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PIP - Poor advice - MH - First Refusal

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8 years 1 month ago #154735 by AlexS
hi everyone

Applied for PIP and mistakenly thought it would "strengthen" my application by going through the CAB. Once I got to my CAB meeting (huge issue, haven't left the village in 4 months) the CAB lady waved the first half of the booklet and said "this doesn't apply to you, this is only for people who are totally physically incapacitated - i.e., bed-bound with machines".

I knew she was wrong (because I'd looked up this site beforehand) - but such is the nature of my MH problems that I let her finish the form (badly), seal the envelope and post it.

So here I am 3 weeks later and I've just had a letter from the DWP to say it's failed.

I phoned DWP to ask them to send another form which I intended to do myself and he said I had two options:

1) phone the original helpline and get a new form PIP claim starting today
2) Send in new/more evidence to be re-assessed

So I'm asking you experts - what's my best option here? Starting all over again, or copying the questions from the DWP PIP form and re-submitting what will actually be pages of text?

Kind Regards

Alex

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8 years 1 month ago - 8 years 1 month ago #154737 by Gordon
Replied by Gordon on topic PIP - Poor advice - MH - First Refusal
Alex

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

It's a decision that only you can make!

A Mandatory Reconsideration and Appeal could take the best part of six months.

A new claim will probably only take 3-4 months.

If you challenge the current Decision then you are always going to have to explain away the baggage of the original claim form.

A new claim will have a clean slate.

A good place to start would be for you to go through the PIP Claim guide to make sure that you understand the legal definitions against which you were assessed and therefore what prospect you have for an award.

www.benefitsandwork.co.uk/help-for-claimants/pip

It will also give you a better understanding of the work you would need to undertake for each option.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by Gordon.
The following user(s) said Thank You: AlexS

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8 years 1 month ago #154742 by AlexS
Replied by AlexS on topic PIP - Poor advice - MH - First Refusal
hi Gordon

Thank you for the advice. I will phone tomorrow and get a new form sent out and whilst I'm waiting for that I can thoroughly digest all my new downloads. :)

Alex

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8 years 1 month ago #154902 by AlexS
Replied by AlexS on topic PIP - Poor advice - MH - First Refusal
hi Gordon

I updated the CAB about me being refused and pointed them in this direction and I got the following response:

"Hi, normal procedure if you are turned down for a benefit is to do a “mandatory reconsideration”, as they won’t look at a new form for the same benefit for 6 months. The time limit is one month from the date of the decision letter."

Can you shed any light on this? Is that true that they won't even look at my new claim? :( I've just had a look at your Appeals FAQ and can't see anything there about it.

Alex

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8 years 1 month ago #154910 by Gordon
Replied by Gordon on topic PIP - Poor advice - MH - First Refusal
Alex

From your post the advisor appears to be confusing the ESA rules with those for PIP, although they have got those wrong as well!

There is no time restriction on a claimant making a new claim for PIP, you can make one now as you were told when you contacted the DWP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 1 month ago #154930 by slugsta
Replied by slugsta on topic PIP - Poor advice - MH - First Refusal
Hi Alex,

If you have the energy, you might consider complaining to CAB in the hope that other people are spared such bad advice!

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

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