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possible pip reconsideration and appeal

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6 years 8 months ago #195801 by davuck
Replied by davuck on topic possible pip reconsideration and appeal
Thanks Gordon,

Im asking for the assessment report in my reconsideration letter. Once I receive that I will then ask for more time to submit further evidence. I am resigned to a long fight so slow but sure is my game plan. In my reconsideration letter ive went through the points one by one and explained what evidence I said and provided contradicts the initial explanation. After feeling so low yesterday the fight continues.

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6 years 8 months ago #195823 by davuck
Replied by davuck on topic possible pip reconsideration and appeal
Just finishing my mandatory reconsideration request reading through the letter from DWP and on the 3 things it says I can do if I disagree.Before the mandatory reconsideration, it says I can ask for an explanation. Apologies if this sounds a stupid question it's my ocd making me double check but am I correct that I do not need to ask for an explanation? I can Just go straight ahead and ask for a reconsideration. The guides say its a reconsideration at this stage . Why does it say that I can ask for an explanation on their letter? I assume delaying tactics ?

Thanks in advance again , id be lost without your help

David

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6 years 8 months ago #195854 by Gordon
Replied by Gordon on topic possible pip reconsideration and appeal

davuck wrote: Just finishing my mandatory reconsideration request reading through the letter from DWP and on the 3 things it says I can do if I disagree.Before the mandatory reconsideration, it says I can ask for an explanation. Apologies if this sounds a stupid question it's my ocd making me double check but am I correct that I do not need to ask for an explanation? I can Just go straight ahead and ask for a reconsideration. The guides say its a reconsideration at this stage . Why does it say that I can ask for an explanation on their letter? I assume delaying tactics ?

Thanks in advance again , id be lost without your help

David


Yes you can ask for an MR without having to ask for an explanation. :)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 7 months ago #196253 by davuck
Replied by davuck on topic possible pip reconsideration and appeal
So anyway my assessment report arrived yesterday and I had only posted the mandatory reconsideration request 4 days earlier!

Reading through the report its not factually correct. For example it says that I reported no significant issues with certain descriptors ( about 5 or 6 descriptors ) either to the assessor or on my claim form .But I did , and having kept a copy of my claim form im thinking its a no brainer to disprove these statements by just refering the DWP to these comments and pionting out what I said on my claim form. There are other just plain stupid mistakes on the assessors report also and having read your guide to challenging the medical reports I think I could do that for appeal etc if it gets that far.

The thing is that I asked for the mandatory reconsideration before getting my medical report but now I want to add a couple of points as evidence to my mandatory reconsideration after my seeing the medical report in the hope that things get sorted sooner than later. Having looked at my reconsideration letter I haven't put in anything about sending more evidence when I get it , in the letter. Im aware that when challenging the medical report its better to pick only a couple of main points etc and that's what I intend to do if its possible to add to the evidence already provided so far in my mandatory reconsideration request ? any ideas on what to say so as they should accept this further evidence at this stage ?

Thanks David

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6 years 7 months ago - 6 years 7 months ago #196277 by slugsta
Replied by slugsta on topic possible pip reconsideration and appeal
You can certainly send in extra information and ask that the Decision Maker considers this along with the information you have already submitted. DWP might, or might not, accept it (depending on how far they have got with the MR) but you certainly have nothing to lose.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 7 months ago by slugsta.
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6 years 7 months ago #196686 by davuck
Replied by davuck on topic possible pip reconsideration and appeal
Well I received my mandatory reconsideration ,it took them 1 day to do it, letter received on 23rd, mandatory reconsideration posted on 24th, still no points. the mandatory reconsideration arrived here on the 2nd but I had posted more evidence dated 29th so that wasnt't mentioned but I posted it special delivery so I know they have received it.

Anyway as the appeal deadline is getting closer I figure send the best with my mandatory reconsideration request letter along with the extra evidence letter , both letters supply information where the reports by atos and summing up by the DWP are not factually correct. Ive sent my appeal of today.

What I was wondering was that there were a couple of things that I left out not sure if it was a good idea or not to include them 1/ was the complaint I made to atos on the day of medical sent by email so ive got a copy 2/ was whether or not to mention the mandatory reconsideration was not given proper attention as it only took one day ?

Do you think it might be a good idea to write to the tribunal say in a week or so pointing these things out ? Thats of course if its possible to send extra things to the tribunal once the appeal is lodged ?

Thanks as usual

David

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