Pip/MR

pope

Hi I put in a Mandatory Reconsideration for my pip. I could a text to say that it's been received on 19th April and I then received three of the following texts same as below last text received on 3rd June. What should I do as have not heared nothing else from them? Thanks

Update on your PIP claim. You asked us to look at your decision again. We expect to look at your case by 14/6/2024. You do not need to contact us unless your circumstances change. Thank you

Muttleythefrog

They should be under pressure now to give that decision. Not that long ago I was in similar position and they made the decision about a week before their 'expected date'. I might be tempted to call next week (or tomorrow if eager) and see if decision has been made particularly given that I've just looked at my texts and like you I got those text (every 2 weeks) but I can't see one saying decision taken. 

Danien

Be aware they very rarely change a decision on MR, but they are much more likely to change the decision after an appeal has been put in (which you after you get the negative MR decision) especially if you make a good argument. I usually put in a full argument (submission) when the appeal is put in and it is surprising how many get changed in the claimant's favour without needing to go to Tribunal.

pope

Danien said:

Be aware they very rarely change a decision on MR, but they are much more likely to change the decision after an appeal has been put in (which you after you get the negative MR decision) especially if you make a good argument. I usually put in a full argument (submission) when the appeal is put in and it is surprising how many get changed in the claimant's favour without needing to go to Tribunal.

Sorry but I don't understand do you you mean that you put in a a very strong MR with evidence so DWP have no choice and change the award and then there no need to go to tribunal?

HillStreetBlues

pope said:

Danien said:

Be aware they very rarely change a decision on MR, but they are much more likely to change the decision after an appeal has been put in (which you after you get the negative MR decision) especially if you make a good argument. I usually put in a full argument (submission) when the appeal is put in and it is surprising how many get changed in the claimant's favour without needing to go to Tribunal.

Sorry but I don't understand do you you mean that you put in a a very strong MR with evidence so DWP have no choice and change the award and then there no need to go to tribunal?

They always have a choice, most  times an MR just rubber stamps the original decision.
I helped a  friend, the amount of evidence submitted  was overwhelming, both  original decision and MR = no award.   Went to tribunal, Judge phoned before that actual tribunal to say he could award higher rate daily living because the evidence was so overwhelming.
Both DWP decisions was based on a lying assessor

Spoonie_Turtle

pope said:

Danien said:

Be aware they very rarely change a decision on MR, but they are much more likely to change the decision after an appeal has been put in (which you after you get the negative MR decision) especially if you make a good argument. I usually put in a full argument (submission) when the appeal is put in and it is surprising how many get changed in the claimant's favour without needing to go to Tribunal.

Sorry but I don't understand do you you mean that you put in a a very strong MR with evidence so DWP have no choice and change the award and then there no need to go to tribunal?

We have heard of cases where the MR is denied but then the claim is looked at again in preparation for the tribunal and an appropriate award offered to save the hassle of having a tribunal hearing.  (The experiences I've heard of are DWP offering it, although the comment above indicates the judge can do that too.) 

Alice_Holt

Spoonie_Turtle said:

pope said:

Danien said:

Be aware they very rarely change a decision on MR, but they are much more likely to change the decision after an appeal has been put in (which you after you get the negative MR decision) especially if you make a good argument. I usually put in a full argument (submission) when the appeal is put in and it is surprising how many get changed in the claimant's favour without needing to go to Tribunal.

Sorry but I don't understand do you you mean that you put in a a very strong MR with evidence so DWP have no choice and change the award and then there no need to go to tribunal?

We have heard of cases where the MR is denied but then the claim is looked at again in preparation for the tribunal and an appropriate award offered to save the hassle of having a tribunal hearing.  (The experiences I've heard of are DWP offering it... 

         Yes, it's not uncommon (when the MR / evidence is strong) for the DWP caseworker tasked with preparing the tribunal appeal bundle to make an offer to the claimant if they think the tribunal is likely to decide in the claimants favour.

        That offer can be lower than the claimant is asking for:
https://askcpag.org.uk/content/200400/an-offer-you-cant-refuse
So it may be worth accepting the offer, but continuing to appeal, to see if the tribunal will decide on a higher award.

  At MR stage, I wonder if the majority of (even strong) MR's are rejected in the expectation that some claimants won't want to carry on and lodge their appeal with the HMCTS.

Robbie64

A few years ago, 20% of PIP decisions were overturned at the MR stage. I think it might have declined slightly a year or two later. The latest figures should be available somewhere.

Spoonie_Turtle

Robbie64 said:

A few years ago, 20% of PIP decisions were overturned at the MR stage. I think it might have declined slightly a year or two later. The latest figures should be available somewhere.

26% in the quarter ending Jan 2024 - though that's just 'a changed award', not necessarily a correct award.
https://www.gov.uk/government/statistics/personal-independence-payment-statistics-to-january-2024/personal-independence-payment-official-statistics-to-january-2024#mandatory-reconsiderations-mrs

But we're due the new stats in a couple of days.

pope

I'm going to ring them tomorrow let's see what they have to say fingers crossed.

Danien

pope said:

Danien said:

Be aware they very rarely change a decision on MR, but they are much more likely to change the decision after an appeal has been put in (which you after you get the negative MR decision) especially if you make a good argument. I usually put in a full argument (submission) when the appeal is put in and it is surprising how many get changed in the claimant's favour without needing to go to Tribunal.

Sorry but I don't understand do you you mean that you put in a a very strong MR with evidence so DWP have no choice and change the award and then there no need to go to tribunal?

Basically, in mine and other cases I've helped recently, I put in a submission at MR stage (which is an argument of why you believe the decision is wrong and an argument for why you should be awarded the benefit rate you requested) MR was refused, so I appealed. The claim is then automatically looked at again and in each case within a month or two and without sending further information, the award requested was made. This said to me in each case the original decision was rubber stamped at MR stage. Once looked at properly the appeals decision maker realised the case would win at appeal and so changed the decision.

It sometimes feels like they are playing a game of chicken with genuine claimants who should qualify for PIP. They refuse an initial claim and a large percentage do not bother challenging the decision. For the ones that do put in an MR and are refused again, another large proportion don't want to go forward with appeal, a lot of times due to stress and feeling two refusals means they don't have a case. When you actually go forward with appeal they now seem to take it seriously and if you demonstrate a good case then they will often change their decision in your favour. Of course even those that go forward to a tribunal hearing a large proportion of represented cases are successful.