PIP, DLA and AA
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Mandatory Reconsideration

LittleGizmo86LittleGizmo86 Member Posts: 79 Courageous
Hi guys,

Once again thank you for the wonderful advise you provide on here and all the help provided to me these last few weeks.

I have sent in a letter to the DWP to request a mandatory reconsideration of my recent PIP refusal. Upon researching the process i have read that they dont usually aknowledge receipt of your request but do call to see if you have any new additional evidence allowing you 4 weeks to send it in.

When i sent in my MR request letter (and reasons why i disagreed with each point in the report) i accompanied it with additional supporting evidence. I also made reference to the new pieces of evidence in my letter and which point in relates to.

So what is the process expected in my case? Im guessing they wont contact me for additional information and i will only hear once they have made their decision?

Any help or advise would be grately appreciated.

Thank you

Replies

  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
    Your guess is pretty much correct. Two things to bear in mind:

    1) There’s no obligation to send in any new evidence, medical or otherwise.
    2) The success rate is currently 17% so don’t get too down if it doesn’t work. The success rate at appeal is 71% :)
  • LittleGizmo86LittleGizmo86 Member Posts: 79 Courageous
    Hi mikehughescq

    Thank you very much for your reply. The additional evidence was evidence that not only backed up my claims but also proves the assessors lies so i felt i had to send it in.

    I have seen how low the success rates for MR are. But what about when the assessor blatantly lies and your new evidence proves this?

    For example she said i eat well and have no issues cooking or eating... i sent in a letter from my gastro dr stating i have a liquid only diet by way of 5 fortisip milkshakes per day. She said i do not take any medication... so i sent in a letter from my gp listing all my meds. She stated my hearing isnt bad and i do not use of require assistance to communicate... so i sent a 6 page doc of all the assistive technology i have at home that i have been assessed as needing etc (you get the general idea).

    I havent just argued points ive actually sent extra stuff to back it up.

    Is this likely useful or im still likely going to be refused?

    Thank you :)
  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
    Hard to predict. The success rate of MRs speaks for itself but when you get to appeal you’ll basically be kicking at an open door so don’t lose heart just yet.
  • LittleGizmo86LittleGizmo86 Member Posts: 79 Courageous
    Kicking at an open door lol i like that saying lol

    Thank you for the words of encouragement i will continue to fight them for as long as it takes! 😀
  • YadnadYadnad Posts: 2,856 Member
    Well in my particular and similar case it didn't make any difference.
    I sent two bits of evidence in 
    One was a report from the consultant at the spinal unit that assessed my walking ability on a machine. I fell off after 10 metres or so. The second was a report from my GP saying that my ability to self care was poor hence why Social Services had provided all manner of aids around the house.


    The DWP still insisted that I had no difficulty walking over 200 metres and that the equipment supplied was not needed but it was provided out of choice.
    .
  • LittleGizmo86LittleGizmo86 Member Posts: 79 Courageous
    Provided out of choice!!!! 

    As if the NHS can afford items that are not needed 'out of choice' absolute idiots!!

    Did you appeal?
  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
    This is usually an explicit reference to the fact that some equipment was purchased by you rather than provided by the NHS or Social Services. This is why it’s important to explain where every aid a appliance came from and why e.g. because some things are not provided by those services. 

    Bear in mind that at the claim stage the burden of proof is on you to prove entitlement so just buying stuf doesn’t in itself automatically prove you need it. If you’d had a social care assessment or an OT who identified all your and and appliance needs and then specified which ones they couldn’t supply then that would do the job. 

    Bear in mind that some people do in fact buy aids and appliances which they haven’t sought advice on and which may in fact be detrimental. Crutches, canes and mobility scooters are fine examples of that.
  • YadnadYadnad Posts: 2,856 Member
    Provided out of choice!!!! 

    As if the NHS can afford items that are not needed 'out of choice' absolute idiots!!

    Did you appeal?
    No, I gave up with playing their stupid games.
  • YadnadYadnad Posts: 2,856 Member
    This is usually an explicit reference to the fact that some equipment was purchased by you rather than provided by the NHS or Social Services. This is why it’s important to explain where every aid a appliance came from and why e.g. because some things are not provided by those services. 

    Bear in mind that at the claim stage the burden of proof is on you to prove entitlement so just buying stuf doesn’t in itself automatically prove you need it. If you’d had a social care assessment or an OT who identified all your and and appliance needs and then specified which ones they couldn’t supply then that would do the job. 

    Bear in mind that some people do in fact buy aids and appliances which they haven’t sought advice on and which may in fact be detrimental. Crutches, canes and mobility scooters are fine examples of that.

    Thanks Mike to be honest I didn't think about it. I just assumed that the aids (one was purchased privately from a disability shop) would show that I am having the difficulties. I would explain that the one I bought was another toilet frame and higher toilet seat. Social Services did in fact supply one frame and seat but to make it easier for me I bought a second for the other toilet. That way I have one upstairs and one downstairs. I did explain to the assessor who seemed surprised that I had two toilet adaptions that I had purchased it myself.

    Yes I had an assessment with a Social Services OT, but never received a copy of it or anything. All I have somewhere is a delivery note/supplier note that came with all of the equipment, minus one toilet seat & frame. The delivery also included a perching stool (which was not admitted to having) but I have never used it as it took up too much room up in the kitchen so it was relegated to the shed where it remains.

    Maybe I relied on the GP letter too much then. But to be honest who would by choice want a home to look more like a care home?

    Your comments and advice once again reinforces my belief that people must get professional help when attempting to fill out these PIP2 & review forms. I'm not entirely without intelligence but time and time again I seem to have made a muck up of all of my claim forms because I just don't understand the PIP process and system.
  • LittleGizmo86LittleGizmo86 Member Posts: 79 Courageous
    Aww yadnad that is really rubbish. I have found with my mum exoerience of equiptment that they dont accept anything you purchsed yourself unless there is a valid reason for it. Then you can get some sort of letter stating why.

    For example my mum has a portable nebuliser for outside. She was assessed as needing one but they are not provided on the NHS. She had to buy one privately but she got a letter from the lung people that said she has been assessed and needs it but there is no alternative but to buy it privately and that surficed. Can you not reapply?


  • LittleGizmo86LittleGizmo86 Member Posts: 79 Courageous
    This is usually an explicit reference to the fact that some equipment was purchased by you rather than provided by the NHS or Social Services. This is why it’s important to explain where every aid a appliance came from and why e.g. because some things are not provided by those services. 

    Bear in mind that at the claim stage the burden of proof is on you to prove entitlement so just buying stuf doesn’t in itself automatically prove you need it. If you’d had a social care assessment or an OT who identified all your and and appliance needs and then specified which ones they couldn’t supply then that would do the job. 

    Bear in mind that some people do in fact buy aids and appliances which they haven’t sought advice on and which may in fact be detrimental. Crutches, canes and mobility scooters are fine examples of that.
    Mikehughescq

    That point has me worried. One thing i supplied was all the assistive technology i have at home due to eyesight. It was provided to me via disabled students when i was at uni. The list is by a disabled student finance supplier and was paid for by them and the delivery list is addressed to them. Is it obvious to them i didnt just buy it for the sake of it and it was provided to me by student finance?
  • YadnadYadnad Posts: 2,856 Member
    . Can you not reapply?
    Unfortunately not, I was 70 a few months ago which is 5 years beyond the date that they allow you to claim up to.
  • LittleGizmo86LittleGizmo86 Member Posts: 79 Courageous
    Oh no!

    As if they put an upper age limit on it!! I have run out of swear words to use to describe these people!!
  • YadnadYadnad Posts: 2,856 Member
    Oh no!

    As if they put an upper age limit on it!! I have run out of swear words to use to describe these people!!
    PIP was brought in as a benefit for people of working age,
    Working age ends at 65.
    However if you have an award and go past 65 you can keep it. You can't make a new claim after 65
  • LittleGizmo86LittleGizmo86 Member Posts: 79 Courageous
    Ah i see. Well i suppose if thats it purpose then so be it

  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
    You can of you can show your needs existed before that age. Have only heard of 1 case in 30 odd years.
  • YadnadYadnad Posts: 2,856 Member
    You can of you can show your needs existed before that age. Have only heard of 1 case in 30 odd years.
    Hi Mike, also aren't there also very stringent rules attached to that as well?
  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
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