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PIP Appeal Blocked - Please Help
- Sheadas
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6 years 7 months ago #196793 by Sheadas
PIP Appeal Blocked - Please Help was created by Sheadas
I have just finished reading the update on the DWP blocking appeals and refusing to accept out of time requests. I tried to help my ex-partner to request a mandatory reconsideration out of time and appeal. I sent the reconsideration request 3 times. I did not receive any reply from DWP. I then called them some time later to find out what was happening. I was told the reconsideration request was not looked at as it was out of time. This meant a reconsideration notice was not sent, making it impossible for us to appeal. Having now read the judgment, I was hoping someone could tell me how we could appeal without the notice DWP refused to issue. We are currently trying to apply again and waiting for an assessment. I would however prefer to continue with the original claim to appeal.
The below are the first paragraphs of the mandatory reconsideration letter DWP refused to acknowledge.
"I am writing with and on behalf of *** as due to her mental health she is unable to write for herself. Please accept this letter to request an extension of time for a mandatory reconsideration and mandatory reconsideration of her PIP decision.
The reasons for the delayed request are because Chelsea is unable to request this herself and I was unaware of the situation. I have been advised you can process a mandatory reconsider within 1 year of the decision. The reconsideration is requested as, after reading and reviewing the Atos report, it is clear the full situation has not been taken into consideration and the report also contains multiple inaccurate, misleading and incorrect statements."
I am so angry & really hope there is something we can do now this judgment has been given.
Thank you
Steph
The below are the first paragraphs of the mandatory reconsideration letter DWP refused to acknowledge.
"I am writing with and on behalf of *** as due to her mental health she is unable to write for herself. Please accept this letter to request an extension of time for a mandatory reconsideration and mandatory reconsideration of her PIP decision.
The reasons for the delayed request are because Chelsea is unable to request this herself and I was unaware of the situation. I have been advised you can process a mandatory reconsider within 1 year of the decision. The reconsideration is requested as, after reading and reviewing the Atos report, it is clear the full situation has not been taken into consideration and the report also contains multiple inaccurate, misleading and incorrect statements."
I am so angry & really hope there is something we can do now this judgment has been given.
Thank you
Steph
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- Gordon
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6 years 7 months ago #196819 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal Blocked - Please Help
Steph
This is a very new situation and the procedures needed have not been specified, but I would start by completing an SSCS1 appeal request form, mark it as Late so you will need to explain the delay, the DWP refusal to carry out an MR should be sufficient and also include a letter explaining what happened with the MR requests, you should include a specific reference to UTT Decision CE/766/2016 which is the Decision that ruled that the DWP's MR refusal is illegal. Although this is a ESA Decision it should apply to all benefits where an MR is required.
If you have problems with the appeal request being accepted then I would recommend that you get face to face advice as you will need someone who is able to communicate directly with the TS on your behalf.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Gordon
This is a very new situation and the procedures needed have not been specified, but I would start by completing an SSCS1 appeal request form, mark it as Late so you will need to explain the delay, the DWP refusal to carry out an MR should be sufficient and also include a letter explaining what happened with the MR requests, you should include a specific reference to UTT Decision CE/766/2016 which is the Decision that ruled that the DWP's MR refusal is illegal. Although this is a ESA Decision it should apply to all benefits where an MR is required.
If you have problems with the appeal request being accepted then I would recommend that you get face to face advice as you will need someone who is able to communicate directly with the TS on your behalf.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
6 years 7 months ago #196835 by bro58
Replied by bro58 on topic PIP Appeal Blocked - Please Help
Hi,
Here is the download link to the relevant UTT ruling cited by Gordon :
CE/766/2016
Here is the latest guidance for DWP Decision Makers on how the should apply the above ruling with respect to late MR requests :
Memo ADM 21/17
bro58
Here is the download link to the relevant UTT ruling cited by Gordon :
CE/766/2016
Here is the latest guidance for DWP Decision Makers on how the should apply the above ruling with respect to late MR requests :
Memo ADM 21/17
bro58
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