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Mandatory Reconsideration PIP
- adamwest101
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3 years 10 months ago #261043 by adamwest101
Mandatory Reconsideration PIP was created by adamwest101
Hi All.
I am going to tribunal, Leap Report, I have evidence for each reason the DWP has refused me, they even used an old ESA report, the time scale saying I should have contacted them within 13 months back in 2016.
MR for PIP. I lost mobility part, was scored down on daily living. DWP have my MR since 15/04/21 thats 2 months 12 days. Just found out it has not been changed. I recorded my medical assessment, which I told them and sent further evidence to show the MP had lied in his report. How can they possibly not change the decision when they have all that evidence?
I am going to tribunal, Leap Report, I have evidence for each reason the DWP has refused me, they even used an old ESA report, the time scale saying I should have contacted them within 13 months back in 2016.
MR for PIP. I lost mobility part, was scored down on daily living. DWP have my MR since 15/04/21 thats 2 months 12 days. Just found out it has not been changed. I recorded my medical assessment, which I told them and sent further evidence to show the MP had lied in his report. How can they possibly not change the decision when they have all that evidence?
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- LL26
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3 years 10 months ago #261078 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Mandatory Reconsideration PIP
Hi Adam West,
There are many occasions where the decisions made by DWP do not seem to be logical, and seem to go against all the evidence. No one seems to know why this happens, but if you have been following forum posts for a while, you will know this is quite common!
So, although you may have plenty of evidence DWP may ignore this but this will set you up well for the tribunal hearing.
No doubt you would have read our recent newsletter about LEAP cases. It is entirely possible that DWP will not pursue the appeal to tribunal and will offer a revision beforehand. It would be really helpful if you can keep us fully updated as to the progress/outcome of your case.
Given the public concern about LEAP cases at present it may also be useful if you could make a subject access request for information held by DWP in respect if your PIP claim/s. Please ask for all papers etc including, and this is the crucial bit, all paperwork relating to PIP decisions made about you since 28th November 2016 uo date. Make sure that you also ask for the evidence relied upon to make the decision, and full details of any law involved too. Please let us know exactly what you get, and any problems you might have. You will need to write in, and head the letter Subject Access Request with your full name and NI Number.
I look forward to hearing how you get on with all of this.
LL26
There are many occasions where the decisions made by DWP do not seem to be logical, and seem to go against all the evidence. No one seems to know why this happens, but if you have been following forum posts for a while, you will know this is quite common!
So, although you may have plenty of evidence DWP may ignore this but this will set you up well for the tribunal hearing.
No doubt you would have read our recent newsletter about LEAP cases. It is entirely possible that DWP will not pursue the appeal to tribunal and will offer a revision beforehand. It would be really helpful if you can keep us fully updated as to the progress/outcome of your case.
Given the public concern about LEAP cases at present it may also be useful if you could make a subject access request for information held by DWP in respect if your PIP claim/s. Please ask for all papers etc including, and this is the crucial bit, all paperwork relating to PIP decisions made about you since 28th November 2016 uo date. Make sure that you also ask for the evidence relied upon to make the decision, and full details of any law involved too. Please let us know exactly what you get, and any problems you might have. You will need to write in, and head the letter Subject Access Request with your full name and NI Number.
I look forward to hearing how you get on with all of this.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- adamwest101
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3 years 10 months ago #261158 by adamwest101
Replied by adamwest101 on topic Mandatory Reconsideration PIP
Hi
Have read my MR
As I wrote[ prefer to stay in] mental health issues, I do not qualify, plus I mixed well with the HP who I don't even know, telephone assessment, I was observed to be calm {what it was a telephone assessment]
My medical assessment states clearly, I did not say anything to certain questions, in a puff of smoke, now I have.
It does say majority of days. So I replied to this in MR saying: The majority of days, I don't go out at all.So the DWP have decided I do not qualify for planning a journey because I stay in on the majority of days WHAT,
Anyway have added this to my other Tribunal case which the judge asked me if I wanted to do.
I will say this is starting to grind me down
Have read my MR
As I wrote[ prefer to stay in] mental health issues, I do not qualify, plus I mixed well with the HP who I don't even know, telephone assessment, I was observed to be calm {what it was a telephone assessment]
My medical assessment states clearly, I did not say anything to certain questions, in a puff of smoke, now I have.
It does say majority of days. So I replied to this in MR saying: The majority of days, I don't go out at all.So the DWP have decided I do not qualify for planning a journey because I stay in on the majority of days WHAT,
Anyway have added this to my other Tribunal case which the judge asked me if I wanted to do.
I will say this is starting to grind me down
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- LL26
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3 years 10 months ago #261173 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Mandatory Reconsideration PIP
Hi Adam,
Sorry to hear about your struggles with DWP. The response to your MR is somewhat predictable! Please do not give up the fight.
You may be interested in he case of JT v SSWP
www.google.com/url?sa=t&source=web&rct=j...HASV9ExMpi8N4YOC-LXf
In this case although Judge Rowland admitted it was a somewhat circular argument, if you don't go out because then you avoid all the stress and distress wpetc of going out, then it is likely that you have overriding psychological distress. If you do manage to go out, (except perhaps for essential appointments) then it is likely you don't have OPD.
Anyway put in the appeal and see what happens!
LL26
Sorry to hear about your struggles with DWP. The response to your MR is somewhat predictable! Please do not give up the fight.
You may be interested in he case of JT v SSWP
www.google.com/url?sa=t&source=web&rct=j...HASV9ExMpi8N4YOC-LXf
In this case although Judge Rowland admitted it was a somewhat circular argument, if you don't go out because then you avoid all the stress and distress wpetc of going out, then it is likely that you have overriding psychological distress. If you do manage to go out, (except perhaps for essential appointments) then it is likely you don't have OPD.
Anyway put in the appeal and see what happens!
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- adamwest101
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3 years 7 months ago #264362 by adamwest101
Replied by adamwest101 on topic Mandatory Reconsideration PIP
HI
Still waiting for a reply. Also, still waiting for Tribunal date
Still waiting for a reply. Also, still waiting for Tribunal date
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