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re-apply PIP

foxyalf

Hi applied for PIP a few months ago and I did'nt get it devastated as I was someone said try for the new esa which I did and they are going to pay my contributions etc but no payment this was in a telephone call I was told this and said it is all in your letter explaining your award and about the support group I said I haven't received any letters about award or any support group which he said I should have received a couple of weeks ago hes looking into that but he did say I should now be able to get PIP as I am now with the WCA support group so does anyone know if I can now re-apply for PIP and is there a quicker way of applying for it please

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chiarieds

PIP is a totally separate benefit to ESA, & it actually doesn't mean that being in the support group will necessarily help with PIP. However there's nothing to stop you proceeding with your current PIP claim, which would be faster than reapplying, having to fill in a new claim form, another assessment, etc.

Did you do a Mandatory Reconsideration? You can proceed with this as you can do one within 13 months with good reason. The Mandatory Reconsideration is best put in writing. Let us know if you decide to proceed with this as I'm sure our members will help if they possibly can.

foxyalf

yes please can someone advise about mandatory reconsideration please I thought I only had a month to do so and address I need to send letter to etc and what info I need to put in

chiarieds

Hi again - with your Mandatory Reconsideration (MR) you should say why you're late in doing this. It shouldn't be a problem with the DWP (but, if it were to be, then you proceed straightaway to a Tribunal).

Remember PIP is not about any diagnosis, but rather how your disability affects certain activities of daily living &/mobility the majority of the time (over 50% of the time).
Put your MR in writing where you should say where you feel you should have got points & why, so have a look again at the points you can see here against each of the activities: https://www.cambridgeshire.gov.uk/asset-library/personal-independence-payment-descriptors-and-scores-april-2023.pdf

Try & write about a couple of recent (i.e. at the time of your assessment) examples of these, i.e. when did it happen, where, what happened, did anyone see this, & were there any consequences to attempting/doing an activity such as pain, fatigue or breathlessness for example?
Say if you can't do any of these activities 'reliably,' i.e. safely, to an acceptable standard, repeat as often as one would reasonably expect, or if it takes you much longer than someone without your disability. See this mentioned at the end of the link above.
With this letter make sure to put your name & National Insurance number on each page. Keep a copy if you can, & get a free Certificate of Posting from your Post Office when sending it off.

If you don't know the address to send it to, tho it should be mentioned towards the end of your last decision letter, then ring the PIP enquiry line 0800 121 4433 & they will tell you.

Please come back with any questions.

Jimm_Alumni

Hi @foxyalf, Chiarieds has already give incredibly helpful information so there isn't much more I can add. I will direct you to this section of our advice pages however Appealing a DWP decision | Disability charity Scope UK. They list the reasons that can apply to a late Mandatory Reconsideration, if any apply to you then I suggest you inform the DWP. Also on that page are links and suggestions of where you can get further help with the Mandatory Reconsideration if you need the support

foxyalf

thank you so much everyone

chiarieds

About 'Late Applications' such as in this instance, sections A3051 – A3055 are relevant, with A3055 saying, ''The term “special circumstances” is not defined in legislation and should be interpreted broadly.
It can include factors such as .... 6. ''ignorance or misunderstanding of the law or time limits''

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1092565/adma3.pdf

I think Scope's link to 'late' MRs is a little off putting @Jimm_Scope

The DWP really can't complain about a late MR, so long as it's within 13 months of a claimant's decision, if they do, it's straight to a Tribunal.

Jimm_Alumni

I will feed that back to the team that builds the advice pages @chiarieds, thank you.

foxyalf

Hi me again just looking at info you have all sent over and it says you can ask by phone for a mandatory reconsideration or fill in an online form CRMR1 or ask in writing which would be the quickest please and address is it personal independence payment 3 mail handling site A Wolverhampton WV98 1AD?

Hannah_Alumni

Hello @foxyalf

I would say, either filling in the form or asking by phone would be the quickest. Whichever you feel the most comfortable with.

chiarieds

Hi again - ringing is the fastest way to start a Mandatory Reconsideration, tho you can't be sure they'll write down all you say, that's why putting it in writing either by using the CRMR1 form or simply writing a letter is often a better solution. Whichever way you choose, it seems it can take about 12 weeks to get a decision, so ringing to reduce this by a few days, I'd suggest isn't too helpful.

If writing, then check the address on your decision letter, if it says,

Personal Independence Payment 3

Mail Handling Site A

Wolverhampton WV98 1AD as mine did, then that's OK. If unsure, please ring the PIP enquiry number, which is 0800 121 4433 & they'll tell you.

You should give a reason for your late reply, whichever way you wish to do a Mandatory Reconsideration, but just saying you've only found out you can do so is fine.

Try to say where you feel you should have got points, & why, writing about any of the activities where you feel the decision was wrong. Remember to say if you can't do an activity reliably, as mentioned above.

nasturtium

Just to add to chiarieds comment about not ringing to start a MR.

I Always advise a claimant NOT to ring to start there MR because it is always best to write a detailed letter outlining your anacdotal written evidence including real world events on why you cannot do the 12 PIP activities that apply to you safely, repeatedly, in a timely manor or to an acceptable standard.

If you put it in writting in detail then even if you are not successful this MR letter will be used by the tribunal as supporting evidence for your claim if you apply for appeal.

Also if you apply for appeal the DWP may use your detailed MR letter to decide if they can make you an "offer" after you have made the appeal.

If you telephone to start your MR then this starts the clock ticking and there is a danger the DWP will do the MR before you have time to do the detailed letter and are able to send it in.

So my advice is never to telephone to start a MR always do in in letter format because you can include more information and also include aditional evidence if you have it.

Always include copies of additional evidence and make sure you add your name and national insurance to your MR Letter and at the top of any copies of additional evidence you include with your MR.

Hope that helps

Nasturtium

chiarieds

nasturtium said:

If you put it in writting in detail then even if you are not successful this MR letter will be used by the tribunal as supporting evidence for your claim if you apply for appeal.
Also if you apply for appeal the DWP may use your detailed MR letter to decide if they can make you an "offer" after you have made the appeal.

Totally agree with all that Nasturtium has said - & also if the DWP do make an offer after a claimant has decided to appeal further to a Tribunal, then this is likely because they feel a Tribunal would have given the claimant a higher award, or a longer one, or possibly both.

foxyalf

ok perfect thank you so much everyone

foxyalf

sorry another question do you have to pay for a benefits advisor please?

nasturtium

Hello foxyalf

foxyalf said:

sorry another question do you have to pay for a benefits advisor please?

You should never have to pay for welfare advise. Those that do ask for payment then I would think twice about using them. All the information you require is freely available on the internet and from this forum.

Here is a small list of sites that could be helpful.

The descriptors as posted by Chiarieds https://www.cambridgeshire.gov.uk/asset-library/personal-independence-payment-descriptors-and-scores-april-2023.pdf

PIP Form filling advice that can also be used for giving more detailed information on your MR Letter https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form-pip/ Click the links on each section to get a more detailed explination.

This document outlines the assessment criteria for Personal. Independence and explains what the descriptors mean and what the assessors are looking for when you are being assessed for a PIP entitlement https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1144278/pip-assessment-guide-part-2-assessment-criteria.pdf

PIP info site explains more about the activities and gives information about vital case law https://pipinfo.net/

Those are just a few sites that give the information your require.

Hope that helps.

Nasturtium

Jimm_Alumni

Hi @foxyalf, there are so many benefits advisers whose advice is free. You should not be paying someone for benefits advice. If you do want to speak to someone in person I recommend visiting your local Citizen's Advice. I know sometimes it's nicer to go through it with someone, as although there is so much free advice online the amount of information to take in can be overwhelming.

foxyalf

Hi everyone I wrote my MR and received yesterday a text saying that they have received my paperwork and will look into my recent PIP decision again and I should hear from them within 8 weeks is it really going to take this long I am struggling every day now?

chiarieds

Hi @foxyalf - I'm sorry to say that it can take up to 12 weeks to get a decision back on your MR. Obviously some people get them quicker than this, so here's hoping. Great that you wrote your MR.

Jimm_Alumni

Hey @foxyalf, I'm glad to hear you submitted your MR. It isn't easy, hopefully you hear from it soon.

Remember, even if you don't get the answer you want there is still the tribunal appeal process.

foxyalf

Hi I'M here again submitted my MR and again turned down but I know they haven't looked at my recent xray results etc as I have just uploaded more evidence I asked for longer via telephone so I have contacted citizens advice for a face to face appointment and help with tribunal did someone say they might come to tribunal and speak for you or do I have to go it alone as I know I couldnt't do it on my own