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Mandatory reconsideration question
8 years 1 month ago - 8 years 1 month ago #155567 by bro58
Hi N,
I will merge this topic with your previous PIP related query for continuity.
PIP Case Managers (Decision Makers) do sometimes refer back to The PIP Assessment Provider (AP) (Capita or ATOS) if they are unhappy with the quality and information included in the PIP PA4 Medical Report.
Capita may well get a different HP to re-look at the evidence and make amendments to the PA4.
Whether this will result in a positive outcome to your MR is an unknown !
Here is some PIP MR/Appeal generic advice :
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 or any other supporting evidence that you may be awaiting has not arrived.
You can make comment that you have requested this and will submit further evidence if applicable when you receive it.
Once you have The PA4, you can then pose any counter arguments to the PIP Assessors recommendations.
e.g. 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 also 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.
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.
Obviously if you have no current PIP Award, there is no risk involved.
See : PIP MR/Appeals Guidance.
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Once you have gone through The MR Process, if you are still unsuccessful, you have one month from the date of The MR Decision Notice Letter to appeal directly to The Tribunal Service. (TS)
You should do this using one copy of The MR Notice letter (keep the othercopy) and the : SSCS 1 Form (Download Link)
All this is explained in our PIP Appeals Guidance
See also : PIP Self Test
PIP Points Scoring System
&
PIP Claims Guide. (2nd Link down the page)
Current success rates for PIP MRs are pretty poor, but improve greatly on going forward to appeal.
See : This News Story
Of course, that does not mean that your MR will not be successful !
Hoping for a successful outcome to your MR and please keep us updated !
You should Bookmark/Favourite this page in your Internet Browser now.
That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.
See : This Topic also !
Thanks in anticipation of your future co-operation in keeping all your PIP related queries to this topic !
bro58
Replied by bro58 on topic Mandatory reconsideration question
Nysnanna wrote: I made a PIP claim for my son (I am his appointee) as he turned 16 and had previosuly been on DLA. He previously received high rate care and low rate mobility. The PIP decision was nothing at all for either. I immediately requested a mandatory reconsideration using your guides and sent in addition evidence and medical/school reports.
I recieved a telephone call today to inform me that it was being dealt with and had been sent back to Capita for advice?? I'm clearly unhappy about this as their previous advice appeared to ignore evidence from medical reports CAHMS tier 4 etc and only used school reports as evidence. School have sent me an email stating that the person that spoke to the health professional from Capita clearly stated that they did not work with my son and were not best placed to answer the questions, they also infomred the HP that they did not have cooking facilities and could not make comment on his ability to prepare a meal. However the HP stated that school claimed that he was able to prepare and cook a hot meal. I have included this email along with other further evidence.
Is it usual for DWP to go back to Capita for advice, what is the role of the decision makers if they are unable to make a decision without advice from Capita?
Maybe I am being paranoid but I cannot imagine Capita admitting that they made a wrong decision.
Are many claims successful at this stage or is it just a paper exercise?
Many thanks in advance.
Hi N,
I will merge this topic with your previous PIP related query for continuity.
PIP Case Managers (Decision Makers) do sometimes refer back to The PIP Assessment Provider (AP) (Capita or ATOS) if they are unhappy with the quality and information included in the PIP PA4 Medical Report.
Capita may well get a different HP to re-look at the evidence and make amendments to the PA4.
Whether this will result in a positive outcome to your MR is an unknown !
Here is some PIP MR/Appeal generic advice :
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 or any other supporting evidence that you may be awaiting has not arrived.
You can make comment that you have requested this and will submit further evidence if applicable when you receive it.
Once you have The PA4, you can then pose any counter arguments to the PIP Assessors recommendations.
e.g. 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 also 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.
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.
Obviously if you have no current PIP Award, there is no risk involved.
See : PIP MR/Appeals Guidance.
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Once you have gone through The MR Process, if you are still unsuccessful, you have one month from the date of The MR Decision Notice Letter to appeal directly to The Tribunal Service. (TS)
You should do this using one copy of The MR Notice letter (keep the othercopy) and the : SSCS 1 Form (Download Link)
All this is explained in our PIP Appeals Guidance
See also : PIP Self Test
PIP Points Scoring System
&
PIP Claims Guide. (2nd Link down the page)
Current success rates for PIP MRs are pretty poor, but improve greatly on going forward to appeal.
See : This News Story
Of course, that does not mean that your MR will not be successful !
Hoping for a successful outcome to your MR and please keep us updated !
You should Bookmark/Favourite this page in your Internet Browser now.
That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.
See : This Topic also !
Thanks in anticipation of your future co-operation in keeping all your PIP related queries to this topic !
bro58
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