Mandatory Reconsideration for PIP - 28 days

[Deleted User]

Just so no one else gets caught out like I have. You have 30 days to request a MR.., but only 28 days to get the MR letter to the DWP.

I've had two phone calls with ESA - checked i had until the 12th to get the MR Letter to them, was told yes. Now its the 8th (MR was requested on 12th March). Just counted the days, its actually the 9th unless I am totally incapable of counting 28.

So another melt down on the phone. Wasn't rude but was very upset, I lost it.

So 36 hours of no sleep in front of me while I try to refute the 30 page PA4 report and its endless errors (won't say lies of course). Been ill with not able to breath (wheezing non stop had to call an ambulance at one point) due to asthma/chest infection for nearly 3 weeks - they could hear me coughing endlessly on the phone but you can't get an extension. I have started the letter but with the amount of information I need to absorb to do it properly (even knowing only 20% get changed decisions, I still have to do it properly cause will also affect appeal). I have started but long way to go yet.

Was told I could submit a second MR but doubt its that easy. I assume you have to have new evidence or something.

I don't want to make the MR too long. If I go through the PA4 report line by line its going to be about 5 pages long. Is this ok? I'm trying to show the inconsistencies, things not reported that are pertinent and the assumptions not based on any evidence. Or am I wrong with this too? Genuine question.

NeilCr

Hi Deanna

Did they specifically say no extension We (and our clients) do this and they are usually okay about it. Normally, they give us two weeks. If you explain you have been ill. The last thing you want is to be rushing it and causing you upset.

If I'm honest 5 pages sounds a bit long to me. You do need to concentrate on the areas where you believe you should have scored points and didn't. Is there anyone (CAB, whoever) who could help?

It may also be worth reposting on the benefits board. There are some good posters there (especially Alice Holt) who may be able to assist in more detail. There is also a recent ruling about MRs and time limits which may help. Alice has commented on it in Danday's latest thread

TOBRUK

Mandatory Reconsideration for PIP - 28 days
Just so no one else gets caught out like I have. You have 30 days to request a MR.., but only 28 days to get the MR letter to the DWP.

I've had two phone calls with ESA - checked i had until the 12th to get the MR Letter to them, was told yes. Now its the 8th (MR was requested on 12th March). Just counted the days, its actually the 9th unless I am totally incapable of counting 28.

Your question is regarding PIP although you say you have had two phone calls with ESA. A llittle confusing. However, when you receive a decision letter it tells you what to do if you disagree with a decision - is states 'you can ask us to reconsider a decision. Tell us if you think we've overlooked, or you've more, information that affects the decision. Do this within one month of the date on this letter. ....'

It states one month from the date on the decision letter with PIP and ESA. Not sure if that helps?

Alice_Holt

If your MR is late give a reason (could be depression, poor health, etc) and quote this UT ruling:
https://www.gov.uk/administrative-appeals-tribunal-decisions/r-cj-and-sg-v-secretary-of-state-for-work-and-pensions-esa-2017-ukut-324-aac

CPAG Update - 25 September 2017 - on 4 August 2017 a three-judge panel of the Upper Tribunal decided that, where a claimant makes a mandatory reconsideration request at any time within 13 months of the original decision, s/he will, if dissatisfied, subsequently be entitled to appeal to a First-tier Tribunal. . The DWP has recently confirmed that it will not be appealing against the Upper Tribunal judgment and has issued guidance on the judgment in DMG Memo 17/17 and ADM Memo 21/17.

More info:
http://cpag.org.uk/content/cpag-wins-breakthrough-case-operation-late-mandatory-reconsideration-scheme-ruled-unlawful

[Deleted User]

Yes Neil, you are right. I meant PIP not ESA sorry, brain wires get crossed occasionally.

I could be wrong and will be glad if I am.

I think the 28 day return rule applies to the letter explaining why you need a MR, the thing giving the reasons why you disagree with the decision. You have 30 days to ask for an MR but only 28 days to get the letter saying why you disagree with the decision back to DWP.

I did ask if I could have an extension, stating why (and like I said, had to stop three times for long coughing bouts that I still have and wasn't breathing well). I was told no, I had until the 8th April. End of. But I could make another MR afterwards. But I suspect it won't be just a case of asking for a second MR, there will need to be acceptable reasons.

Otherwise I just go for an appeal and hope I can add anything that I miss because of the rush in the MR.

I think you can ask for a first MR after the 30 days.., but I am beyond that now. Now I am running out of time to return the letter after asking for an MR already.

I absolutely understand not making it too long but I don't know whether to include the disastrous early appearance of the assessor before my support worker turned up (which she explains much to my detriment in the report). I feel that put me at an instant disadvantage and was very very stressful. That isn't covered by the activities. The physical assessment, well half of it she just didn't do, some of it I can't do and she says I can and did. Where do I put that? I have read that if you can show conflicting/untrue comments in the early parts of the report you might be able to say the report can't be relied upon? How do I express this in as short a way as possible? There is so much wrong in the report its difficult to know what to put in and what to miss out.

I do hope that makes sense.

NeilCr

There is some good advice here (I think you are in Scotland?) with examples

https://www.citizensadvice.org.uk/scotland/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/

Also note the comments on missing the deadline and the reference in Alice's post above.

I must say we do usually get extensions and - to be honest - I haven't heard of this two MR rule before. I don't know if anyone else has?

[Deleted User]

No I live in Gravesend Kent, England, sorry.

No I was obviously was upset on the phone, I haven't heard of it before and I suspect that if I asked for it it wouldn't happen. I must admit I don't trust the DWP lolol.

I have looked at the links and its the same problem, I am not late in asking for a MR, I don't have enough time to return the letter saying why I disagree with the PIP decision letter.

NeilCr

Aaah sorry.

Bit late for me!

England is the same advice, though.

NeilCr

deannatrois wrote: »

No I live in Gravesend Kent, England, sorry.

No I was obviously was upset on the phone, I haven't heard of it before and I suspect that if I asked for it it wouldn't happen. I must admit I don't trust the DWP lolol.

I have looked at the links and its the same problem, I am not late in asking for a MR, I don't have enough time to return the letter saying why I disagree with the PIP decision letter.

Have you looked at Alice's post above about if you send it in late?

Could you ask for the MR on the phone and see if they will let you send the written response later?. On reflection could this be the "two MRs" referred to. You make the official request on the phone (in time) and follow it up in writing.

TOBRUK

deannatrois wrote: »

I absolutely understand not making it too long but I don't know whether to include the disastrous early appearance of the assessor before my support worker turned up (which she explains much to my detriment in the report). I feel that put me at an instant disadvantage and was very very stressful. That isn't covered by the activities. The physical assessment, well half of it she just didn't do, some of it I can't do and she says I can and did. Where do I put that? I have read that if you can show conflicting/untrue comments in the early parts of the report you might be able to say the report can't be relied upon? How do I express this in as short a way as possible? There is so much wrong in the report its difficult to know what to put in and what to miss out.

I do hope that makes sense.

I don't know if this helps you, but as you are worried about how long your letter could be and wish to make it shorter, don't worry about that initially.

From reading the report make a note (rough paper) of what you disagree with, whether it is wrong or incorrect IN POINT FORM.

The physical assessment for example you noted as she wrote you could do them, although she didn't ask you to do them nor attempt them - this may be one point (even if it is point number 12), so you can just build up from doing this fairly quickly rather than get overwhelmed. Just a thought, but was your support worker there when she was going through the physical assessment questions or any of the points you disagree with? If so, state that your support worker was present and can verify these facts.

When you have identified all the points you disagree with, you can begin the letter with an introduction then go through all the points in order and then end with a couple of lines stating that it is on the points stated that you disagree.
Try not to panic as you could get through the points you disagree with quicker.

You can mention that the assessor arrived early, before the said time and before your support worker turned up which you felt was unfair. To be honest I think it was unfair of the assessor turning up early and begin the assessment before your support worker had turned up - unless the support worker was late?

Good luck, I know this is stressfull

[Deleted User]

Thank you for your suggestions and support. 3/4 of the way done. Cutting things as I go. Will get some sleep and finish later. Will send special delivery on Friday so will get there Saturday.