- Posts: 106
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- MR failure and dropped award time - tribunal next?
× Members
MR failure and dropped award time - tribunal next?
- Lorraine
- Topic Author
- Offline
Less More
3 weeks 2 days ago #312410 by Lorraine
MR failure and dropped award time - tribunal next? was created by Lorraine
Hello,
Trying to assist 58 yr old brother who is in need of triple heart bypass and also is diabetic, has sleep apnea, arthritis, chronic fatigue and pain, he has multiple chronic conditions and lives alone. He can hardly walk without pain and breathlessness.
Got letter to move to pip, was given standard on both for six years.
Did MR and also sent up dated cardiologist letter on 6th Feb, got confirmation from Royal Mail that it arrived.
Received letter today dated 9th Feb, no change to standard on both but reduced award time to four years…..how.
I feel they haven’t used the new updated evidence, as it was just 4 days, but how can they justify reducing award time as well?
His cardiologist latest letter still states needs triple bypass and goes into great detail, as did the one we sent previously, but this one is more up to date.
It states they have reviewed the extra evidence, but I believe this is the evidence sent with the MR not the cardiologist up to date letter and more information sent on the 6th.
What do we do now please
Trying to assist 58 yr old brother who is in need of triple heart bypass and also is diabetic, has sleep apnea, arthritis, chronic fatigue and pain, he has multiple chronic conditions and lives alone. He can hardly walk without pain and breathlessness.
Got letter to move to pip, was given standard on both for six years.
Did MR and also sent up dated cardiologist letter on 6th Feb, got confirmation from Royal Mail that it arrived.
Received letter today dated 9th Feb, no change to standard on both but reduced award time to four years…..how.
I feel they haven’t used the new updated evidence, as it was just 4 days, but how can they justify reducing award time as well?
His cardiologist latest letter still states needs triple bypass and goes into great detail, as did the one we sent previously, but this one is more up to date.
It states they have reviewed the extra evidence, but I believe this is the evidence sent with the MR not the cardiologist up to date letter and more information sent on the 6th.
What do we do now please
Please Log in or Create an account to join the conversation.
- traceytracey
- Offline
Less More
- Posts: 189
2 weeks 3 days ago #312520 by traceytracey
Replied by traceytracey on topic MR failure and dropped award time - tribunal next?
Just a thought. It may be that they are assuming that he would have a bypass within the next 4 years, therefore his health will improve on that aspect? only a thought
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 10129
2 weeks 2 days ago #312541 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic MR failure and dropped award time - tribunal next?
Hi Lorraine
I think traceytracey's thought that they think he will have had the bypass in the next 4 years his health would have improved.
Only 27% of people win their Mandatory Reconsiderations - so unfortunately, your brother is not alone. I suspect that whether they read the letter or not, it wouldn't have made any difference. Your only choice is to go to a Tribunal. Approx 67% of claimants win their Tribunals. You said that he had a letter to move to PIP. Did he have a paper-based assessment or did he have a telephone assessment? I only ask - because apart from the fact they said they weren't going to change their decision - I wondered whether there is an assessment report to see how they came to their decision. He clearly has considerable health issues, and you may have expected him to get enhanced for one part or both. Do you have any idea why he didn"t?
Tribunals are taking up to a year to take place. The Guide to PIP Appeals will walk you through the process. Also, I would go back through the Guide to PIP claims and reviews and see if there is any information that was missed out, especially page 17 - the reliability clause. Remember it is not so much the condition that people have it is the impact of those conditions on the claimant's daily living and mobility - both of which are impaired for your brother.
BIS
I think traceytracey's thought that they think he will have had the bypass in the next 4 years his health would have improved.
Only 27% of people win their Mandatory Reconsiderations - so unfortunately, your brother is not alone. I suspect that whether they read the letter or not, it wouldn't have made any difference. Your only choice is to go to a Tribunal. Approx 67% of claimants win their Tribunals. You said that he had a letter to move to PIP. Did he have a paper-based assessment or did he have a telephone assessment? I only ask - because apart from the fact they said they weren't going to change their decision - I wondered whether there is an assessment report to see how they came to their decision. He clearly has considerable health issues, and you may have expected him to get enhanced for one part or both. Do you have any idea why he didn"t?
Tribunals are taking up to a year to take place. The Guide to PIP Appeals will walk you through the process. Also, I would go back through the Guide to PIP claims and reviews and see if there is any information that was missed out, especially page 17 - the reliability clause. Remember it is not so much the condition that people have it is the impact of those conditions on the claimant's daily living and mobility - both of which are impaired for your brother.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: latetrain, BIS, Catherine12345, Chris, David, Forum Moderator