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PIP Refusal Urgent ****

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9 years 2 days ago - 9 years 2 days ago #133659 by Andrew
PIP Refusal Urgent **** was created by Andrew
I have had to type this email as Andrew is too upset to do this at the moment because of the news about his PIP claim.

Andrew has have received a letter today which indicates that he is not entitled to Personal Independent Payment.

Andrew is in the Support Group of ESA because he suffers from chronic OCD and General Anxiety Disorder. He has been on DLA for quite a few years and takes lot of medication to help with the disorder. The form he completed was checked by Welfare Rights and was very in depth with lot of supporting evidence.

At the assessment with ATOS, I made notes of everything that was said and the reasons for refusal of the benefit are inconsistent with the notes that were made and are factually incorrect. Its almost like the reasons for refusal are referring to another person or they have not read anything on his application. Their report is factually incorrect and was not what was said and must have been mis- recorded.

I am aware that Andrew now needs to ask for a reconsideration which he will do in the morning. Since he has heard this news, he has had a panic attack and felt like his whole world has caved in on him and he has had to contact his therapist with suicidal thoughts. He will obviously need some further help from you because he is very upset. The thing that concerns me is that the lady at the assessment did not hold the meeting very professionally and didn't really explain things very well. If a reconsideration is to be made, it will be made, based on the information at the assessment and if the information was recorded incorrectly, then the same result will come back.

I am also sending a copy of this email to our great MP Andrew Gwynne because you and him were remarkable at helping Andrew with the ESA appeal.

I am panicking because he is very low and desperately needs as much help as possible.

Thanks so much.
Julie.
Last edit: 9 years 2 days ago by . Reason: tick

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9 years 2 days ago #133670 by Gordon
Replied by Gordon on topic PIP Refusal Urgent ****
Julie

Your primary concern must be Andrews health, there is no need to rush in regard to requesting a Mandatory Reconsideration, he/you have one month from the date of the Decision Letter to do so and longer if you can provide Good Cause for the delay.

One thing it would make sense to do tomorrow is to request a copy the assessment report, this will give a better understanding of how the Decision Maker came to their conclusions. You should be able to make the request over the phone, but follow it up with a written request.

As you have had access to Welfare Rights support, I would recommend that you approach them first in regard to this Decision, we are happy to do what we can on the forum to provide support but they will have sight of all the documentation and are in principle, better placed to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Andrew

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9 years 2 days ago - 9 years 2 days ago #133677 by Andrew
Replied by Andrew on topic PIP Refusal Urgent ****
Ok tomorrow, I will contact them to ask for the report. I have also written to our MP because he was great last time with the ESA. Can I ask, when we do go for the Mandatory Reconsideration will he still be paid whilst a decision is being made. How do things with the payments work.

Please can you also send me a link of all the information I need about Mandatory Reconsideration. I believe you have a guide of some kind.

Many Thanks
Last edit: 9 years 2 days ago by .

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9 years 2 days ago #133680 by
Replied by on topic PIP Refusal Urgent ****

Andrew wrote: Ok tomorrow, I will contact them to ask for the report. I have also written to our MP because he was great last time with the ESA. Can I ask, when we do go for the Mandatory Reconsideration will he still be paid whilst a decision is being made. How do things with the payments work.

Please can you also send me a link of all the information I need about Mandatory Reconsideration. I believe you have a guide of some kind.

Many Thanks


Hi J,

See the following :

PIP MR/Appeals Guidance.

Mandatory Reconsiderations Explained

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

&

Sending Documents to the DWP.

See also :

PIP Self Test

&

PIP Claims Guide. (2nd Link on page)

Good luck and please keep us updated ! :)

bro58

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9 years 2 days ago #133687 by
Replied by on topic PIP Refusal Urgent ****

bro58 wrote:

Andrew wrote: Ok tomorrow, I will contact them to ask for the report. I have also written to our MP because he was great last time with the ESA. Can I ask, when we do go for the Mandatory Reconsideration will he still be paid whilst a decision is being made. How do things with the payments work.

Please can you also send me a link of all the information I need about Mandatory Reconsideration. I believe you have a guide of some kind.

Many Thanks


Hi J,

See the following :

PIP MR/Appeals Guidance.

Mandatory Reconsiderations Explained

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

&

Sending Documents to the DWP.

See also :

PIP Self Test

&

PIP Claims Guide. (2nd Link on page)

Good luck and please keep us updated ! :)

bro58


Hi J,

His DLA payments will continue until 4 weeks after the date of the adverse PIP Decision.

DLA will then be finished as far as Andrew is concerned.

No PIP payments will be made unless the MR or any subsequent Appeal (if needed) are successful.

bro58

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9 years 1 day ago #133738 by elaine pyrke
Replied by elaine pyrke on topic PIP Refusal Urgent ****
(I think I accidentally pressed submit on a half finished post, sorry, and now it's disappeared and I don't know exactly how far I'd got...)

I was just trying to be encouraging by saying that, if you send for the assessor's report it should come in time to use info from it in your man recon request. But I'd recommend starting to draft the man recon straight away, without the report.

Wishing you well with it

Elaine

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