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PIP Mandatory Reconsideration
lldivall
Member Posts: 6 Listener
This discussion was created from comments split from: PIP benefits expert.
Replies
Good advice from @Justice r.e. recorded delivery, and I've also moved this post into our benefits advisor category in case they have any further suggestions.
If you haven't been able to get hold of your caseworker and this continues to be the case you should consider speaking to the manager of the team to find out what is happening as the MR that she has done needs to be sent again if the DWP say they haven't received it.
Lee
Okay, so, what actually needs to happen here is as follows:
1) If you can phone them to find out where it's up to then you can phone them to register a mandatory reconsideration. Some staff will tell you that you cannot do this over the phone or that you cannot do this without new or new medical evidence. Both of these things are nonsense. Politely end the conversation; give it 5 or 10 minutes and ring again until you get someone who will accept the request over the phone.
2) You don't need to give grounds for an MR (it's a compulsory "look again") but where it is outside the 1 month then you need to give grounds for lateness. That's not difficult as you've already explained it all in writing here. DWP can refuse to accept a late request but that's okay and nothing to worry about. If they refuse to accept a late application they still need to issue a decision to that effect and recent case law confirms this. They may need a reminder to do this.
You could quote [2017] UKUT 0324 (AAC) which is a binding Upper Tribunal decision (3 judges) but far better to quote their own guidance at DMG 17/17 and ADM Memo 21/17
Being quoted your own guidance and not knowing it is always a bit embarrassing so go for it. They will also have the awkward little problem that legally they ought to have accepted that your previous calls amounted to a request for an MR. There is nothing in law which requires you to use the phrase MR to trigger one.
As previously, the advice re: recorded delivery is not needed. There's no need to send anything by post in this sort of case. There's no evidence it works and where a phone call can start the process there is simply no need.
3) Only around 20% of MR cases change the original decision so you may be best just powering through this stage as quickly as you can to get to appeal.
4) Separate to the above you may wish to have a conversation with your caseworker which focuses on the lack of action. If you win your case there will have been no loss of money but had this dragged on beyond 13 months (for example) then there most certainly could have been and there would appear to be legitimate grounds for complaint. The fact that someone is in charge does not absolve them of the responsibility to act where they have said they would do, but... unless you have an appointee etc. then ultimately the responsibility to meet a deadline like the one for MR falls onto the claimant.
5) Finally, you need good notes. What happened and when?
When you say you have had all your benefits stopped, which ones do you mean? Have you had assessments for ESA and PIP and lost them both?
Either way, you need to ask for a mandatory reconsideration (by phone or letter), you have already provided some supporting medical evidence, and you need to identify which point-scoring descriptors you satisfy. You can also phone the DWP and ask to see a copy of the medical report so you can see where the inaccuracies are.
If you can let us know whether it is ESA or PIP (or both) that you are disputing we can provide you with the link to the appropriate descriptors.
Do you have any income at all now? Please tell us a bit more about what benefits have stopped and what income, if any, you and/or your husband receive now and we will be able to advise further.
Lee
So it sounds as if your PIP has stopped and that's why your husband's carer's allowance has stopped too. If you are getting help from CAB then they should do a check to see if there's anything else you can claim in the meantime. For example, depending on how old your husband is he might be able to claim Pension Credit for you both, or you might be able to claim income-related employment and support allowance for you both (unless you are in an area where Universal Credit applies). But I'd ask citizens advice about this as they will be able to provide you with the correct advice about whether there's anything you can claim whilst you are appealing. It will depend on lots of things including your husband's age and where you live.
It sounds as if you have now received your mandatory reconsideration notice, so the next step is the tribunal, and it also sounds as though citizens advice have helped you to put in your appeal form (form SSCS1). If the appeal hearing is successful, and your PIP is restored, your husband should get his CA back too - he'll need to make a claim but can get arrears (backdating) to the date your PIP ended.
But obviously what you need is some advice on what to claim now and I hope citizens advice can help you with that too. You could also use the benefits calculator.
lldivall, have you had an MR notice yet?
Will
Hi @tiggs9
So just to be clear, are we looking at three refusals here? PIP for you, PIP for your partner, and ESA for you?
With all of these benefits the appeal process has two stages - (1) Mandatory Reconsideration; (2) Appeal.
I think you need to just double check that stage (2) is live. CAB have got you to sign forms, but what were they and have they been submitted?? If appeal forms (SSCS1) have been sent to the Tribunals Service either by yourself or on your behalf by the CAB, and the cases are waiting to be listed, then yes you are right in thinking you are now just waiting. If the appeal forms have not been sent then urgent action is required. You would not be out of time to send late appeals, but would certainly need to deal with this right away.
Even if your appeals are all in and logged with the Tribunals Service, you could still be working on the appeals by gathering evidence and preparing yourself for the hearings - if the CAB are representing you speak to them about this - if they are not, then have a look at their website about what might be useful:-
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/
On an unrelated note - if your partner is claiming Pension Credit, then there may be little point in appealing the ESA decision in any event. If he is not claiming then look into whether he could https://www.citizensadvice.org.uk/benefits/older-people/benefits-for-older-people/#pension_credit if he is already getting this, then this should be a joint claim, and he should not just be giving you 'what he can afford' but recognising that this is a joint claim designed to support you both equally.
Hope this helps
Kind regards
Mary