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PIP Mandatory Reconsideration APPEAL IGNORED

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7 years 11 months ago #157474 by cazzyclay
Replied by cazzyclay on topic PIP Mandatory Reconsideration APPEAL IGNORED
ok understood.
finally i keep reading about how you should keep MR's brief and to the point. I am confused whether to give as much information as possible to back my original "how your disability affects you" form and detail why i qualify for what points, plus my breakdown of how uncomprehensive the medical was/arguements against the decision makers reasoning.
I would be doing all this to try and avoid it going to appeal/mean i had already done my prep if it were to go to appeal with this MR now. However, If i bring up examples that are more comprehensive on my ailments, or points i should of said yes to in retrospect that i said no on my original review form, but give my reasoning why (a footnote i did write on the extra information box on the form - ie how concentration and memory is a side effect of my condition) Then could it open a can of worms that means the reconsidering officer may feel there is too much fresh information and it has to go to appeal to be sifted through? - hope that makes sense

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7 years 11 months ago #157488 by Gordon
cazzyclay

There's no right or wrong amount of information to supply, either at the MR of an appeal and the DM certainly won't bounce it to an appeal because there is too much!

You will already have content in your PIP2, what you are trying to do is to bridge the gap between what you have already submitted and what is needed show that you meet the criteria.

It could be that you have misunderstood the criteria or failed to show that you meet all of the elements, maybe the DM has not looked at the evidence you provided in sufficient depth, perhaps assumptions have been made that are not supported by the facts.

Dealing with this may require a simple sentence or several paragraphs, just stick to dealing with the issues that will score you points.

Gordon

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

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7 years 10 months ago #160336 by cazzyclay
Replied by cazzyclay on topic PIP Mandatory Reconsideration APPEAL IGNORED
Hi i had a medical in March and my PIP was reduced from around 12 points to 0 - i was given all the info to appeal a MR and spent the full month til the deadline working hard to gather all the info i needed for an appeal and sent all this info in on time and they confirmed receipt a day before the deadline on 18 May. I have since been waiting for their decision but was told could take until July, but on Friday 3 June I got 2 copies of a duplicate letter stating my MR had been unsuccessful but it only quoted reasoning of logging my call to them on 21 April requesting a MR and it was a reply by the same Decision Maker - which is not supposed to happen. There was no mention of my further evidence or lengthy appeal letter. I called PIP and they logged all this and initially said would get that DM to call me in the next 5 days to discuss their reasoning but I made clear that was not the point and I said my reasons and am now waiting for another DM to call me back.
Although I know they have made an error convincing them of this doesnt bode well and I dont want to go to appeal when this whole step and all my work has been skipped over.
Any advice appreciated?

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7 years 10 months ago - 7 years 10 months ago #160387 by slugsta
Replied by slugsta on topic PIP Mandatory Reconsideration APPEAL IGNORED
HI Cazzyclay,

I have merged your query with the previous topic relating top your PIP claim and MR. It helps us enormously when everything relating to the same claim is kept in one place - and I hope you will find it useful too. You might want to bookmark/favourite this on your web browser now so that you can find it easily in future :)

I am getting a little confused as you seem to be using the terms 'appeal' and 'MR' interchangeably but I think I have understood your situation.

It is not uncommon for the DWP to rush the MR process and return a result before the claimant has had time to send in their arguments. Sometimes they can be persuaded to carry out another MR once your information has arrived.

Although not impossible, it is quite uncommon for the DM to do anything other than 'rubber stamp' the original decision. It is up to you to decide whether to try and push for a further MR or whether you would rather go straight to appeal - you will be able to do this as the required form should have been included with the second decision notice.

The Tribunal Service are totally independent of DWP so you might feel that you stand a better chance with them!

Our PIP guide should help you through the process whatever you decide. If/when you have further questions, please reply to this message and we will do our best to help.

PIP help for claimants

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 10 months ago by slugsta.

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7 years 10 months ago #160407 by cazzyclay
Replied by cazzyclay on topic PIP Mandatory Reconsideration APPEAL IGNORED
thanks for your response,
it was a MR but i prepared for it as if it were an appeal so i wouldnt have to do it twice - however i submitted all that info and I believe put up a convincing arguement against all the points made against me - it was so time consuming and emotionally draining to do i really hoped it would avoid my having to go to appeal, but at this point I am arguing that they haven't even mentioned my MR written submission in the rejection letter, and i thought part of the process of putting it in writing was for it to be reviewed by a different DM?
they did receive my information on time and they have confirmed this twice on the phone now, so it is on my notes.
i have had 2 missed calls today a minute apart when i couldnt get to my phone - i hope this doesnt quantify as 2 of my 3 call efforts they said to expect, plus they said they should text to say when they will be calling again and they havent
i know if i call them they cant put me through to that department
The following user(s) said Thank You: Gordon

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7 years 10 months ago #160409 by cazzyclay
Replied by cazzyclay on topic PIP Mandatory Reconsideration APPEAL IGNORED
also i dont want to go to an appeal in person - i feel everything i could say i said in writing and i convey myself better in writing as i can take my time and not get flustered, so it would be a paper appeal which is advised against

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