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DWP mess up my Mandatory Reconsideration

Neil06Neil06 Member Posts: 23 Connected
edited February 2018 in PIP, DLA and AA
Hi everyone can anyone help me I was turned down for PIP on the 16.01.18 I phoned up and asked for a copie of the assessor report to help me with my mandatory reconsideration. On the 29.01.18 I phoned the DWP PIPto let them know I would be requesting a mandatory reconsideration and that I would be putting this in writing to them on what I was appealing against with all the evidence that their decision maker said that their was none of provided at the time I sent in my claim pack yet their was over 40 pages worth sent in I was told that I had 28 day from the 29.01.18 to send in my mandatory reconsideration.
on the 30.01.18 I sent off my mandatory reconsideration with all the evidence again by recorded delivery it was signed for on the 31.01.18 by a member the DWP PIP.
on the 06.02.18 I get a letter back off the DWP PIP  dated the 30.01.18 saying that my request for my mandatory reconsideration had been turned down and the decision still stands has I did not tell them what I was appealing or send in any evidence remember I did not post this off till the 30.01.18 and it was signed for off them the next day so how can someone turn me down with out giving me the time to get in my mandatory reconsideration first?
i phoned up on the 06.02.18 to ask why the letter dated the 30.01.18 was sent out turning my mandatory reconsideration down I pointed out to them that I only called up on the 29.01.18 to request my mandatory reconsideration and that I sent it off on the 30.01.18 which they got on the 31.01.18 I was told not to worry someone would still be looking at it .
on the 14.02.18 I called back up to make sure what I had been told the week before was right only to find out that no one has even looked at it has this was with the letter that was sent out dated the 30.01.18 turning me down  yet they cud see I only requested my mandatory reconsideration on the 29.01.18 and that the person who sent that letter out dated the 30.01.18 had not given me my 28days to get my mandatory reconsideration in to them but that they would get someone to look at it that day or the next and I would get a letter by the end of the following week letting me know what the out come would be. But in the mean time I was to put in my tribunal appeal just in case the out come does not go my way but if the out come did go my way all at to do was call up the tribunal serves and cancel it today the 17.02.18 I have had a letter from the DWP PIP saying on that they have received further evidence for your decision dated 16.01.18 however we're not able to change the decision and I must make my appeal to the tribunal services. Has anyone else had this problem?

Replies

  • debsidoodebsidoo Member Posts: 327 Pioneering
    Hi Neil06
    You could ask Dwp to relook at mandatory reconsideration if the evidence provided was signed for after dare of decision.
    If not I would say go to appeal tribunal.Stating that you have other evidence to take into account.
         Debsidoo.x
  • Neil06Neil06 Member Posts: 23 Connected
    Hi @debsidoo I did ask them to look at my mandatory reconsideration to say I only called them up on the 29/01/18 and I was sending into them in writing what I was appealing against. I send it off to them on the 30/01/18 they signed for it the next day but I got a letter off them dated the 30/01/18 turning me down I called them up to say I only sent it into them on the 30/01/18 and that they got it the next day but they sent a letter out dated the 30/01/18 turning my mandatory reconsideration down a day after I called to say I was requesting one and that I was sending it into them in writing I was told someone would still be looking at it but I got a letter a few day ago saying that it was to late and I was to take it to tribunal which I have done.
  • debsidoodebsidoo Member Posts: 327 Pioneering
    Hi Neil06 
    It May be an idea to include a photocopy of receipt and signed for information with your submission to tribunal.It won’t make a difference to their decision as they base it on medical evidence but it will show them how your case has been dealt with so far.
          Good luck Debsidoo.x
  • Neil06Neil06 Member Posts: 23 Connected
    @debsidoo I put photocopy in of the postage dated the 30/01/18 and who signed for it on 31/01/18 and at what time I also put in a copie the letter dated the 30/01/18 that they sent me turning me down on my mandatory reconsideration before letting me got into them. So this will show that the DWP did not allow me my 28days that am aloud to get it into them this means my legal rights had been denied.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    edited February 2018
    Hi Neil06,

    When you register your appeal with the tribunals service, the DWP will be advised that you have appealed and an appeal writer will prepare all the documents relating to the case. This appeal writer can lapse the appeal and award benefit if they think the decision is wrong. There isn't any need to worry about what has happened - in any case, unless the extra evidence you sent in was overwhelming they won't change the decision anyway and any evidence that wasn't considered to make the MR decision will be considered when the appeal writer prepares his submission.
    If you case does go to tribunal please make sure you attend in person as you have a much greater chance of success and try to obtain representation from a benefits adviser in your local area if possible. Contact the Local Authority and enquiry as to whether it has a Welfare Rights team to represent your case.
    Good luck!

    Lee 
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • wildlifewildlife Member Posts: 1,316 Pioneering
    @Neil06 You have done nothing wrong so why should you back down and have to wait months to go to Tribunal. I agree you need to apply for an Appeal just in case you can't sort this out and to keep all your options open. However if this was me i would be on the phone to DWP telling them you are recording the call and keeping a record of who you speak to and the time and date of the call. Record all your other contact with them over this if you can remember. Ask to speak to a case manager and tell DWP they are in the wrong. It's a pity you didn't keep a record of the call you made when you were given a further 4 weeks to do your MR letter. This happened to me and it worked well. They waited for my MR and did it to the agreed timescale. Also from what you've said you sent in lots of evidence which wasn't used at all so you should have a good chance of turning things in your favour at MR stage. Stand up for yourself. I did and had a second MR which gave me the award I was willing to accept. It makes me so mad when we're told to back down and given the impression there's nothing we can do. Contact your MP as well and see if they'll help. They have a contact line specially for dealing with this type of gross injustice. Good Luck be determined. I don't know how strong your evidence is but you deserve it to be reviewed now. 
  • Neil06Neil06 Member Posts: 23 Connected
    @wildlife hi I did keep a record on what days what times and who I had talked too and what was said a copie of this has been sent off to the tribunal serves with copies on what I was appealing on with all the evidence that they have said from day one that their was none of but was a
    l sent into them from day one. I have also put in a letter that was dated the day after I called up turning my mandatory reconsideration down showing that they never give me the 28 days to send it into them as well as prof of postage showing the day I sent it in and showing them signing for it the next day. As I have said I called up on the 29.01.18 was told I had 28days to send in my mandatory reconsideration I send it off to them on the 30.01.18 was signed for by them on the 31.01.18 but they turned my mandatory reconsideration down on the 30.01.18 the day after I called up to request it.
  • wildlifewildlife Member Posts: 1,316 Pioneering
    @Neil06 Sorry for assuming you hadn't been keeping records. I still think you shouldn't have to wait for a tribunal hearing and hopefully you won't when DWP become aware of the mess they've made of your MR. 
  • Neil06Neil06 Member Posts: 23 Connected
    @wildlife the DWP are aware of the mess as the day I got the letter dated the 30.01.18 off them them the day after I called up to request a mandatory reconsideration turn it down I called up to ask them why I been turned down the day after I phoned them and that I only sent off my appeal to them on the 30.01.18 which they signed for on the 31.01.18. I was told that someone would still look at it as I did not get my 28 days to send it in and they can see I only phoned in to request it on the 29.01.18 I was to still to send off to the tribunal in case I don't the outcome I may hope for but if I did get the outcome I can cancel the tribunal 3days after that phone call I got a letter saying it was to late for them to look at it and I was to talk it to the tribunal serves yet I was still well in my 28 days to request my mandatory reconsideration yet they have said that the person that turned me down the day after I phoned up did not give me the 28 days to get my mandatory reconsideration into them and she should given me the 28 days before she should sent the letter out turning me down.
  • wildlifewildlife Member Posts: 1,316 Pioneering
    @Neil06 It may help you to work out which letters have been automatically churned out by a computer even though things have changed. 
  • thgunthgun Member Posts: 10 Connected
    I speak for everyone hear. PIP discriminates those with mental health. The way the assessors have set out these questions and assessments are done in such away that unless you have a trained specialist with you,  you are going to fail no matter what you say or how you answer the questions. There is a report out there that says the DWP have been responsible for a number/most of the suicides regarding PIP and other benefit clames regarding people with mental health. Those who have disabilities and come from a wealthy background do well suceed but if your from a disadvantage background you are left to rot.  
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hello Neil06

    Have you made a complaint to PIP? As when you called on 29/1/18 it sounds like you gave no grounds as to why you were challenging their decision.  That is you did not explain in full why you disagreed with their decision, you merely explained that you wanted to challenge the decision and would send further evidence.  If this is the case, when a decision maker looked at the case on 30/1/18  they had no further information and evidence to go on, and had failed to wait for the evidence and as such grounds of challenge that you were to supply. The complaint being not only did they fail to give you time to supply the evidence they also failed to fairly and justly consider your case.

    A decision maker will look at all the evidence again when your appeal is being prepared, but the point is that you were not given a fair chance at mandatory reconsideration stage due to the expeditious way a decision maker considered your case. 

    Good luck

    Maria
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Neil06Neil06 Member Posts: 23 Connected
    @BenefitsTrainingCo like I told them on the 29.01.18 when I phoned the DWP that I was requesting. Mandatory reconsideration and that I would be sending into them in writing what I was appealing against as well as sending in all the evedince that they said their was none of from the start of the claim yet 40 something pages was sent in. I phoned up on the 6.02.18 as I got a letter dated the 30.01.18 saying my mandatory reconsideration had been turned down  I was told on the phone not to worry someone would still be looking at it,  I phoned back up on the 14.02.18 to make sure what I had been told on the 06.02.18 was right only to be told no one had even looked at it and that was over the letter that was dated the 30.01.18 from them turning me down I explained I only phoned on the 29.01.18 to request a mandatory reconsideration and I was sending in to them in writing what I was appealing against and I was told I had 28 days from that day to send it in, I sent off my mandatory reconsideration on the 30.01.18 recorded delivery they signed for it of the 31.01.18 which the person said yes they can see I only called up on the 29.01.18 and that they got the appeal on the 31.01.18 they told me as 10days had passed that I was to send off my paper work to the tribunal but they was going get someone to look at my mandatory reconsideration that day or the next and I would hear off them by the 22.02.18 what was happening has the person that sent the letter out dated the 30.01.18 turning me down should not sent that letter out until after the 28 days if I had not sent in what I was appealing against and any evedince a few days after this phone call to them I get a letter saying it was to later for them to look at what I had sent in and I was to appeal to the tribunal serves yet I was well in side my 28 days I have sent off all the paper work to the tribunal with copies off all the evedince what I was appealing against and times dates and who I spoken to at the DWP and what about I am now waiting on the date of my tribunal.
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