed a brown 21nd class return envelope which I think may have had an address in Belfast.
I had written most of my evidence and still had a bit to add to it so didn't get it sent off until the 6th. I had become a member of your site and used several phrases/quotes in my MR, but also had noted that somewhere your site says they often say the MR arrived late and therefore the further evidence will not be considered!
Lo and behold the brown envelope arrived on 9 June stating that they had considered my MR but would not be using the further evidence as it arrived late. So I thought Oh well I'll just have to accept it then, my fault for not posting it in time.
On the 25th July I received another letter from the DWP in a white envelope and written on grey paper. The heading was again MR so I just read it briefly as at the beginning it stated in the Case workers report that it had arrived late on 9 June and the evidence had been looked at. I just thought why are they telling me this again and put it with all my other PIP letters.
Last weekend I received my bank statement and realised there wasn't the 4 weeks payment of £222.60 but only £159.00. Call me stupid but I just thought it was a mistake and rang this Monday evening to ask why my payment was short.
A lovely Irish man read my notes and said he found it rather strange that one minute I'd got my reply with no change in the 1st MR letter and then said 'oh you've now been disallowed and you should have had a letter sent out on the 24th July'. He said the CW had asked the initial HA to look at something as he felt she had contradicted her findings. I explained that yes I did get a letter but thought it was just a duplicate. How foolish of me!
When I got home I got the letter out and read it properly and they had taken my 2 points off me afor dressing/undressing my lower half, because the HA has said that the musculoskeletal obs/findings show I have a functional grip in both hands. I said I drop things a lot and find fastening buttons, shoes difficult. The HP also said I was able to pick up my bag from the floor. \I had my handbag on my knee and purposely put the carrier bag with my meds and fold up walking stick handles up next to the chair so did not bend and the 4 boxes of meds were not heavy nor is the stick. This supposedly meant I have adequate grip, also because I say I drive and driving involves significant physical function in terms of grip! You don't say. And as advised at the Assessment I sit to get dressed, he decides I can dress unaided.. . . really?
I live alone, I'm 61, it now takes me twice as long to dress especially as soon as I get up, I throw my undies to the floor and poke my feet in and if I've time I used the tapes to pin on, provided to me when I had my left hip replaced in 2013. I can't put socks on without my sock aid or the help of my neighbour/friend next door or kind and decent work colleagues when I get to work and always use a long shoe horn to put my shoes on. All these to me are aids and assistance and were explained at the initial assessment.
Sorry I've ranted but I've been so upset today. Another CW from the DWP rang me today and she also said it was very odd but they can overturn it if further info comes to light, ie from the HP. She advised me to appeal but as it is 4 weeks today I will have to ask if they will accept it being late and give my reason why, I'm stunned they can mislead people like this, is this really how we should be treated?
I also mentioned that I had read they should contact me by telephone to state why my PIP was now disallowed and that I'd read somewhere that this was mandatory, but she told me they don't do that now as most people usually ring up when they get their letter of refusal or disallowance. Surely the rules haven't changed that quickly?
Anyway I've rung Age Concern someone is going to get back to me soon I hope to possibly help me with my appeal.
But if anyone could give me more advise as to what I should put in my appeal without waffling as I usually do, fllling pages, as you can see here :) I would be very grateful.
Many thanks
Loo
PS I have downloaded several updates but need to be more concise, thanks

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Pls help - MR refused, then all disalowed!!! 1 month 3 weeks ago #196023

Hi Linda and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

I am sorry that your PIP has been disallowed in this fashion :(

You have several options now -
you can take this to appeal
you can make a new claim immediately
you can make a new claim and appeal (but this does have inherent problems.

If you feel that you explained your problems in the best way possible but were still refused, then there is no reason why you should not appeal. The Tribunal Service are usually very good at allowing late appeals (although you will have ti explain why it is late).

If you now feel that, having looked at our guides, you did not present your claim in the best way possible, it might be better to reapply.

Of course, the decision is yours.

If you wish to appeal, you will need to download a copy of the SSCS1 form (there is a link in our PIP guide) and also send a copy of the MR decision letter. You do not have to give a lot of detail at this stage. We advise waiting until you get a copy of the DWP submission before writing your own (although you should certainly think about your own submission so that you are ready to go when the DWP bundle arrives), then you will be able to argue against the DWP statements.

Whatever you decide to do, don't forget that you will only be awarded PIP by showing exactly how/why you score points against the descriptors, nothing else will be taken into account.

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your PIP without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it helps us enormously - and I hope you will find it useful too :)
Nothing on this board constitutes legal advice - always consult a professional about

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

Pls help - MR refused, then all disalowed!!! 1 month 3 weeks ago #196249

Thanks for your advice. I have half completed the form and have spent the whole day reading through things.
I shall keep you posted.
Thanks once again.
L
The following user(s) said Thank You: Mrs Hurtyback

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