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PIP mandatory reconsideration when PIP letter late

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4 years 7 months ago #236909 by Funkateer
Hi!

Long time lurker, first time poster.

Thanks in part to this site i received my PIP decision this Saturday, 31st Aug 2019.
I noticed the date on the letter is 9th August which gives me only a few days to put my case for a mandatory reconsideration in.
I wish to contest the mobility element, i stated to the assessor that i have to stop for a rest every 5 meters, i illustrated this by pointing to a wall in my home as it was a home visit, my friend has since measured this distance and it is exactly 5 meters.
In the letter i received from them the decision maker has stated that i can walk between 20-50 meters, this is simply untrue!
I have an audio recording and a witness which can both corroborate this.
Is there anything i can do to get me some extra time to put my case as it clearly doesn't take from the 9th-31st August to deliver a letter... i used to be a postman so i know these things!
many thanks in advance...

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4 years 7 months ago #236911 by Gordon
Funkateer

You have two options;

- Request the MR within the month normally allowed and say that you need additional time to provide more information, you should be given four weeks from the date of your MR request, or

- make a Late request for the MR citing the late delivery of the Decision Letter as Good Cause, this should be accepted without a problem.

You say that you have to stop every 5m but the test is the total distance that you can reliably walk so you need to concentrate on this first.

As an example; how long do you have to stop for? a brief stop may not qualify you for a shorter distance but if the stops are longer and their total plus the time it takes you to actually walk 20m mean that it takes you more than twice the time that a healthy person would take then you may be able to argue that cannot cover the distance in a "timely manner".

Gordon

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

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4 years 7 months ago #236913 by Funkateer
HI Gordon and Many thanks for the speedy reply.

Yes that all makes perfect sense to me.
I can't even do the 5 meters at 'normal pace' and it would take me MUCH longer than twice the time of a healthy person.
My GP laughed incredulously when i mentioned the mobility element and suggested i should contest this. I scored 10 and so the extra 2 points would take me to the higher rate.
I'll ring them tomorrow as i'm too angry at the moment.
My home is less than 20 miles from the office dealing with this, i know the postal system intimately between here and there and there is no way on this earth that it takes 3 weeks and one day to move a 2nd class letter that distance. In fact it's classed as a 'local' 2nd class letter which is actually a faster route as it travels less distance than a 1st class letter strangely enough.

Again many thanks for your advice :D

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4 years 7 months ago #236916 by Gordon
Funkateer

All DWP letters are printed, enveloped and posted in Belfast, the letter did not come directly from your local DWP office, even if they are the office dealing with your claim.

Gordon

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

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4 years 7 months ago #236919 by Funkateer
HI Gordon

OK thanks for the information, that would most likely add, AT MOST, an extra week onto the distribution process, even if the walk (PO jargon for delivery route) i live on were to be unavoidably held up for a day (which deliver office managers are loathe to do as it technically counts as 'wilful delay' which is a serious offence) and with a bank holiday factored in too, there's still no way it should take 3 weeks and a day to move a 2nd class letter that distance, not in a million years!

I have a feeling this is going to be more common :(

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4 years 7 months ago #236956 by alisp
I sympathise: last year there was a total mess-up and we were told in September there'd been a backlog and our case hadn't been dealt with yet. Turned out it had been dealt with and sent out in August, but for some reason hadn't arrived. We filed a late request for a MR and gave the misinformation, letter going missing and then re-sent as the reason, and it was all fine.

Carer for a long-term ME/CFS sufferer
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