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PIP at 64 5 years 7 months ago #137083

  • Green
Well I telephoned the DWP this morning to advise them that I felt they had carried out the MR without giving me time to respond to the assessors report. At first I was told "so what, it goes to tribunal". I said, "Okay but won't there be a lot of egg on the face of DWP when the tribunal hears of their over-eagerness to pass judgement without allowing time to put evidence forward".

They back-tracked and said, "Well, a Case Manager will call you within 5 work days to discuss".

Should I still continue to fill in the appeal form and if so will it mean that I have to count the Case Managers '5 day telephone call' as part of the 4 weeks to respond or is that in addition to the 4 weeks?

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Last edit: by bro58.

PIP at 64 5 years 7 months ago #137090

  • bro58

Green wrote: Well I telephoned the DWP this morning to advise them that I felt they had carried out the MR without giving me time to respond to the assessors report. At first I was told "so what, it goes to tribunal". I said, "Okay but won't there be a lot of egg on the face of DWP when the tribunal hears of their over-eagerness to pass judgement without allowing time to put evidence forward".

They back-tracked and said, "Well, a Case Manager will call you within 5 work days to discuss".

Should I still continue to fill in the appeal form and if so will it mean that I have to count the Case Managers '5 day telephone call' as part of the 4 weeks to respond or is that in addition to the 4 weeks?


Hi G,

To protect your right to appeal, I would still make begin steps to ensure that your appeal is lodged directly with The Tribunals Service by the one month deadline from the date of your MR Notice letter, using : The SSCS 1 Form and one of your MR Notices.

If the Case Manager does ring you, which is by no means a definite, and agrees to positively amend the adverse decision, and you agree to accept this, your appeal would lapse anyway.

If they don't ring, and you haven't made a start on your appeal, that is another 5 days wasted.

The PIP Appeals process is described from page 11 of our : "Guide to PIP appeals" on : This Page.

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

bro58

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Last edit: by bro58.

PIP at 64 5 years 7 months ago #137446

  • Green
Hello

A DWP case Manager did call me back. And admitted that they had disadvantaged me... She advised that the application would be reviewed by another decision maker (3 in total) BUT to continue to prepare the tribunal papers within 4 weeks from the 24 June 2015.

Marvelous.

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PIP at 64 5 years 7 months ago #137513

  • Green
I've just read a blog post from someone going through the MR process:

...She had spoken to a case manager and the further information I sent had been sent back to Atos to be reviewed and for them to make any amendments they see fit to the report and their recommendations. Gobsmacked. I was not told this could be part of the process. I was led to believe a decision would be made on the basis of the new information supplied alongside the report. I suppose the contrast between the information from an actual experienced professional and Atos was just too great...

Can anyone confirm this to be the case? I was phoned by a Case manager last week to be told they would reconsider my MR for the second time as in their words, I had been 'disadvantaged'. So now I am wondering if my response to the assessors report has gone back to Atos for comment and if so will it get back to DWP before the 4 week appeal time frame?

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PIP at 64 5 years 7 months ago #137524

Green

I can't comment on the post you have quoted from as you have not provided a link to it.

The DWP have no in-house medical support so if they need an opinion on the medical information that a claimant has sent in then they have to send it to the Assessment Provider for comment.

The normal one month for an appeal to be lodged is from the date of the MR letter, however, you can lodge and appeal up to 13 months after the date of the original Decision providing you provide Good Cause why it is late, the DWP doing a second MR should be accepted as Good Cause.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP at 64 5 years 7 months ago #137533

Green, why not post the link, its unclear if PIP or ESA
And does further evidence relate to New evidence

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