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PIP Mandatory appeal - how to proceed
- randal_bond
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5 years 8 months ago #216591 by randal_bond
PIP Mandatory appeal - how to proceed was created by randal_bond
Hi,
I received a decision on my PIP and am going for mandatory reconsideration.
1. Do I need a copy of medical report for it or should I write, based on the "reasons", given by a decision-maker. There he quotes my statements, then medical report and then gives his conclusions, all of which are basically opposite to my statements (I concluded that you can do that, that you don't need help with this, etc.). Do I base my letter on what the decision-maker said and argue why the opposite is true or do I argue the points of medical report by HP?
2. There's no e-mail, I can only call them. Do I need to follow it up with a letter as well? How long does it take to receive a report, considering that I have less than a month since the date of the decision (decision letter took 5 days to arrive).
3. Also, what is the difference between writing a mandatory reconsideration letter and letter for Tribunal Appeal? Isn't it the same and don't I give DWP more ammunition by revealing my arguments and pointing out contradictions in their results?
Thank you.
I received a decision on my PIP and am going for mandatory reconsideration.
1. Do I need a copy of medical report for it or should I write, based on the "reasons", given by a decision-maker. There he quotes my statements, then medical report and then gives his conclusions, all of which are basically opposite to my statements (I concluded that you can do that, that you don't need help with this, etc.). Do I base my letter on what the decision-maker said and argue why the opposite is true or do I argue the points of medical report by HP?
2. There's no e-mail, I can only call them. Do I need to follow it up with a letter as well? How long does it take to receive a report, considering that I have less than a month since the date of the decision (decision letter took 5 days to arrive).
3. Also, what is the difference between writing a mandatory reconsideration letter and letter for Tribunal Appeal? Isn't it the same and don't I give DWP more ammunition by revealing my arguments and pointing out contradictions in their results?
Thank you.
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- Gordon
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5 years 8 months ago #216615 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Mandatory appeal - how to proceed
R
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
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1. You do not specifically need the assessment report in order to request an MR, however, it will provide you with a more detailed understanding of how the Decision was made, which could be important.
I'm not saying that you should ignore the DMs comments or the assessment report but an award will only be made by you showing that you meet the criteria for one, so I would start by going back through your PIP2 and our PIP Claim guide to make sure that you have shown this to be the case.
If you do deal with the comments or report then stick to issues that are directly connected to your scoring points. Wherever possible show that the comments are incorrect by reference to your evidence
2. The DWP do not accept communication by email. If you want to wait for the report then you can make a Late request citing you waiting for the report as reason for the delay.
I recommend sending a letter requesting your MR rather than calling, we still hear about the DWP refusing to accept MR requests over the phone or placing addition conditions on the claimant.
3. AN MR is the first part in the appeal process, the Decision will be looked at again by the DWP, if the Decision is not revised then you can request an Appeal with Tribunal Service where an independent panel will look at your claim.
Have a look at our MR & Appeal guide in the PIP section, there is also a Submission document that has a template MR request that you can use.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
1. You do not specifically need the assessment report in order to request an MR, however, it will provide you with a more detailed understanding of how the Decision was made, which could be important.
I'm not saying that you should ignore the DMs comments or the assessment report but an award will only be made by you showing that you meet the criteria for one, so I would start by going back through your PIP2 and our PIP Claim guide to make sure that you have shown this to be the case.
If you do deal with the comments or report then stick to issues that are directly connected to your scoring points. Wherever possible show that the comments are incorrect by reference to your evidence
2. The DWP do not accept communication by email. If you want to wait for the report then you can make a Late request citing you waiting for the report as reason for the delay.
I recommend sending a letter requesting your MR rather than calling, we still hear about the DWP refusing to accept MR requests over the phone or placing addition conditions on the claimant.
3. AN MR is the first part in the appeal process, the Decision will be looked at again by the DWP, if the Decision is not revised then you can request an Appeal with Tribunal Service where an independent panel will look at your claim.
Have a look at our MR & Appeal guide in the PIP section, there is also a Submission document that has a template MR request that you can use.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- randal_bond
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5 years 8 months ago #216714 by randal_bond
Replied by randal_bond on topic PIP Mandatory appeal - how to proceed
Thank you , Gorgon. I am getting through all the information. But I am very foggy and get confused easily. Therefore, I need somebody to confirm that I understand things correctly.
If you please could confirm the following:
For MR I just write a short letter and give a general reason of my appeal in one-two sentences (HP didn't take into account the severity of my condition).
For Appeal I write in detail about
5a Descriptor you think is incorrect. 5b What you think the correct descriptor is 5c What error the HP or DM has made. etc., etc.
So, appeal letter can be quite long.
Secondly, if my carer fills in the form and the letter, who has to sign it - me or him? DWP already corresponds with him on my behalf.
Thirdly, we'll ask my GP to fill the form from this site (tick the boxes) about how my condition affects me. I am not sure if DWP will consider it important enough to reconsider their decision. Will it be better to still send with with MR or later for appeal with tribunal? Unfortunately, I have ME/CFS, and don't have any recent specialist reports or visits because NHS has nothing more to offer me and just let me be years ago.
Thanks again.
If you please could confirm the following:
For MR I just write a short letter and give a general reason of my appeal in one-two sentences (HP didn't take into account the severity of my condition).
For Appeal I write in detail about
5a Descriptor you think is incorrect. 5b What you think the correct descriptor is 5c What error the HP or DM has made. etc., etc.
So, appeal letter can be quite long.
Secondly, if my carer fills in the form and the letter, who has to sign it - me or him? DWP already corresponds with him on my behalf.
Thirdly, we'll ask my GP to fill the form from this site (tick the boxes) about how my condition affects me. I am not sure if DWP will consider it important enough to reconsider their decision. Will it be better to still send with with MR or later for appeal with tribunal? Unfortunately, I have ME/CFS, and don't have any recent specialist reports or visits because NHS has nothing more to offer me and just let me be years ago.
Thanks again.
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- Gordon
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5 years 8 months ago #216726 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Mandatory appeal - how to proceed
R
You need to make a decision about where you spend your energies.
You can provide a detailed response for the MR in the hope that you can get the Decision revised, whether this will happen will to a large extent depend on whether you can show fundamental problems with the assessment, this is more than just showing that it is inaccurate you need to show that the assessor has failed to take an important condition into account, for example.
Or you can take the view that the MR is unlikely to change the Decision and you want to get to the appeal as quickly as possible and send in a minimal request.
If you go to appeal then anything you have submitted for the MR will be included so you are not wasting your efforts.
Unless your carer is your DWP appointee then you need to sign the request.
Gordon
You need to make a decision about where you spend your energies.
You can provide a detailed response for the MR in the hope that you can get the Decision revised, whether this will happen will to a large extent depend on whether you can show fundamental problems with the assessment, this is more than just showing that it is inaccurate you need to show that the assessor has failed to take an important condition into account, for example.
Or you can take the view that the MR is unlikely to change the Decision and you want to get to the appeal as quickly as possible and send in a minimal request.
If you go to appeal then anything you have submitted for the MR will be included so you are not wasting your efforts.
Unless your carer is your DWP appointee then you need to sign the request.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- randal_bond
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5 years 8 months ago #216734 by randal_bond
Replied by randal_bond on topic PIP Mandatory appeal - how to proceed
Thank you very much and sorry for misspelling your name. I didn't notice it till now.
The following user(s) said Thank You: Gordon
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