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PIP appealing mandatory assessment
- levelslass
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4 years 11 months ago #248150 by levelslass
PIP appealing mandatory assessment was created by levelslass
Asking on behalf of someone I'm trying to help in lockdown. He has COPD, limited mobility after loss of lower vertebrae after car accident (but can still walk with a stick) and mental health issues, possibly undiagnosed PTSD. His PIP application was refused over 12 months ago. There was an appeal which failed because he was trying to do it by himself and couldn't cope with the stress. He did a face to face interview by himself with no or little written medical evidence. That didn't go well, got a refusal and just left it. Can I re-appeal using his old documents or is it better to start a new application. Can't find an answer on the gov. uk website. Thanks.
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- Gordon
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4 years 11 months ago #248158 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appealing mandatory assessment
levelslass
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
You say that they appealed, but was this an actual appeal or a Mandatory Reconsideration? If the latter then they are still within the 13 months allowed to request an appeal (see below) but if was an appeal and the hearing was more than a month ago then they are too late to take any further action.
From your post, it does not sound as if their original claim was well presented and they may have failed to explain their conditions and limitations in terms that match with the legally defined Descriptors against which they were assessed.
So, whilst pursuing the original claim has the advantage of setting that original claim date as the start date for any award, in reality, it may not be salvageable in the first place and it may just be easier to start a new claim, there is no waiting time to do this.
Only the person you are asking for can decide this but either way, they will need to address the issues that prevented their first claim from succeeding. Do you know if they requested a copy of their assessment report? If not then they should contact the DWP office that dealt with their claim, it may give additional insight into why it failed.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
You say that they appealed, but was this an actual appeal or a Mandatory Reconsideration? If the latter then they are still within the 13 months allowed to request an appeal (see below) but if was an appeal and the hearing was more than a month ago then they are too late to take any further action.
From your post, it does not sound as if their original claim was well presented and they may have failed to explain their conditions and limitations in terms that match with the legally defined Descriptors against which they were assessed.
So, whilst pursuing the original claim has the advantage of setting that original claim date as the start date for any award, in reality, it may not be salvageable in the first place and it may just be easier to start a new claim, there is no waiting time to do this.
Only the person you are asking for can decide this but either way, they will need to address the issues that prevented their first claim from succeeding. Do you know if they requested a copy of their assessment report? If not then they should contact the DWP office that dealt with their claim, it may give additional insight into why it failed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: levelslass
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- levelslass
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4 years 11 months ago #248264 by levelslass
Replied by levelslass on topic PIP appealing mandatory assessment
Thanks Gordon. Have now been sent ciopy of mandatory reconsideration notice. Unfortunately was dated 29 January 2019 so believe we are out of time
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- Gary
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4 years 11 months ago #248274 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP appealing mandatory assessment
Hi levelslass
As Gordon has stated above the maximum time to apply for a MR is 13 months from the decision date, have you requested a new application form?
Gary
As Gordon has stated above the maximum time to apply for a MR is 13 months from the decision date, have you requested a new application form?
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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