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PIP Decision Letter

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5 years 1 month ago #226561 by CAP
Replied by CAP on topic PIP Decision Letter
Hi Gordon,
I rang the DWP today to try & get a straight answer as to how long extra i'm allowed to submit my mandatory reconsideration & I couldn't get any sense out of them at all. I've only recently received the assessment report despite the month deadline for submitting the mand recon approaching fast.Technically it should be 22nd of this month and I wanted confirmation of how long extra i'll be allowed ,but all they said is that my claim is still active so i'll be fine & just say that I received the assessment report late. Do you think this is acceptable if they can't give me a definative deadline? Just to clarify ,I have been awarded PIP just on the lower rate on both counts. Another thing which I've only just read on the assessment report is - List of evidence considered alongside the consultation findings; GP letter dated 23/10/2017 & couldn't figure out what it was ,but after some digging about i've realised that it's about an MRI result from my GP which is just telling me that it shows some disc problems.I only included this with my pip claim as I just wanted to show a paper trail of my medical conditions since being referred to different specialists.So lots of other more relevant specialist reports were included which were in relation to my main medical condition which is CRPS which don't even get mentioned where as I didn't even have CRPS back in 2017 & the only other thing on the list of evidence considered is a prescription from 26/11/2018. Shouldn't it specify everything that I'd submitted in relation to supporting documentation? I submitted reports from various pain specialists from different hospitals which go into great detail about the CRPS.So why isn't this included in the list of evidence that's considered?
I've got 30 pages to go through with a fine tooth comb which I'm pretty sure I'll be able to rip to pieces.In one respect I guess I should be glad that I was lucky to get an award at all when reading other peoples accounts of what they've gone through,but on the other hand I think I might have a fighting chance of getting more points if it appears obvious that all of the medical evidence hasn't even been considered?
Sorry to go on & on ,but after being on hold for ages listening to that bloody music & then not getting a straight answer to my question that i'm asking them has just left me feeling rather frustrated.
Thanks
CAP

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5 years 1 month ago - 5 years 1 month ago #226576 by Gordon
Replied by Gordon on topic PIP Decision Letter
CAP

You have on one calendar month from the date of the Decision for the DWP to receive your request for an MR. You can make a Late request for an MR up to 13 months after the date of the Decision but you will need to provide Good Cause for your request being late, having to wait for the assessment report should be accepted as this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 1 month ago by Gordon.
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5 years 1 month ago #226579 by CAP
Replied by CAP on topic PIP Decision Letter
Hi Gordon,
Thanks for your reply. What's your thoughts on what appears to be the lack of use of the medical reports that I originally provided?
Thanks
CAP

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5 years 1 month ago #226587 by Gordon
Replied by Gordon on topic PIP Decision Letter
CAP

My guess is that you had an assessor who only has an MH background and they did not know what to make of the reports but you will have to show that this is the case by referencing the report, based on your comments to date, that should be easy.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 1 month ago #226894 by CAP
Replied by CAP on topic PIP Decision Letter
Hi Gordon,
I'm slowly ploughing through my PIP MR & would appreciate your opinion as to what is my best plan of attack,so to speak. Should I pick fault with the actual typed up decision ,where I can certainly disagree with what's been put or should I work my way through each activity and say why I think I should have scored more points? The decision maker and the assessor may as well have been the same person as there's no difference at all between the 2, but am I right in thinking that it is the decision maker that I have to disagree with & not the assessor?
It's stressed me out so much dealing with my ESA50 form,which is the waiting game now being as I sent it in late & my IIDB MR that I've already decided that i'm just not upto going to appeal for my PIP, so it's all down to the MR and whatever decision that might throw back at me.
Thanks
CAP

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5 years 1 month ago #226906 by Gordon
Replied by Gordon on topic PIP Decision Letter
CAP

I would disagree with the assessment report, especially if the DM's comments are just copies, they are not medically trained and their input is to balance the evidence, some actually do this and to apply the law.

Remember, try and undermine the assessor's opinions and conclusions rather than just sating that they are wrong.

Gordon

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