PIP claim not accepted due to receiving late -please help losing mobility car

stania1

hello, I am in a desperate state as my claim for pip has been denied as they said they received it late. I now have my dla stopped and have a date to return my mobility car!!
I asked for two extensions to complete the form as it was a great struggle to fill in how my disability affects me. I am suffering greatly with My health and because of this as I explained to pip advisors I have really struggled completing the form. 
I phoned the pip advisors on the Monday as I was under the impression my form had to be received by that day, as I was willing to pay for a courier that day. I was informed they should have received it by the previous Friday so it was late! At this point I went into panic mode, with all the anxiety with filling in the form and panicking of not being able to complete it fully I was confused with when it had been extended to.
 the advisor said the form was late however no letter had been sent out to state the fact. She would put a note on the system to say I was posting it that day, but don't worry as my claim hadn't been refused or any letter submitted. I requested a callback from a case manager. 
i paid for special delivery to ensure my claim for pip would definitely received by 1pm the next day.
i telephoned the following morning and informed the pip advisor my claim had been received and signed for @ 6am that morning. She added a note on the system to state this fact and once again I was informed that so far nothing had been done their end and no letters had been drafted.
i have now received a letter saying I have been refused as my form was late and my dla will stop being paid and my car needs to be handed back.
i have requested a mandatory reconsideration but am aware there is no timeline they can give me. I am housebound without transport. 
Do I sit it out and just wait for reconsideration or put in a fresh claim as well to wait for the best outcome?
i am scared, stressed out anxious and depressed with what is going to happen?
please advise the best way forward.
entirely grateful for advise in advance.

Matilda

Hi @stania1 - sounds to me like DWP did receive your PIP form in time and it's a case of the left hand at the DWP not knowing what the right is doing.  A benefits advisor will be able to advise you how to proceed.

Sam_Alumni

Oh @stania1 what a nightmare!! Can you call them and explain what you have done here? 

If you need support today, you can try calling the Scope helpine on 0808 800 3333 and speaking to the brilliant group there who may be able to offer more information and support.

BenefitsTrainingCo

Hello stania1

I'm sorry to hear of the difficulties this is causing.

I think there are some very important things to do here and i'll set these out below. But i also think it will be well worth trying to find a local service that can help you with this. For help finding a local service i suggest you contact the Scope helpline.

If the DWP decides you have "failed to comply" without good reason then it results in a negative decision on your application. It sounds as if you have asked for a mandatory reconsideration of this decision and that is the right thing to do, on the basis that you had good reasons and so the decision is wrong. This can take some time but there is no reason why it can't be done quickly and further phone calls to the PIP office and possibly a complaint may speed this up. In my experience the DWP is more likely to change the decision quickly if there is some evidence of the difficulties caused by your health/disability. And so if there is a professional (e.g. support worker, GP) who can advocate for you that would be great. If not a local advice service should be able to help. When dealing with the DWP on this it may help to have access to the guidance used by decision makers. The rules on failure to comply are paragraph P2056 here and the rules on good reason are at here. You should continue with your mandatory reconsideration and go to appeal if necessary.

You should also make a new claim, separate to the ongoing mandatory reconsideration. This is just to protect yourself against the possibility your mandatory reconsideration is unsuccessful. Again, i suggest you get help locally with the form.

Because of the knock on effects of this decision and the possible effect on your car I also recommend that you consult your local MP - the government have said they'll look into allowing people to keep their cars during the MR and appeal process and we need this to get changed as soon as possible. Your MP might also be able to help if you do need to complain about any delays.

I hope this helps
David

stania1

Thank you, each of you for your response, it has been a great help. I will keep you updated as it may help others

rehtaeh57

I have just had exactly the same thing happen. I was awarded DLA for life and told to now apply for PIP. I had 2 extensions (due to their first form getting lost in post and the 2nd date was Boxing Day, so my new date was 9 January ) so I posted completed form on 31 December (and kept a copy of the written side of the form). I heard nothing more until I received a letter from Motability dated 15 January saying they had been informed I had not been awarded ERMC of PIP and requesting my car back on 26 March. I phoned PIP who told me my they had not received my form and therefore my application was cancelled. They agreed to a mandatory reconsideration if I sent them the copy of the form I had sent. I did this and sent by tracked signed for delivery. I phoned PIP again today who said that the form would take approx 5-7 days to be scanned into their system! I have still not had the letter from PIP (apparently dated 14 January) to say my application is cancelled although I have now had a letter from my local council saying they have been informed, but it will not affect my housing benefit or council tax.
i have spoken to Motability who were very kind but said the car needs to be returned.
My car is my lifeline, I have no money to buy another and I am absolutely at my wits end now. How did the above case end?