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TOPIC: MR thrown out before requesting one.

MR thrown out before requesting one. 6 days 6 hours ago #238703

I am the appointee for my daughter. She has recently been told she cannot receive PIP.
I telephoned the PIP office and spoke to a lady and told her I wanted to apply for mandatory reconsideration. She asked me if I intended to do this through written evidence and I said yes and I asked her how to go about it. She gave me the information I needed, telling me I was to write my daughters letter on plain paper with her name, address, nat insurance no et cetera, my telephone number and my name and I was to send all additional information and bullet points against letter. I was told I had until the 21st of October to do this. She then wished me good luck.
On the 8th of October I sent a letter confirming the telephone call and that I would be sending the information. They received this letter on the 9th of October. Today I have received a letter from DWP informing me that my daughters mandatory reconsideration had been turned down and I now have one month to go to appeal.
How on earth can they have given me a mandatory reconsideration before I've actually asked for one. The phone call was very clear and the letter was very clear that I would be sending the information.
Can anyone give me some ideas on how to complain about this and what I have to do?

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MR thrown out before requesting one. 6 days 3 hours ago #238707

Hi Simone

I'm sorry this has happened to you. At this point you don't want to waste time complaining about the decision - you want to challenge it. You need to ring them again and ask to speak to a more senior person and then explain that you have yet to send in the information for an MR and question how they could make the decision without giving you the chance to submit your evidence. See what they say first.

If they do not back down you can put in a complaint at the same time as putting in for an appeal.

BIS

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

MR thrown out before requesting one. 5 days 7 hours ago #238730

Ask for a copy of their first decision that she wasn't entitled to PIP. You usually receive their report within a few days. Then you can challenge what you disagree with.

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