Fun & Games - PIP

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  • Newly_retired
    Newly_retired Posts: 2,950 Forumite
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    The MR may not change anything, if my experience at CAB is anything to go by, but you need it in order to proceed to appeal.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
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    The MR may not change anything, if my experience at CAB is anything to go by, but you need it in order to proceed to appeal.

    Agree

    The tribunal figures are about 60% overturning the original decision at the moment. But if Rockingbilly got 0 points that may be a bigger mountain to climb
  • Muttleythefrog
    Muttleythefrog Posts: 19,745 Forumite
    First Anniversary Name Dropper First Post
    edited 9 March 2017 at 11:28PM
    NeilCr wrote: »
    Just to be clear on this Rockingbilly was given the completed form to take home. He has said in various places on here that he didn't read it at all, he did read it and saw there was a lot wrong and he was "working on the form". He did, therefore, have a chance to get a copy made before sending it off

    Unless it is an absolutely hopeless case I usually say go for the MR. Nothing to lose - but I certainly think, someone like Rockingbilly should seek help with it as he does seem to have a lot of problems with form completion.
    Ah right... that changes a bit what I had imagined happened. I note his age is 67... would a new claim would therefore fail? I think it imperative they get a hold of copies of all evidence used ASAP including their form and study the descriptors to see what they should be getting awarded in theory. I've a horrible feeling they'll again have issues of time as DWP could be slow or obstructive in that regard if my experience is anything to go by.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • rockingbilly
    rockingbilly Posts: 853 Forumite
    edited 10 March 2017 at 1:06AM
    NeilCr wrote: »
    Just to be clear on this Rockingbilly was given the completed form to take home. He has said in various places on here that he didn't read it at all, he did read it and saw there was a lot wrong and he was "working on the form". He did, therefore, have a chance to get a copy made before sending it off

    Unless it is an absolutely hopeless case I usually say go for the MR. Nothing to lose - but I certainly think, someone like Rockingbilly should seek help with it as he does seem to have a lot of problems with form completion.

    The form was double Dutch to me. I couldn't make any headway with it so after the first few pages I gave up. What I did notice was the bit about diagnosis and medication/side effects - it was wrong in part and missing everything that I explained about how each drug interacted with another. I really needed someone to go through it with me but that wasn't possible due to the lack of time they gave me.
    I didn't copy anything, I don't have a copier. Plus I just assumed everything would be safe in the hands of the DWP.
    I admit that forms and such things are beyond my comprehension. That doesn't mean to say that I was never able to understand them in the past. Unfortunately for the past 3+ years my ability to take things in/concentrate/follow through with actions has deteriorated to such an extent that I just give up to avoid the stress of it all. All of this is down to the mental health problems that I have as well as the drugs I take.
    Anyhow I am now back where I started from I suppose. I have 30 days from the 2nd March to lodge an application for a MR. Getting an appointment at Welfare Rights based on my first attempt back in January is that there is approx a 5 week wait!!
    So it looks like no help with the MR AND I am not asking the Jobcentre for help again. I'll have to do it myself.
    How do I force the DWP to get a hurry on in sending me a copy of the PIP2, the evidence I attached to it and copies of the evidence that is with the ESA & DLA case papers - I only have to the 31st March to get the MR in?
  • Ah right... that changes a bit what I had imagined happened. I note his age is 67... would a new claim would therefore fail? I think it imperative they get a hold of copies of all evidence used ASAP including their form and study the descriptors to see what they should be getting awarded in theory. I've a horrible feeling they'll again have issues of time as DWP could be slow or obstructive in that regard if my experience is anything to go by.
    Any advice on how to get the DWP to hurry up then?
    I have no idea where to start with the MR as I have no paperwork to go by - not even the reasons about how the DWP came to make that decision.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
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    edited 10 March 2017 at 1:26AM
    Ah right... that changes a bit what I had imagined happened. I note his age is 67... would a new claim would therefore fail? I think it imperative they get a hold of copies of all evidence used ASAP including their form and study the descriptors to see what they should be getting awarded in theory. I've a horrible feeling they'll again have issues of time as DWP could be slow or obstructive in that regard if my experience is anything to go by.

    A new claim would likely fail. Could go for AA. To be honest, if he scored nil points, you need to go through all the descriptors with someone experienced and assess your situation against them. The detailed report is more useful when you have scored points so you can see what you scored and where. But, anyway, from #21 it sounds like he has the information they normally send as he mentions four pages, points and descriptors

    In terms of the PIP form they may send it back but could well take the view that a sensible claimant would have taken a copy so might not rush it

    In general MRs fail so, as I said on his other thread (and a previous poster said the same here) get something in, if he can't get help and take time getting ready for the appeal.
  • Muttleythefrog
    Muttleythefrog Posts: 19,745 Forumite
    First Anniversary Name Dropper First Post
    edited 10 March 2017 at 3:00AM
    Any advice on how to get the DWP to hurry up then?
    I have no idea where to start with the MR as I have no paperwork to go by - not even the reasons about how the DWP came to make that decision.
    I would read the above post as I agree with it. I'd call them up and explain your situation of not having copy of your form... and I'd state to them that you are going to ask for a reconsideration but that you first need a copy of all the evidence used ASAP including a copy of your form. I suspect that the document you have already received is as good as it gets in terms of explaining the descriptor choices.. it may in effect be their statement of reasons... it's not especially detailed but you'd expect to say something like 'you reported problems with cooking but we determine that you can cook as you regularly make meals yourself'. If there's no point in claiming again due to age preventing you qualifying (AA may be alternative) then it seems to me you lose little by pursuing a MR and then potentially an appeal. You've not got long though... but if time does press then you can towards the end of your month call them and say you want a MR but that you'll be supplying your written submission shortly... they may be able to consider your MR requested in time but to wait for evidence from you before carrying it out.

    Unfortunately I can't grasp with confidence your abilities to manage these matters on your own.. often I'd quickly get a good feel for someone's competence in respect of such.. but I'm getting mixed signals..lol... you present to me on one hand someone liable to handle these matters very well yourself but on the other as someone who cannot. So someone else helping you may be necessary... what concerns me is that you seem to be making few waves in terms of determining if you should qualify for PIP... if you cannot determine that from looking at the descriptors then someone else may have to help you.... since the whole basis for any MR or appeal would be that you should qualify and you should do so because x is true and this is why... and y is true and this is why... and z is true and this is why. You used to get a good DLA award suggesting to outsider you do have significant disabilities day to day that may well lead to qualifying for PIP along similar lines. But these are technical questions that must be considered with facts at hand.. those facts will almost exclusively come from your experiences. There are some really basic things that need to be put in place before next step can be made with confidence. I agree with the above poster regarding their last point too... MR is necessary in order to appeal... if the wheels are falling off in terms of time and your access to support then the MR could be considered as the wasted but necessary step in order to appeal. That'd buy you the time you should need to get in place support and arguments for that appeal.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • NeilCr wrote: »
    A new claim would likely fail. Could go for AA. To be honest, if he scored nil points, you need to go through all the descriptors with someone experienced and assess your situation against them. The detailed report is more useful when you have scored points so you can see what you scored and where. But, anyway, from #21 it sounds like he has the information they normally send as he mentions four pages, points and descriptors

    In terms of the PIP form they may send it back but could well take the view that a sensible claimant would have taken a copy so might not rush it

    In general MRs fail so, as I said on his other thread (and a previous poster said the same here) get something in, if he can't get help and take time getting ready for the appeal.

    Well at the end of the day whether they chose to cause delays or not, it is entirely down to the DWP to get their fingers out as without the documentation I can't prepare or even discuss with Welfare Rights anything if I have no copies of the claim form or the evidence I sent in. They are also going to hold things up as well if they take too long in sending the copied ESA & DLA files that were requested in early January when the PIP claim started.

    Yes the refusal letter says that a whole host of things the claim form said they say that I don't have any issues with them.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Name Dropper First Anniversary First Post
    Well at the end of the day whether they chose to cause delays or not, it is entirely down to the DWP to get their fingers out as without the documentation I can't prepare or even discuss with Welfare Rights anything if I have no copies of the claim form or the evidence I sent in. They are also going to hold things up as well if they take too long in sending the copied ESA & DLA files that were requested in early January when the PIP claim started.

    Yes the refusal letter says that a whole host of things the claim form said they say that I don't have any issues with them.

    In which case you will be out of time on your MR

    If you have no issue with what the refusal letter says (I am assuming it goes into detail on the descriptors) then why are you appealing. Personally, I'd be on to Welfare Rights for an appointment and take the refusal letter with you - alternatively many CABs/ advice centre have drop ins - you could take the paperwork you have in and ask whether if it is enough for an MR

    The ESA and DLA forms aren't really relevant for an MR

    You actually need to do something right now - not sit around waiting for others and then moaning about them.
  • w06
    w06 Posts: 917 Forumite
    As Neil has said you don't need anybody at DWP to do anything. You need to decide which of the descriptors you think that your disabilities align with, unless I'm mistaken you yourself have previously assessed yourself to score zero points too, and then you need to outline why you disagree with the letter already sent to you by the DWP.

    You have everything you need to ask for the mandatory reconsideration, if you want to ask for one you just need to do that.
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