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PIP Mandatory Reconsideration

lldivalllldivall Member Posts: 6 Listener
edited December 2017 in PIP, DLA and AA
This discussion was created from comments split from: PIP benefits expert.

Replies

  • lldivalllldivall Member Posts: 6 Listener
    Hi..first time on here really need some advice.I had my p.i.p assessment on June,got the decision in Aug that I was taken off it,my case worker put in for  madatory consideration in July,I have waited all this time,phoned them last week  to see whats happening and the dwp are saying they haven't received it,,I have been phoning my case worker every day since and still cant get a hold of her yet..Can anyone advise me what I  can do next?.Sorry if iv posted query in wrong bit?..Im really struggling with this .. 
  • JusticeJustice Member Posts: 206 Pioneering
    @lldivall, I hope you manage to contact your case worker shortly. Ask her if she sent the MR by recorded delivery, and has kept the receipt, and a copy. She should have done this. DWP often say they have not received things. They did so in our case until I told them I had a copy of the signed for delivery, then like magic they changed their tune. Always keep copies of what is sent, and always send anything recorded.
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @lldivall, I'm so sorry to hear this - how frustrating for you to have waited all that time only to be told they hadn't received it. I really hope you can get in touch with your case worker soon.

    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.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi lldivall,

    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
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • lldivalllldivall Member Posts: 6 Listener
    Thank you all for ur replies,much appreciated
  • lldivalllldivall Member Posts: 6 Listener
    Hi..im honestly losing the will to live here with this pip thing..long story cut short,put in for mandatory consideration in Aug waited 12 weeks when I phoned them they said they had not even  received it,after waiting 2 weeks eventually got my case worker on the phone to be told she would submit it again,that was 3 weeks ago,phoned pip today to be told they have received nothing,so just waiting on my caseworker phoning me back again [whenever that will be]..Can any one please tell me is there any thing else I can do regarding this as its really stressing me out now?.Thanks .
  • lldivalllldivall Member Posts: 6 Listener
    Ps my case worker is the head boss,some one said to report her but she is the boss.
  • mikehughescqmikehughescq Member Posts: 6,621 Disability Gamechanger

    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?

  • tiggs9tiggs9 Member Posts: 22 Courageous
    I have had all my benefits stopped I have osteoporosis arthritis ,I'm deaf in both ears ,I have angina,asthma,hypertension ,and suffer with really dry eyes if I walk from the toilet to my chair I get very breathless and start coughing I am having loads of tests at the moment as this is getting really bad  now I also suffer with post traumatic trauma depression and anxiety and very low mood swings they have stopped all my benefits and say I'm not entitled to anything I am waiting to go to tribunal to appeal but I have been waiting ages I have sent doctors letters medical records and even a care package that was put in place for me my husband is still helping me but we get nothing just because of the assessment that I had with capita I get very stressed out about it and feel sick in my stomach with it all I also am the border line of being diabetic and I am also a coeliac which means I have a food allergies I am allergic to wheat and gluten I find it very hard to cope with this now I have all this to worry about I'm absolutely fed up with it all yours very sincerely tiggs 9
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi tiggs9,

    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
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • tiggs9tiggs9 Member Posts: 22 Courageous
    My disability and mobility allowance from p i p and my husband's care allowance and I am not receiving any money only money my husband is getting is his pension and he gives me what he can afford to give me I've been like this since February when everything stopped and I have received a mandatory reconsideration but they said I still will have to go to tribunal citizens advice have been helping me to sign forms but that's it 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    tiggs9,

    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
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • tiggs9tiggs9 Member Posts: 22 Courageous
    Yes I have received my MR notice I have received everything I think I now have to wait for my date for my appeal 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    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

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • tiggs9tiggs9 Member Posts: 22 Courageous
    I have a really good husband I get money off of him he is always helping me and I don't know how I would cope without him he is a very caring and understanding I don't want for anything he will give me whatever I need and he still is my carer even though he receives no carers allowance he gives me what I'm supposed to have out of his pension but thank you for all your help I am getting help from cab kind regards tiggs 9
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