NO RESPONSE TO REQUEST FOR MANDATORY RECONSIDERATION

ADEtope2

I had a stroke on the 23erd of June 2015 and got a PIP award from 9th 2015 to 6th Nov 2016.

I sent out my reapplication form on the 8th of August 2016

I got a letter dated 22 August requesting more information. These were my visa, passport and any other letter that came with my visa. These I sent through Jobcentre plus and got a receipt.

I later got another letter stating that I had not complied with requests made on the 22nd of August 2016

The same day I got this letter, I recent the requested documents and got a receipt dated 30 August 2016.

I now got a response dated 12 September telling me that PIP would not be awarded to me because.

1.  I have not lived in the UK or I have lived somewhere else for more than one year within the past 3 years.

2. I do not have the right to live in the UK or

3. I am subject to immigration control or a sponsored immigrant.

I went to the CAB where I was advised to write a letter titled Mandatory reconsideration because non of these 3 reasons given by PIP applied to me as I have lived and worked legally in the UK for over 10 years,

This letter was dated and handed in to the Jobcentre PLUS on the 30th of Sept 2016. I was issued a receipt again.

I got no response from PIP.

I got someone to call PIP on my behalf (in my presence), A PIP staff (name withheld) confirmed that my request for Mandatory reconsideration was received by PIP on the 4th of October 2016 but there has not been any action on it. And she was almost sure that it would be registered soon and a notice letter sent to me.

To date, I never got any notice letter.

On the 15th of November, I sent in a letter titled CHANGE IN STATUS to PIP. I attached my biometric visa showing my stay becoming indefinite to remain. The new visa overlapped the old one by 4 days.

So weeks later, I received a phone call acknowledging my change in status.

No notice of reconsideration.

The CAB on my behalf called PIP to find out about the reconsideration on the 28.11.2016 and was told that there has not been any activity on my application. CAB told me to wait a bit longer.

My Doctors sent a letter on the12th of Jan to the effect that the wait for a decision from PIP is driving my blood pressure up. I was told by the doctors that if the blood pressure is not controlled, I might have a restroke.

I am scared of having a restroke.

To date, PIP has not responded.

I need urgent advice on what to do please.

 

salwil89

@ADEtope2 Hi. Having read about your experience, all I can say is that if your passport shows that at anytime, during the validity of your PIP award that you have been out of the country for more than three weeks, then this can affect your PIP application and any attempt to reapply is then also affected. If not, then I would suggest you contact your Disability Advisor at your Local Job Centre to see what advice is on offer.  I know that applying for a Mandatory Reconsideration can take a while. In some cases I have heard up to nine months.  If you continue to be dissatisfied, then contact your local MP and lodge a complaint. I have heard that this has great impact. Good luck! 

BenefitsTrainingCo

Hi ADEtope2

Sorry to hear about the difficulties you are having.

I agree with what salwil89 says about contacting your MP because they will be able to contact the DWP on your behalf and find out why they have not responded to your request for a mandatory reconsideration. You can find out who your MP is here.

I would also submit a complaint which in the first instance you should send to the office that made the decision.

Best wishes

Paul

salwil89

@BenefitsTrainingCo Thank you! 

ADEtope2

Thank you salwil89.
Thank you Paul.
@salwil89: thank you
@BenefitsTrainingCo: Thank you

ADEtope2

i have never been out of the country for more than 10 days.

salwil89

@ADEtope2 - go to your MP asap and get this sorted out. Also I have noticed that @BenefitsTrainingCo are available to help out with this issue. So good luck and best wishes.

ADEtope2

@salwil89, How do I get @BenefitsTrainingCo interested in my case or how do I solicit their advice?

Matilda

Post a question in the 'Ask a benefits advisor' category on this site.

salwil89

Hi @ADEtope2 - I am not too sure myself but my guess is as follows.  You have two options.

Either you click on @BenefitsTrainingCo and type your query directly to them or; go to the top of this page and click on the Online Community option which then takes you into the community itself.  Scroll right down to the bottom where there is the following and you will see there is the option to talk about PIP.

Employment, finances and disability benefitsEmployment issues, finances and ESA
What benefits am I entitled to?
Talk about PIP/ DLA
Ask a benefits advisorGood luck. I hope this helps you.

ADEtope2

@salwil89 Thank you. You are awesome.

Matilda

@ADEtope2 - just realised this is the 'Ask a benefits advisor' category! So you are in the right category already.  The benefits advisors will answer your question in due course.

ADEtope2

@Matilda Thanx.

salwil89

@ADEtope2 - Thanks!

BenefitsTrainingCo

ADEtope2,

I don't think I have much to add to my colleague Paul's advice above. You have indefinite leave to remain and you haven't been out of the country so it seems you are someone allowed to claim public funds, and you meet the 'past presence' test (you've been here for at least 104 weeks in the 156 weeks before your claim), and I assume you're 'habitually resident' here - this is your home.

This does make it sound as if the PIP decision is right, and the CAB gave you good advice on requesting the mandatory reconsideration (MR). After this amount of delay, I would definitely start the complaints process (you can ask the CAB about this too), and consider approaching your MP. When you complain, do mention the effect on your health. As Paul says, start your complaint with the DWP office you're dealing with about your PIP.

Will

ADEtope2

@BenefitsTrainingCo : Will Thank you but I do not understand your second paragraph..."This does make it sound as if the PIP decision is right".

Alex

Hi @ADEtope2,

How's are you?

Have you heard from the DWP yet - and did you make a complaint?