Mandatory Reconsideration for PIP - 28 days

poppy12345 · 5 April 2018 at 7:26AM

I had heard multiple times that with an MR you have 1 month to request it, once it's requested they give you a further 1 month to send the letter and evidence. Like an extension and i've heard of lots of people that have successfully had that extension.

You say you're sending it Friday signed for delivery to arrive Saturday. Bear in mind that just because it's signed for it doesn't mean it's with the DWP at that time. Someone from Royal Mail sorting office will have signed for that and then it has to go through the sorting process before it arrives at the correct department.

I also agree with Neilcr, that 5 pages is far too long for a MR letter. Keep it short and straight to the point is always best. Most MR decisions remain the same anyway so most people have to take it to Tribunal. Good luck.

w06 · 5 April 2018 at 8:46AM

Take a step back Deannatrois, you can do this in 30 minutes today and send it today.

Go to this page https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/pip-9-table-of-activities-descriptors-and-points.pdf

Decide what you think you should have been awarded (suspect you've already done that bit).

Note what you were awarded.

Where the two disagree, write the descriptor name down, and I was awarded x, I believe I should have been awarded y because. Two sentences maximum for any activity that you believe the award is wrong.

For example:
Activity 1 preparing food: I was awarded 0 points, I believe I should have been awarded 2 points because I use a stool and adapted utensils to enable me to prepare and cook.

Brief and to the point, it's much more likely to be read and doesn't need the emotional input on your part either

Danday · 5 April 2018 at 10:05AM

TOBRUK wrote: »

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.

Good luck, I know this is stressfull

I understand what you are saying but is this not a very good reason for all PIP assessments to be video recorded?
No idea what the percentages are but I would imagine that it is probably high where the claimant does not take anyone with them to the assessment and that it is not recorded.
Would the fact that there is an independent person able to confirm what the assessor didn't do make that much of a difference when the DWP make the decision?
If so no face to face assessment should be carried out unless there is an independent witness present or it is video recorded in order to ensure that what is said to have happened actually happened?

[Deleted User] · 5 April 2018 at 2:46PM

Problem is, typical of me, my support worker and I have parted ways. I got sick of being told by an ASD specialist support worker that I should be able to cope with things I couldn't (like 4 contractors, two in one room, two in another plus an OT, support worker and housing officer in the house. I ended up curled in a ball over my desk, unable to answer questions so was designed a kitchen and bathroom that didn't meet needs although I had been able to describe what was needed clearly before this and told it would happen). I have asked if she will still support the PIP reconsideration but she's blanking my emails (honestly haven't sent rude ones but have asked her to close the case because the ASD team don't seem able to provide the support someone with ASD needs).

So shot myself in the foot there. Only did it because it was making me feel worse and worse.

I am going through https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/665635/pip-assessment-guide-part-2-assessment-criteria.pdf to make sure there is a point to arguing another descriptor applies where assessor said nil points.

I will get it done in as short a format as I can, but feel do have to enter more than a couple of sentences or risk not making my point at all. Where the assessor says I have no cognitive impairment (which she says in nearly every descriptor) due to my ability to go on the internet and use websites so therefore I don't have attendance problems with cooking cause I can concentrate.., I do feel I need to explain this doesn't take into account how ASD can affect someone and using the internet is my 'obsession'. That's just one thing.

Ames · 5 April 2018 at 3:13PM

She's probably not blanking your emails out of spite or malice. If you asked her to close the case then she won't be allowed to reply, and possibly isn't allowed to receive anything from you. New data protection rules are coming in next month and everyone, councils especially, are carping themselves about getting it wrong because there are big penalties if they do.

Getting the MR in is priority number one, but when that's done you could try going through whatever the social services access route is to ask for a report from her. She might not be able/have time to do it if you're no longer part of her caseload but you can ask.

I wouldn't try to argue how and why you can use the internet, but how and why you can't cook, and how cooking is different to using the internet. It's horrible, but benefits are always about the negative.

[Deleted User] · 5 April 2018 at 3:34PM

Yes I have done this, thank you. But in brief.

NeilCr · 5 April 2018 at 4:22PM

Danday wrote: »

I understand what you are saying but is this not a very good reason for all PIP assessments to be video recorded?
No idea what the percentages are but I would imagine that it is probably high where the claimant does not take anyone with them to the assessment and that it is not recorded.
Would the fact that there is an independent person able to confirm what the assessor didn't do make that much of a difference when the DWP make the decision?
If so no face to face assessment should be carried out unless there is an independent witness present or it is video recorded in order to ensure that what is said to have happened actually happened?

And, this helps the OP, how?

Deanna - as has been said, keep it brief. Concentrate on areas where you think you should have scored more points than you did. Refute what has been said and supply supporting evidence

Good luck!

[Deleted User] · 5 April 2018 at 4:37PM

Thank you Neil, I am only writing about the criteria I disagree with.

To Ames.., Oops so that means no communication at all with Social services. I haven't even received confirmation of receipt. So no back up from person who was at the interview which is not going to help. Bit of a bummer but nothing I can do.

Obviously I wanted the case closed but didn't expect all doors to be shut in my face so soundly. Doesn't seem right when I have done nothing wrong. Really wishing I'd not had anything to do with them at all.

Alice_Holt · 5 April 2018 at 5:43PM

Dean,

W06 at post 13 is spot on. That is how you should write your MR

Have the descriptors in front of you:
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

Use this tool:
https://www.advicenow.org.uk/pip-tool

Use this template:
https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

Include the UT reference I gave you at post 4 when explaining why your MR is late.

Keep it clear, concise and relate it to the descriptors

Don't expect the DWP to change their decision. It is likely you will need to go to tribunal.

Go to your local CAB now and ask if they can help you with an appeal to the tribunal service, if your MR is refused.

[Deleted User] · 5 April 2018 at 7:33PM

Yay its done lol.

I know its only 20% success with MR.., but its done now. I will get help with the appeal.

Mandatory Reconsideration for PIP - 28 days

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