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PIP Mandatory Reconsideration - Refused before time period expired
- Salamander
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1 year 9 months ago #279092 by Salamander
PIP Mandatory Reconsideration - Refused before time period expired was created by Salamander
I hope one of the mods can help me with this query.
My PIP Award Review decision took 10 days to arrive with me, and February is a short month. I realised with horror as I came to draft my letter asking for an MR that I was a day late already. The following day I called the PIP Enquiry Line and asked if I could please have a late MR. I noted the name of the DWP employee, date and call time. She took notes and said I could have a month from "today's date" (17 March) to get my extra evidence in to them.
I wrote to them on 13/4 and posted it on 14/4 special delivery (even though I had a migraine). I haven't checked whether they signed for it on Saturday or Monday yet, but Monday is 17/4, so for me that's a month and I should be within time.
However, today I received a letter from DWP dated 11 April saying they're turning me down at MR, bearing in mind "the information provided by the heath professional consultation report" and "the extra information you gave us".
Obviously, they can't have the extra information I sent them a few days before I sent it! And there was no health professional involved in putting together a report or an assessment, although I had told them that my mobility issues have become worse. I got 4 points for physical mobility last time, and 0 points for agoraphobia (for which I am having CBT at present, hence the extra letters I wanted to send off to the DWP). I also measured, using Google maps, the distance I could walk safely, repeatedly and reliably (with a crutch) and it's 25 metres. I can walk further than this but not repeatedly and not without a rest, and not without a crutch these days.
I've had the B&W training and I watched it again before completing my award review documentation because they had given me 4 points for mobility and 0 points for agoraphobia last time (although I had sent a letter about CBT then as well).
The "My decision" part of the letter sent by the person who did the MR goes into all sorts of things I didn't mention like doing laundry and housework. It's like a list of red herrings. I didn't mention them because I know they're not covered by PIP law.
I still remember going to tribunal to get the benefit in the first place, before I even had mobility issues and when my agoraphobia was much better than it is now (it's always been intermittent). I know I should qualify for mobility now. Leaving the house at all is terribly difficult, even for medical appointments, but when there are not friends and family to help, you have to get on and do it as often as you possibly can or you would have no life at all. I just don't know if I have got the strength to fight it all the way again.
Please could any moderator reading this who has anything to suggest that I might move forward with, please post? I'd be so grateful.
My PIP Award Review decision took 10 days to arrive with me, and February is a short month. I realised with horror as I came to draft my letter asking for an MR that I was a day late already. The following day I called the PIP Enquiry Line and asked if I could please have a late MR. I noted the name of the DWP employee, date and call time. She took notes and said I could have a month from "today's date" (17 March) to get my extra evidence in to them.
I wrote to them on 13/4 and posted it on 14/4 special delivery (even though I had a migraine). I haven't checked whether they signed for it on Saturday or Monday yet, but Monday is 17/4, so for me that's a month and I should be within time.
However, today I received a letter from DWP dated 11 April saying they're turning me down at MR, bearing in mind "the information provided by the heath professional consultation report" and "the extra information you gave us".
Obviously, they can't have the extra information I sent them a few days before I sent it! And there was no health professional involved in putting together a report or an assessment, although I had told them that my mobility issues have become worse. I got 4 points for physical mobility last time, and 0 points for agoraphobia (for which I am having CBT at present, hence the extra letters I wanted to send off to the DWP). I also measured, using Google maps, the distance I could walk safely, repeatedly and reliably (with a crutch) and it's 25 metres. I can walk further than this but not repeatedly and not without a rest, and not without a crutch these days.
I've had the B&W training and I watched it again before completing my award review documentation because they had given me 4 points for mobility and 0 points for agoraphobia last time (although I had sent a letter about CBT then as well).
The "My decision" part of the letter sent by the person who did the MR goes into all sorts of things I didn't mention like doing laundry and housework. It's like a list of red herrings. I didn't mention them because I know they're not covered by PIP law.
I still remember going to tribunal to get the benefit in the first place, before I even had mobility issues and when my agoraphobia was much better than it is now (it's always been intermittent). I know I should qualify for mobility now. Leaving the house at all is terribly difficult, even for medical appointments, but when there are not friends and family to help, you have to get on and do it as often as you possibly can or you would have no life at all. I just don't know if I have got the strength to fight it all the way again.
Please could any moderator reading this who has anything to suggest that I might move forward with, please post? I'd be so grateful.
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- Gordon
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1 year 9 months ago #279110 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Mandatory Reconsideration - Refused before time period expired
Salamander
It is worth contacting the DWP and pointing out that the MR Decision was made before you had an opportunity to provide additional information, a date you should remind them that they gave you.
If you are lucky then a DM may look at the MR Decision and perhaps revise it in your favour, it does happen and you have good cause to request a second look.
I would also start the appeal process once you have the MR notice, include the information you sent the DWP as part of the request with a note saying that the MR was decided before the information would have been received, you never know the DWP may offer to revise the Decision before it gets to a hearing.
Otherwise, I am afraid it will be wait for the appeal to be heard.
Gordon
It is worth contacting the DWP and pointing out that the MR Decision was made before you had an opportunity to provide additional information, a date you should remind them that they gave you.
If you are lucky then a DM may look at the MR Decision and perhaps revise it in your favour, it does happen and you have good cause to request a second look.
I would also start the appeal process once you have the MR notice, include the information you sent the DWP as part of the request with a note saying that the MR was decided before the information would have been received, you never know the DWP may offer to revise the Decision before it gets to a hearing.
Otherwise, I am afraid it will be wait for the appeal to be heard.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Salamander
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1 year 9 months ago #279127 by Salamander
Replied by Salamander on topic PIP Mandatory Reconsideration - Refused before time period expired
Thank you so much, Gordon. I remember with gratitude how helpful you were to me when I had to go to appeal unaccompanied for my initial award of PIP, before my mobility issues became so much worse.
I've taken your advice and called the DWP PIP Enquiry Line this afternoon. The worker I spoke to first referred me to a case manager (who told me he doesn't work on MRs, but appeals). He said they would look at it again, bearing in mind my extra evidence, and probably get back to me (don't quote him on this) within 4 weeks.
Do you think I should send them another letter by special delivery confirming the details of the phone conversation? He advised me not to bother with it, but I am a bit concerned about the deadline of 11 May (a month from their decision letter dated 11 April) for my getting in an appeal.
Or should I put in an appeal anyway? If they turn it over, I wonder if I might shoot myself in the foot if I put in an appeal anyway.
I'd appreciate your perspective on this. And thank you again. At least there is still a little hope at this point that I might not have to go to appeal.
I've taken your advice and called the DWP PIP Enquiry Line this afternoon. The worker I spoke to first referred me to a case manager (who told me he doesn't work on MRs, but appeals). He said they would look at it again, bearing in mind my extra evidence, and probably get back to me (don't quote him on this) within 4 weeks.
Do you think I should send them another letter by special delivery confirming the details of the phone conversation? He advised me not to bother with it, but I am a bit concerned about the deadline of 11 May (a month from their decision letter dated 11 April) for my getting in an appeal.
Or should I put in an appeal anyway? If they turn it over, I wonder if I might shoot myself in the foot if I put in an appeal anyway.
I'd appreciate your perspective on this. And thank you again. At least there is still a little hope at this point that I might not have to go to appeal.
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- Gary
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1 year 9 months ago #279138 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP Mandatory Reconsideration - Refused before time period expired
Hi Salamander
I would do both, send in a letter confirming the phone call by recorded delivery and the online appeal due to time limits.
As Gordon has stated 'you never know the DWP may offer to revise the Decision before it gets to a hearing', this has happen to me on several occasions.
Gary
I would do both, send in a letter confirming the phone call by recorded delivery and the online appeal due to time limits.
As Gordon has stated 'you never know the DWP may offer to revise the Decision before it gets to a hearing', this has happen to me on several occasions.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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