Mandatory reconsideration

Dillydally wrote: How do I get a copy if the assessment it was face to face in my home

Hi Dd,

You should be able to obtain a copy of the PA4 PIP Medical Report compiled by the Assessor at your face to face by phoning the PIP Helpline :

Telephone: 0345 850 3322
Textphone: 0345 601 6677
Monday to Friday, 8am to 6pm

You can back this up with a written request, where you can also request all documentation used in coming to the decision.

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your PIP.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP.

bro58

Thank you ill do that now do you have any advice on my previous 'long' query ?

Dillydally wrote: I asked for a reconsideration of my PIP award because my condition had deteriorated, Atos visited me at home agreed that I had deteriorated since my last assessment and wrote to me 6 weeks later to say the rate would stay as standard but the term had been extended, I asked for a mandatory reconsideration because a few points had been totally overlooked that were discussed during the assessment, 16 weeks later I'd heard nothing so phoned the DWP and was told that my call had been logged but the task which was the points I had raised had been overlooked and my request was just logged as a call they apologised perfusely and said it would be logged as a complaint and made a priority, I would have a decision in 3 days, do weeks later after telephoning everyday I logged a second complaint, this time a manager called me within 24 hours apologised again and said the same thing had happened she assured me that I would have a decision by the end of the week this was Monday and I could telephone on Friday for the decision, I called and the decision was exactly the same as it was before so I'm left thinking nothing was done with it and it was just passed from one desk to another and just left because this had gone on so long and by their own admission the DWP had messed up more than once on this.
My questions are if I can see them, how do I see a copy of the first assessment notes, again if I am allowed to see them how do I see the mandatory reconsideration notes
I plan to take this to a tribunal and need advice as to whether I should ask for a decision based on my paperwork or whether I should attend the tribunal hearing, I hope you can help I feel at my wits end sorry this is so long but I wanted to give you as much background as possible

Hi Dd,

I have merged this query with your other topic on the same subject.

Please do not post in different topics regarding the same subject.

You cannot lodge an appeal directly with The Tribunal Service (TS) until you have received a written MR Notice letter.

Once you have this, you have one month from the date of the MR Notice to lodge your appeal with the TS.

The process is covered in our PIP MR/Appeals Guidance on : This Page.

See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

See my other response : Here regarding requesting copy of your documents.

Once The TS have accepted your appeal, you should receive an Evidence Pack/Bundle including the DWP's reasoning for making the decision.

Attending the Tribunal Hearing if you can do so, will enhance your chances of success, as the success rate for Paper Hearings is considerably less than that of Oral Hearings.

bro58

Dillydally wrote: Thank you ill do that now do you have any advice on my previous 'long' query ?

Hi Dd,

See my other post above Here. !

bro58