Pip mr

poppy123456

You need to remember that for the MR a different decision maker will come to another decision. For this reason they may have different thoughts to the first decision maker that made the original decision.

You only get one chance at the MR stage. Why would you want to do another MR when most MR decisions remain the same anyway. 

You can give all your reasons for where and why you think you should have scored points at the next stage, which is Tribunal. 

Jon7777777

poppy123456 said:

You need to remember that for the MR a different decision maker will come to another decision. For this reason they may have different thoughts to the first decision maker that made the original decision.

You only get one chance at the MR stage. Why would you want to do another MR when most MR decisions remain the same anyway. 

You can give all your reasons for where and why you think you should have scored points at the next stage, which is Tribunal. 

Aww yes I understand different people will have different thoughts opinions, but if you are given a reason then you reply back by Mr to prove it's incorrect, and the reply does not address it but gives a different reason that you can't reply back does not make sense as when u go to tribuneral you are disagreeing with the MR so the tribuneral are looking at what they say and your reply, so legally are they allowed to put something to the courts we're you have not had a chance to reply to        in my case it would look like I have replied back to the decision but because I have proved it another reason has been addressed and the first one then ignored, of decisions are ignored and another one made up that u can't reply to then what is the point of a Mr 

Jon7777777

Jon7777777 said:

poppy123456 said:

You need to remember that for the MR a different decision maker will come to another decision. For this reason they may have different thoughts to the first decision maker that made the original decision.

You only get one chance at the MR stage. Why would you want to do another MR when most MR decisions remain the same anyway. 

You can give all your reasons for where and why you think you should have scored points at the next stage, which is Tribunal. 

Aww yes I understand different people will have different thoughts opinions, but if you are given a reason then you reply back by Mr to prove it's incorrect, and the reply does not address it but gives a different reason that you can't reply back does not make sense as when u go to tribuneral you are disagreeing with the MR so the tribuneral are looking at what they say and your reply, so legally are they allowed to put something to the courts we're you have not had a chance to reply to        in my case it would look like I have replied back to the decision but because I have proved it another reason has been addressed and the first one then ignored, of decisions are ignored and another one made up that u can't reply to then what is the point of a Mr 

So if the reply back from a different person stated I agree you do not take any medication for your eating disorder and that person was wrong  however I have looked at your claim again and I give this reason would be the correct reply and professional, but the way it's been done to me looks like we'll we will loose in tribuneral with that we will think of a different reason 

poppy123456

This is one of many reasons why you shouldn't concentrate wholly on the decision itself and the reasons for refusal. What you need to do is concentrate on where any why you think you should have scored those points. That's the whole purpose of challenging the decision. 

The way you're thinking is like you're saying that the MR process should be ongoing and you just want to argue back and forth with the reasons for each decision but that's not how it works. 

The MR is just another added process that's actually a waste of time in my opinion because the majority of decisions don't change anyway. 

At Tribunal there's more chance of success if you either appear in person or have a telephone/video hearing. 

Everything you've sent up to now to support your claim will be sent to the Tribunal. They are there to listen to you and you will have chance to have your say. 

The MR process is done and now it's time to move forward with the Tribunal, should you choose to continue. 

Jon7777777

poppy123456 said:

This is one of many reasons why you shouldn't concentrate wholly on the decision itself and the reasons for refusal. What you need to do is concentrate on where any why you think you should have scored those points. That's the whole purpose of challenging the decision. 

The way you're thinking is like you're saying that the MR process should be ongoing and you just want to argue back and forth with the reasons for each decision but that's not how it works. 

The MR is just another added process that's actually a waste of time in my opinion because the majority of decisions don't change anyway. 

At Tribunal there's more chance of success if you either appear in person or have a telephone/video hearing. 

Everything you've sent up to now to support your claim will be sent to the Tribunal. They are there to listen to you and you will have chance to have your say. 

The MR process is done and now it's time to move forward with the Tribunal, should you choose to continue. 

Yes I agree the mr is a waste of time unless it's the same person who looks at it again, but if it's done in a professional way trained people should accept they made the wrong decision, by doing what they do just indicates inconsistency which what courts tribunerals looks for, but in due respect with outlining this issue with the lady today she did give me the option to reply back with evidence based on the second reason which in theory is a second Mr weather this  is what happens or not she did offer this to me which I will do once I receive the letter and the reason in writing  I feel she has done this is she knows the process is not professional, if then I am refused I will go to tribuneral as I can also prove the second like the first, it's highly confusing why things are not accepted as it costs more to go to tribuneral, I honestly now believe based on instincts if the decision letter was actually posted in the first place, seams strange how u can get a sms message to say Mr received but u don't get a sms message to state the decision has been posted back If I had of waited weeks months and never phoned up I would never know 

poppy123456

The person you spoke to today was someone from a call centre who will have very little benefits knowledge. They sit there reading from a screen. What they advised you is wrong. You can’t request another MR and you will be wasting your time. 

You need to move on from the MR and continue with Tribunal because you will have more chance of a decision in your favour. Your time will be better spent doing this. 

The waiting times for hearings are already very long and you’re only delaying the process even further. 

Texts are not usually sent once the MR decision is made.

Jon7777777

poppy123456 said:

The person you spoke to today was someone from a call centre who will have very little benefits knowledge. They sit there reading from a screen. What they advised you is wrong. You can’t request another MR and you will be wasting your time. 

You need to move on from the MR and continue with Tribunal because you will have more chance of a decision in your favour. Your time will be better spent doing this. 

The waiting times for hearings are already very long and you’re only delaying the process even further. 

Texts are not usually sent once the MR decision is made.

The person I spoke to on the phone was a case handler it was the same lady that rang me the day before my interview,and she deffinally said I will open a second Mr and can u send medical evidence in about not eating properly  she also said if I had no evidence I could still appeal which I knew, when  I receive the letter I am going to phone up again and then ask a different person as she said I will log it on ur file u are sending in more evidence I asked her can I send a statement from my partner to state I don't eat properly every day hence prompting she said no had to be medical so if those are accepted then it quite clearly indicates she is just saying anything 

poppy123456

This is all very odd. You said you rang PIP. When you ring them you don’t usually speak to a case manager, it’s someone from a call centre. Unless you ask to speak to one and then sometimes they will put you through but it’s rare for them to do this. 

Evidence doesn’t have to be medical, it can be letters from someone that knows you well.

Jon7777777

poppy123456 said:

This is all very odd. You said you rang PIP. When you ring them you don’t usually speak to a case manager, it’s someone from a call centre. Unless you ask to speak to one and then sometimes they will put you through but it’s rare for them to do this. 

Evidence doesn’t have to be medical, it can be letters from someone that knows you well.

Hi poppy when I rang I did go threw to the call centre for update they informed myself that it had been posted out when I said I had not received it they then put me threw to the case handler the same lady I spoke to before as she was Scottish u never forget the voice or accent, well thank u that explains it they are all trying to fob me off she said a staement from say my partner would not be accepted had to be medical, phoned the courts they told me it does not matter u have not recueved it u have 12 or 14 months to appeal  start ur appeal online and we will request everything I don't need to give a reason 

poppy123456

You didn’t once mention you actually spoke to a decision maker/case manager when I was advising you last night. 

I can only advise based on the information you give…😳

Jon7777777

poppy123456 said:

You didn’t once mention you actually spoke to a decision maker/case manager when I was advising you last night. 

I can only advise based on the information you give…😳

No I just said I spoke to a lady because I don't understand the process and different people, but she was the case manager who I was put threw too, and she told me that I needed to send more medical evidence in to address the second reason and that's the confusion they have ignored the first reason and thought of another yes different person but the first reason can't be ignored like that as it will be in the bundle for my appeal, but they have ignored it not acceoted my clear evidence and moved to something else 

Jon7777777

poppy123456 said:

You didn’t once mention you actually spoke to a decision maker/case manager when I was advising you last night. 

I can only advise based on the information you give…😳

Morning poppy can u clarify something for me please does prompting mean encouraging someone to eat that does not eat at all  or someone who does eat very little and need prompting to eat more to keep healthy thank you 

poppy123456

Having looked back at previous threads I see you mentioned you have an eating disorder, is that correct? If so then needing prompting to eat because you eat very little then this should be 4 points. See link. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#daily-living-

Cases where what is being consumed is so beyond any reasonable or rational view of what constitutes food or drink that it does not amount to ‘taking nutrition’ are possible but will be very rare. However, if a claimant needs prompting to eat because they have a physical or mental condition that affects their ability to make active choices about the food they consume (for example claimants with a learning disability or an eating disorder who because of that disorder need prompting to undertake the physical act of eating), they’ll qualify under descriptor D.

Jon7777777

poppy123456 said:

Having looked back at previous threads I see you mentioned you have an eating disorder, is that correct? If so then needing prompting to eat because you eat very little then this should be 4 points. See link. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#daily-living-

Cases where what is being consumed is so beyond any reasonable or rational view of what constitutes food or drink that it does not amount to ‘taking nutrition’ are possible but will be very rare. However, if a claimant needs prompting to eat because they have a physical or mental condition that affects their ability to make active choices about the food they consume (for example claimants with a learning disability or an eating disorder who because of that disorder need prompting to undertake the physical act of eating), they’ll qualify under descriptor D.

Thank you very much poppy I have had ods for 6 years which has caused for the past 2 years a eating disorder were I don't eat breakfast dinner tea suppa like a normal person I mite go a day with nothing or when I do eat I snack and I get prompted every day by my partner and family to try and eat more , I have decided to take your professional advice and I have started my appeal as the dwp are reluctant to give me 4 points for prompting, I have tried my best to be amical so will put my claim to tribuneral 

Jon7777777

Jon7777777 said:

poppy123456 said:

Having looked back at previous threads I see you mentioned you have an eating disorder, is that correct? If so then needing prompting to eat because you eat very little then this should be 4 points. See link. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#daily-living-

Cases where what is being consumed is so beyond any reasonable or rational view of what constitutes food or drink that it does not amount to ‘taking nutrition’ are possible but will be very rare. However, if a claimant needs prompting to eat because they have a physical or mental condition that affects their ability to make active choices about the food they consume (for example claimants with a learning disability or an eating disorder who because of that disorder need prompting to undertake the physical act of eating), they’ll qualify under descriptor D.

Thank you very much poppy I have had ods for 6 years which has caused for the past 2 years a eating disorder were I don't eat breakfast dinner tea suppa like a normal person I mite go a day with nothing or when I do eat I snack and I get prompted every day by my partner and family to try and eat more , I have decided to take your professional advice and I have started my appeal as the dwp are reluctant to give me 4 points for prompting, I have tried my best to be amical so will put my claim to tribuneral 

Morning poppy more advice needed my Mr so decision was made on the 23rd December, but I have never received it, I phoned up for a update on the 21st Feb hence I was told it had been made  and was told it would be sent out, with not receiving nothing I have been on phone a few times, so with them either not sending it or lost in post etc, if they found out any more evidence to support there case knowing I have not got it add it on and change the date on the letter then send another one out say dated today as the decision was made, if they use a phone call as evidence at appeal do they need to tell me first, and do I have a right to listen to the phone call thus is getting more complicated than I thought wish I never even did it thank you 

poppy123456

I'm not sure what you mean by this, sorry. 

Jon7777777 said:

 if they found out any more evidence to support there case knowing I have not got it add it on and change the date on the letter then send another one out say dated today as the decision was made, if they use a phone call as evidence at appeal do they need to tell me first, and do I have a right to listen to the phone call thus is getting more complicated than I thought wish I never even did it thank you 

If you're worried about the 1 month timeframe then don't be because you have 13 months to request the Tribunal. You will need to make sure you tell them why you didn't request it within the first month. DWP not sending you the decision letter is good enough reason, as they won't usually refuse a late appeal, providing it's no longer than 13 months, which it isn't. 

Jon7777777

poppy123456 said:

I'm not sure what you mean by this, sorry. 

Jon7777777 said:

 if they found out any more evidence to support there case knowing I have not got it add it on and change the date on the letter then send another one out say dated today as the decision was made, if they use a phone call as evidence at appeal do they need to tell me first, and do I have a right to listen to the phone call thus is getting more complicated than I thought wish I never even did it thank you 

If you're worried about the 1 month timeframe then don't be because you have 13 months to request the Tribunal. You will need to make sure you tell them why you didn't request it within the first month. DWP not sending you the decision letter is good enough reason, as they won't usually refuse a late appeal, providing it's no longer than 13 months, which it isn't. 

Yes thank u, what am trying to explain is if decision was made on the 23rd but never got letter could the dwp edit the decision and change the date to say the 10th Feb, also how does phone call evidence work in a appeal if the dwp present it thank u

poppy123456

Why would DWP want to change the date? Sorry but I don't know what you mean by phone call evidence. The date the decision was made on the MR doesn't really matter here anyway because it's still less than 13 months. You can continue to Tribunal. 

Jon7777777

poppy123456 said:

Why would DWP want to change the date? Sorry but I don't know what you mean by phone call evidence. The date the decision was made on the MR doesn't really matter here anyway because it's still less than 13 months. You can continue to Tribunal. 

In regards to phone calls if you  do  a Mr by phone can the dwp record it and submit it as evidence at tribuneral, and if they can would u be able to get a chance to listen to it.
Thank u

Jon7777777

Jon7777777 said:

poppy123456 said:

Why would DWP want to change the date? Sorry but I don't know what you mean by phone call evidence. The date the decision was made on the MR doesn't really matter here anyway because it's still less than 13 months. You can continue to Tribunal. 

In regards to phone calls if you  do  a Mr by phone can the dwp record it and submit it as evidence at tribuneral, and if they can would u be able to get a chance to listen to it.
Thank u