MR

agbra1977

Hi everyone and thank you for your replies to my previous post.

I eventually received my decision letter and report. The decision was a refusal I got 6 points in daily living and 4 in mobility. The assessor report goes against what i said but Im positive that ive got those points and that means only need to fight for some more. I  know I have to do a MR in 30 days from decision and best to do it in writing. I want to to know where to start and how to approach this any help would be much appreciated.

poppy123456

You actually have 13 months to request the MR. If you're outside of the 1 month then you must give a reason why you're late requesting it. 

When writing the letter you should state where and why you think you should have scored those points. It's fine to mention a couple of obvious errors and contradictions in the report but then put it to one side and forget about it. Concentrating wholly on this will not get you a PIP award. 

When you filled out the form if you didn't include a couple of real world incidents of the last time you attempted each descriptor that applies to you then you should do that now. Include detailed information such as where you were, what exactly happened, did anyone see and what the consequences were. 

You should aim for at least half an A4 side of paper per descriptor you think applies. 

agbra1977

Thank you for the advice I will do it as you suggested.

I have another question tho is there a form I can get from somewhere to fill out or do I just do it all myself on paper?

chiarieds

Hi @agbra1977 - there is a form, but I think a letter is far easier; just follow poppy's advice (& don't phone in to ask for a Mandatory Reconsideration).

Here's the form: https://assets.publishing.service.gov.uk/media/656088523d7741000d420162/if-you-disagree-with-a-decision-made-by-dwp.pdf

agbra1977

Thank you for all your help I will get started on it tomorrow.

Jimm_Scope

I will also mention, I found this out recently from a tribunal judge. But if the DWP decide you submitted the MR too late without good reason (called "refusal to revise") as long as you are within the 13 months from decision you can still go to tribunal.

You should try to get it done in the first month though, as putting in the MR and having the chance to have it accepted is much easier and quicker than having to wait for a tribunal.

agbra1977

Thanks again im hping to get it sent off in next couple of days

poppy123456

Jimm_Scope said:

I will also mention, I found this out recently from a tribunal judge. But if the DWP decide you submitted the MR too late without good reason (called "refusal to revise") as long as you are within the 13 months from decision you can still go to tribunal.

That's always been the case and is something I usually advise when giving advice for MR stage. The MR stage is just a pointless formality. I've never actually heard of a case where DWP have refused a late MR request. (but I'm sure it's happened)

agbra1977

Ok thanks im working on it now.

Jon7777777

agbra1977 said:

Hi everyone and thank you for your replies to my previous post.

I eventually received my decision letter and report. The decision was a refusal I got 6 points in daily living and 4 in mobility. The assessor report goes against what i said but Im positive that ive got those points and that means only need to fight for some more. I  know I have to do a MR in 30 days from decision and best to do it in writing. I want to to know where to start and how to approach this any help would be much appreciated.

All I can say based on my sole expierance is it's only yourself as a person who knows and it's like any legal process just prove it in any way or any form and u will succeed what u do is never wrong or right , and more important it's everybody who does listen have different opinions as u are never dealing with 1 person , in my case I believe u succeeded not by proving how my health condition effects my daily living but more by proving u have a health condition in the first place, then it's obvious for a person with instincts to understand how that would effect a person's life which is common sense, just need to hit lucky and find that person with those instincts good luck 

poppy123456

Jon7777777 said:

agbra1977 said:

Hi everyone and thank you for your replies to my previous post.

I eventually received my decision letter and report. The decision was a refusal I got 6 points in daily living and 4 in mobility. The assessor report goes against what i said but Im positive that ive got those points and that means only need to fight for some more. I  know I have to do a MR in 30 days from decision and best to do it in writing. I want to to know where to start and how to approach this any help would be much appreciated.

 in my case I believe u succeeded not by proving how my health condition effects my daily living but more by proving u have a health condition in the first place, then it's obvious for a person with instincts to understand how that would effect a person's life which is common sense, 

It's actually the other way around, despite what you believe. Having a health condition doesn't automatically entitle anyone to PIP. (unless you have a terminal diagnosis with 12 month or less left to live) 

Common sense or instincts have nothing to do with it. We are all affected differently by these health conditions and you never get 2 people the same. You can have 2 people with exactly the same conditions but one maybe entitled to PIP and the other may not be. This is because it's not awarded based on any diagnosis. What counts is how those conditions affect you. 

agbra1977

Yeah im definitely writing discription events that happened to me on where i think i could of score points

chiarieds

poppy123456 said:

Jimm_Scope said:

I will also mention, I found this out recently from a tribunal judge. But if the DWP decide you submitted the MR too late without good reason (called "refusal to revise") as long as you are within the 13 months from decision you can still go to tribunal.

That's always been the case and is something I usually advise when giving advice for MR stage. The MR stage is just a pointless formality. I've never actually heard of a case where DWP have refused a late MR request. (but I'm sure it's happened)

Totally agree with poppy. The ADM (Advice for Decision Makers) A3: 'Revision,' says under the section about 'Late Applications,' beginning at para A3050, that the one month time limit can be extended, & at A3054 so long as there are 'special circumstances' for the lateness [in replying]. Then at A3055 ''The term “special circumstances” is not defined in legislation and should be interpreted broadly.''

Please see: https://assets.publishing.service.gov.uk/media/659ecd14e8f5ec000d1f8b4b/adma3.pdf

Rather difficult for the DWP to then disagree with their own guide!