ESA was stopped

I telephoned the PIP helpline to ask if my MR had been carried out as I have heard nothing from submitting my MR request over seven weeks ago. I know it was received as I used signed for post.

Anxious about which call centre helper I would get, I was very pleased to be answered by a lady called Tracey who said she would look at my claim. She began reading the most recent notes and said a letter had been sent to me recently telling me my claim was still unsuccessful.

On reading the letter she announced, 'this letter isn't right' its telling you if you disagree with the decision you have the right to ask for a Mandatory Reconsideration'.
She told me that was wrong as that was the Mandatory Reconsideration.

She informed me she was going to get a case manager to phone me.

A couple of hours later a case manager phoned to inform me that, yes the wrong type of letter had been sent out. Although the decision was still the same, I should have been sent a letter detailing my rights on appeal, with I believe the two copies in.

I asked if I had gained any extra points, which I have apparently, although still not enough.

I asked if the 'Cannot follow an unfamiliar journey' had changed but no, that still remained at the four point descriptor. Even though I deliberately drew their attention to the fact my Consultant Psychiatrist of over five years specifically wrote, "She would not be able to undertake an unfamiliar journey" etc.

So I await the arrival of firstly the wrong letter, followed hopefully soon by the correct letter.

I was very upset last night. As claimants we pour our limited energy resources into talking about our mental and physical problems that in my particular case are so desperately intimate, in excruciating detail. The very same problems we try to avoid ruminating about, in order to carry on every single day in life.

This is where I find this site so helpful. 'Ivy fox' posted last night and I would like to thank her for posting her PIP journey as it has helped me enormously.

I would be grateful if you could remind me of what I need to do, once the correct letter arrives.

Many thanks

Matey wrote: I telephoned the PIP helpline to ask if my MR had been carried out as I have heard nothing from submitting my MR request over seven weeks ago. I know it was received as I used signed for post.

Anxious about which call centre helper I would get, I was very pleased to be answered by a lady called Tracey who said she would look at my claim. She began reading the most recent notes and said a letter had been sent to me recently telling me my claim was still unsuccessful.

On reading the letter she announced, 'this letter isn't right' its telling you if you disagree with the decision you have the right to ask for a Mandatory Reconsideration'.
She told me that was wrong as that was the Mandatory Reconsideration.

She informed me she was going to get a case manager to phone me.

A couple of hours later a case manager phoned to inform me that, yes the wrong type of letter had been sent out. Although the decision was still the same, I should have been sent a letter detailing my rights on appeal, with I believe the two copies in.

I asked if I had gained any extra points, which I have apparently, although still not enough.

I asked if the 'Cannot follow an unfamiliar journey' had changed but no, that still remained at the four point descriptor. Even though I deliberately drew their attention to the fact my Consultant Psychiatrist of over five years specifically wrote, "She would not be able to undertake an unfamiliar journey" etc.

So I await the arrival of firstly the wrong letter, followed hopefully soon by the correct letter.

I was very upset last night. As claimants we pour our limited energy resources into talking about our mental and physical problems that in my particular case are so desperately intimate, in excruciating detail. The very same problems we try to avoid ruminating about, in order to carry on every single day in life.

This is where I find this site so helpful. 'Ivy fox' posted last night and I would like to thank her for posting her PIP journey as it has helped me enormously.

I would be grateful if you could remind me of what I need to do, once the correct letter arrives.

Many thanks

Hi M,

Sorry to hear that your MR did not succeed !!

However, as you may know, not many are at the moment but the success rate once you go on to appeal rises to 60% !

The evidence that you compiled for your MR will not be wasted as you can still use it for your appeal.

Here is some generic information that should help :

You have one month from the date of the PIP Decision Notice letter to make a written request for a Mandatory Reconsideration (MR) of the PIP decision.

Sending Documents to the DWP.

You could also ring the PIP Helpline :

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

To request a copy of The PA4 PIP Medical Report compiled by the PIP Assessor at your face to face and sent to The DWP PIP DM to be used when the DM came to their decision.

If you have any problems obtaining The PA4 with a verbal request, you can make a written request which should be done as a separate issue to any MR request :

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.

You should not miss your one month deadline if The PA4 has not arrived.

You can make comment that you have requested this and will submit further evidence if applicable when you receive it.

You can then pose any counter arguments to the PIP Assessors recommendations, for example if they are stating that you can carry out a particular PIP Activity, has it been taken into account that to be classed as being able to carry out a PIP Activity, you must be able to do so Reliably and Safely for The Majority of Days

If the Assessor has stated that they witnessed you Walking a set distance have they taken into account the above, the time it took you to do so, and any pain, discomfort and breathless, etc that you may have suffered whilst doing so ? etc, etc, etc !!

You should be aware that when you request an MR, any current PIP Awards, Daily Living and/or Mobility, that you might have, can be increased, reduced or taken away altogether, as they will look at the whole PIP Awards afresh.

A your MR did not succeed, you will have one month from the date of The MR Notice letter to submit one copy of The MR Notice to The Tribunals Service (TS) along with the : SSCS 1 Form (Download Link)

Obviously if you have no current PIP Award, there is no risk involved.

See : PIP MR/Appeals Guidance.

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

A your MR did not succeed, you will have one month from the date of The MR Notice letter to submit one copy of The MR Notice to The Tribunals Service (TS) along with the : SSCS 1 Form (Download Link)

All this is explained in our ESA MR/Appeals Guidance.

You should concentrate on reiterating where and why you should have scored the extra points with respect to the applicable PIP Activities and the appropriate scoring PIP Descriptor for that Activity, whilst cross-referencing to any medical evidence that you have, or may have already provided which indicates that you should have.

See also : PIP Self Test

PIP Points Scoring System

&

PIP Claims Guide. (2nd Link down the page)

You might want to Bookmark/Favourite this page in your Internet Browser so that you can return to your topic easily to pose any further queries that you may have.

bro58

Thank you for your reply Bro58.

I have begun downloading and printing the guides for appeals. I cannot concentrate for long, so I need the guides printed so that I can pick up and put down easily, taking the information in (I hope) in small chunks.

May I ask your opinion on the value of requesting my hospital medical records (which I imagine are vast).

I have either had or been assessed for every operation possible to help with my main disability, so there should be huge amounts of records detailing what has been done, why and how it failed.

Although my medical assessment did not seem to refute my disabilities, there was very limited information given for each descriptor. More the fact of not understanding to what degree I am affected.

I know my medical records apart from perhaps my psychiatric records will not detail how I am affected as regards to the criteria of PIP.

I am wary of the triggering affect, regarding my mental health, of having to wade through records of years of painful treatment, trying to find something that will help me prove my case.

I did submit a Consultant Psychiatrists letter, GP letter, Care-cordinator letter and psychiatric care plans, which were all very supportive.

Would yet more photocopies from my hospital records of past treatment really help me, if they don't actually address the very exacting PIP criteria?

Many thanks.

Matey wrote: Thank you for your reply Bro58.

I have begun downloading and printing the guides for appeals. I cannot concentrate for long, so I need the guides printed so that I can pick up and put down easily, taking the information in (I hope) in small chunks.

May I ask your opinion on the value of requesting my hospital medical records (which I imagine are vast).

I have either had or been assessed for every operation possible to help with my main disability, so there should be huge amounts of records detailing what has been done, why and how it failed.

Although my medical assessment did not seem to refute my disabilities, there was very limited information given for each descriptor. More the fact of not understanding to what degree I am affected.

I know my medical records apart from perhaps my psychiatric records will not detail how I am affected as regards to the criteria of PIP.

I am wary of the triggering affect, regarding my mental health, of having to wade through records of years of painful treatment, trying to find something that will help me prove my case.

I did submit a Consultant Psychiatrists letter, GP letter, Care-cordinator letter and psychiatric care plans, which were all very supportive.

Would yet more photocopies from my hospital records of past treatment really help me, if they don't actually address the very exacting PIP criteria?

Many thanks.

Hi M,

It is of course up to you !!

But if you do request them, don't simply send copies of everything !!

Only evidence/documentation that either confirms diagnosis of your medical conditions, and you don't need to duplicate this, and/or helps to show that the limitations that you suffer as a result of your medical conditions show that you fulfil the appropriate PIP DL an/or Mobility Activities/Descriptors would be helpful.

What you shouldn't do is simply send reams and reams of pages, the easier that you make it for The PIP Assessor and The DWP DM to pick out all relevant evidence the better !

You should approach providing your evidence something similar to :

Document/Page Number xx of xx confirms that I was diagnosed with xxxxxxxx (Medical Condition) on xx/xx/xxxx. Since that time these conditions have not improved (state if they have deteriorated) and I continue to be prescribed xxxxxx (medication) for the condition.

As a result of xxxxxxx (Med Condition) I suffer xxxxxxxxxxx (limitations) which can be confirmed at Document/Page xx of xx.

Due to these limitations I cannot carry out DL/ Mobility Actvity xx. for The Majority of Days, Reliably and Safely in a Timely Manner and therefore consider that I qualify for xx points due to fulfilling Descriptor xx of DL/ Mobility Actvity xx.

Explain "why" you cant carry out the Activity Reliably and Safely for The Majority of Days

Or wording to that effect !!

bro58

Hello

After my last post, the next day I was telephoned again, by a claim manager from the DWP.

He basically said the same as in my previous call, that they now posted the correct MR failed letter giving my appeal rights. He was understanding and seemed pleasant.

Although during this call I did manage to ask a couple of questions regarding where I had gained points and on which descriptors I still scored 0.

He did say they had asked for more advice from a HP but did not say whether it was the HP who carried out my assessment.

If it was a different HP who I have never met, will I get to see what this HP had advised the DWPin my tribunal appeal copies?

Or should I make a request now from the DWP to ask what this HP advised the DWP?

Many thanks.