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Not Entitled to PIP - Reconsideration/Appeal
- Anne R
- Topic Author
8 years 11 months ago - 8 years 11 months ago #134895 by Anne R
Not Entitled to PIP - Reconsideration/Appeal was created by Anne R
My application for PIP was refused and I didn't agree with the comments from the Decision Maker - they weren't exactly as had been said in the assessment. I phoned immediately and asked for the full medical report to be sent to me and requested a reconsideration.
It took me quite a while (because of fatigue from the CFS) to compose the letter but at the end of the 28 days I finally put the request in writing along with all the reasons for why I disagreed with the decision in the initial letter, and sent it special delivery to arrive on the 28th day.
I received a letter dated that same day but not acknowledging the letter. It said they'd reconsidered, according to my telephone request, and still turned me down - with more explanation but still not exactly as the assessment had been. It seemed very distorted in their favour. There was no mention of the full medical report being sent to me.
So now I have another month to appeal. Should I chase up the medical report? And would I just include the letter I originally wrote re the reconsideration? What else should I do to help me avoid actually having to go to a tribunal?
Also, another issue for me that I'm confused about - when I fell ill in Dec 13 I was too ill to apply for benefits - I was looked after by friends. I did apply, with the help of the local ME/CFS charity who filled in the forms for me in summer of 2014, when I had a little more energy and could actually speak tho not fill in a form. But I intend to get better. I've put a lot into my recovery which is very slow but is happening. So of course I am not as I was all of last year. I am not as I was 2 months ago. But my assessment only happened a month back and whilst I still consider I fit the criteria, I am not experiencing the effects as much as initially.
How does recovery work in assessments when it took such a very long time since application to be assessed? Had I actually been assessed at the time of application I don't think there'd be any question (altho reading some posts here that might not be true) - but time has passed and I've recovered some.
Is there a way of wording this in the appeal or does one just have to remain as sick as possible?
Many thanks for any advice or shared experiences.
It took me quite a while (because of fatigue from the CFS) to compose the letter but at the end of the 28 days I finally put the request in writing along with all the reasons for why I disagreed with the decision in the initial letter, and sent it special delivery to arrive on the 28th day.
I received a letter dated that same day but not acknowledging the letter. It said they'd reconsidered, according to my telephone request, and still turned me down - with more explanation but still not exactly as the assessment had been. It seemed very distorted in their favour. There was no mention of the full medical report being sent to me.
So now I have another month to appeal. Should I chase up the medical report? And would I just include the letter I originally wrote re the reconsideration? What else should I do to help me avoid actually having to go to a tribunal?
Also, another issue for me that I'm confused about - when I fell ill in Dec 13 I was too ill to apply for benefits - I was looked after by friends. I did apply, with the help of the local ME/CFS charity who filled in the forms for me in summer of 2014, when I had a little more energy and could actually speak tho not fill in a form. But I intend to get better. I've put a lot into my recovery which is very slow but is happening. So of course I am not as I was all of last year. I am not as I was 2 months ago. But my assessment only happened a month back and whilst I still consider I fit the criteria, I am not experiencing the effects as much as initially.
How does recovery work in assessments when it took such a very long time since application to be assessed? Had I actually been assessed at the time of application I don't think there'd be any question (altho reading some posts here that might not be true) - but time has passed and I've recovered some.
Is there a way of wording this in the appeal or does one just have to remain as sick as possible?
Many thanks for any advice or shared experiences.
Last edit: 8 years 11 months ago by . Reason: tick.
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- Gordon
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8 years 11 months ago #134916 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Not Entitled to PIP - Reconsideration/Appeal
Anne
I'm sorry to hear that your PIP claim was refused, have you heard back about your ESA yet?
It appears that a Mandatory Reconsideration was done without you having time to submit further information, did you make a telephone request and if you did, did you tell them that you would be supplying more information?
You have two options if an MR has been completed, you can try and press the DWP for a second MR on the basis that they did not allow you time to prepare and submit additional information which they are required to do.
Or, assuming that you now have an MR Notice, you can proceed directly to appeal. Our PIP MR & Appeal guide has links to the form you will need to use and details of how to complete it. See
www.benefitsandwork.co.uk/help-for-claimants/pip
If you have not received the assessment report then you should chase the DWP and if you have not already done so, make a written request for it. Although your goal in both an MR and an Appeal is to show why you meet the criteria for PIP, you need to understand how the Decision Maker cam to their conclusions.
The Decision will be based on your limitations/health on the day that you were assessed, even if you can show that your health was worse in the past, it is unlikely that this will be considered by either the DWP or an Appeal panel looking at your claim again. The good news is that any improvement since then will also be excluded from their considerations.
Gordon
I'm sorry to hear that your PIP claim was refused, have you heard back about your ESA yet?
It appears that a Mandatory Reconsideration was done without you having time to submit further information, did you make a telephone request and if you did, did you tell them that you would be supplying more information?
You have two options if an MR has been completed, you can try and press the DWP for a second MR on the basis that they did not allow you time to prepare and submit additional information which they are required to do.
Or, assuming that you now have an MR Notice, you can proceed directly to appeal. Our PIP MR & Appeal guide has links to the form you will need to use and details of how to complete it. See
www.benefitsandwork.co.uk/help-for-claimants/pip
If you have not received the assessment report then you should chase the DWP and if you have not already done so, make a written request for it. Although your goal in both an MR and an Appeal is to show why you meet the criteria for PIP, you need to understand how the Decision Maker cam to their conclusions.
The Decision will be based on your limitations/health on the day that you were assessed, even if you can show that your health was worse in the past, it is unlikely that this will be considered by either the DWP or an Appeal panel looking at your claim again. The good news is that any improvement since then will also be excluded from their considerations.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Anne R
- Topic Author
8 years 11 months ago #135028 by Anne R
Replied by Anne R on topic Not Entitled to PIP - Reconsideration/Appeal
Gordon
I phoned PIP and was told that the reconsideration letter came out on the day that they received my written letter explaining why I wanted to be reconsidered.
I also told them I still hadn't received the full medical assessment and so she's emaiing them to reconsider again with the information provided and also chasing up the report for me.
In today's good news - I phoned re my ESA assessment as I still hadn't heard and was told I'd been placed in the Support Group for 18 months and was due £1790 arrears as my application had been from April or July last year - can't remember, but I was not expecting any sort of arrears at all and was doubtful whether I'd be placed in the support group at all after the PIP refusal.
I know the ESA contributions based, for the first year, ignores savings. Am I right in thinking that this is the same when you're in the Support Group - assuming it's still contributory ESA (which I think it is). This is what I'd read but I want to make absolutely sure.
Many thanks for encouraging me to chase it up!
I phoned PIP and was told that the reconsideration letter came out on the day that they received my written letter explaining why I wanted to be reconsidered.
I also told them I still hadn't received the full medical assessment and so she's emaiing them to reconsider again with the information provided and also chasing up the report for me.
In today's good news - I phoned re my ESA assessment as I still hadn't heard and was told I'd been placed in the Support Group for 18 months and was due £1790 arrears as my application had been from April or July last year - can't remember, but I was not expecting any sort of arrears at all and was doubtful whether I'd be placed in the support group at all after the PIP refusal.
I know the ESA contributions based, for the first year, ignores savings. Am I right in thinking that this is the same when you're in the Support Group - assuming it's still contributory ESA (which I think it is). This is what I'd read but I want to make absolutely sure.
Many thanks for encouraging me to chase it up!
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- ken
8 years 10 months ago #135264 by ken
Replied by ken on topic Not Entitled to PIP - Reconsideration/Appeal
Make sure you chase up that medical report.
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