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pally Member Posts: 1 Listener
edited April 2017 in PIP, DLA, and AA
I have joined this community chat to try and get  some advice for my sister. She has been on disability living allowance, now pip for 6 years. She had to go for a medical in December and she given 0points and taken off pip. She wanted to  appeal but had to  obtain a mandatory recommendation. She  missed the date it was due to be sent in, ( due to her gathering information from her GP, consultant's, councillors etc) she rang and explained why there was a delay, but the gentleman she spoke to was very rude not at all helpful, and told her to seek advice from citizen advice. As he didn't know what she could do about it. I'm extremely worried about her well being,  she is very  nervous, depressed, she has rumatoid authritis, & asthma. Her feet and hand are becoming deformed. I don't know what to do to help her, can anyone point me in the right direction, so i can help her. This is a very serious situation. Thank you


  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,676 Disability Gamechanger
    Hi @pally

    There is lots of information online about appeals and Mandatory Reconsideration.  As you know, it is meant to be in within one month, but it does say here:
    If you’ve missed the 1 month deadline, you can still apply for a reconsideration, as long as it’s within 13 months of the decision. You’ll need to give a good reason for being late, like a bereavement or being in hospital.
    The DWP doesn’t have to consider a late application, so try to send your letter as soon as you can. Explain in the letter why your application is late, as well as why you disagree with their decision.
    Senior online community officer
  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,676 Disability Gamechanger
    You can also speak to our helpline on 0808 800 3333 or contact CAB 
    Senior online community officer
  • Abnoba
    Abnoba Member Posts: 14 Listener
    Can you call on her behalf and send a back up letter explaining why it was late? Either way she/you should call them again -some of the DWP staff are better than others- it's hit and miss. When you call ask the person to send an email to the actual office dealing with her claim explaining why she was late replying. Also see the following link for more information on the subject: http://yourable.com
  • wildlife
    wildlife Member Posts: 1,308 Pioneering
    @pally, What a sad situation. As your sister has had her assessment and collected evidence, to have come so far and be rejected, is hard to take. It certainly is worth fighting to do a late Mandatory Reconsideration but you will need a good reason why it is late and from what you say gathering evidence or not knowing the timescale which is mentioned on the original decision letter may not be accepted. Your sister should have kept in contact with DWP while gathering the evidence to ask for more time or preferably have written a letter headed Mandatory Reconsideration and put in it that more evidence was to follow. I would try contacting your sister's MP to see if he/she will help. You could also book a call back from a Decision Maker who will need to speak to your sister first for security but may be agreeable to have a chat with you about whether they'll accept such a late MR.
                   It sounds as if your sister is struggling to deal with her own affairs, at least the benefit side of things, and if she agrees you could become her official appointee. If you do ring to book a call back you could request for this to be arranged. You would then be able to do everything that your sister would normally do and this may avoid a similar situation as you have now in the future. Find out what this would entail first to decide whether this would suit both of you.  
               Did the DWP send her the assessor's report? If not you can ask the DWP for a copy to be sent to her. This will give you an idea what went wrong for her to be awarded 0 points. Also have a look at the PIP points system to get an idea what she should have been awarded. If you cannot get the DWP to accept the late MR ask for advice from whoever you speak to as to your next move which will probably have to be a new claim but the timescale is important as making a claim so soon after a rejection may be turned down. As her present claim has resulted in 0 points this may not be a bad thing but a future claim will be more likely to be successful if you know what went wrong and do some homework on how to make a successful claim. At least it would be a step in the right direction. 


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