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Strange MR response and timescales

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Suzs
Suzs Community member Posts: 4 Listener
edited October 2018 in PIP, DLA, and AA
Hi all,  I was requested to change to pip this year after 11 years on middle rate care & high mobility and have always had a motability car. I've worked during this time, but have had to reduce my hours over the past few years due to a decline in health and I'm going through the process of medical retirement now. 


I have neurological issues due to a long term undiagnosed vitamin B12 deficiency that has caused numbness in my hands feet and balance issues (sub acute degeneration of the spinal cord secondary to B12 deficiency), multi level degenerative disc disease in my spine that has caused loss of feeling in my legs and extreme constant pain in my pelvis neck and spasms in my legs. I was also diagnosed with copd last year. I have always suffered from depression and anxiety.


To say I had the same issues with the report following f2f. Total lies! I had all MRI scans consultant letters medication listed etc. I  was awarded standard on both. I requested a MR was initially told I had until the 19.10.18. I called the week before to get the postal address, to be told they weren't aware of my MR request! Then was told "oh it's on a different part of the system" was given the address and told I actually had until the 25.10.18.


So got all my paperwork etc together and posted recorded delivery on the 23.10.18 with next day delivery. So imagine my surprise at receiving the MR decision on 27.10.18 stating they were upholding the original decision as I hadn't provided any further information.
It was only today I looked at the date of the MR letter and it's dated 22.10.18, before I'd even posted my info.??


So my question is, have I been lied to as to the date I needed to respond and what can I do now? Obviously I'll be calling them tomorrow, but has anyone else had this problem?

Comments

  • poppy123456
    poppy123456 Community member Posts: 57,031 Disability Gamechanger
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    Hi,

    You requested it over the phone, if you do this without having already sent the letter and evidence then there's a chance they won't wait for the letter.

    Sending letters for next day delivery to DWP isn't next day delivery because it's sent to a mail sorting office and is signed for by someone from Royal Mail and not by someone from DWP. This has happened to many people.

    There's only a 17% chance that an MR decision will change anyway and most people have to take it to Tribunal. Your next step is Tribunal and you need to fill out and send the SSCS1 form with the MR decision letter to HMCTS and you have 28 days from the date of the MR decision to request the Tribunal.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Suzs
    Suzs Community member Posts: 4 Listener
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    Hi, thank you for your response. 
    Just to update you. I called DWP on Monday and the lady who answered the call seemed really helpful. She stated that 2nd date was correct due to them not registering my MR request correctly. I was told to ignore the MR decision letter as the letters had crossed in the post! But couldn't tell me why the cut off date was still upheld as the 19th. So she confirmed that they had received all of my paperwork on the 24th and it was being looked at again. I asked if I needed to start the tribunal process as stated on the 1st letter and she said absolutely not as it was still being looked at.
    So still confused if I should send in the SSC1 form as you advised.

    Many thanks

    Suzs.
  • poppy123456
    poppy123456 Community member Posts: 57,031 Disability Gamechanger
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    Personally i wouldn't trust anyone from DWP advising me anything, unless you've spoken a case manager/decision maker their self.

    You've been sent the decision letter and if you haven't received another letter confirming they're looking at the decision again because they've received more evidence then the MR decision letter most likely still stands. You have 28 days to request the Tribunal from the date of the MR decision.

    Only 17% of MR decisions change, you'll most likely have to take it to Tribunal as most people do.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
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    Suzs said:
    Hi, thank you for your response. 
    Just to update you. I called DWP on Monday and the lady who answered the call seemed really helpful. She stated that 2nd date was correct due to them not registering my MR request correctly. I was told to ignore the MR decision letter as the letters had crossed in the post! But couldn't tell me why the cut off date was still upheld as the 19th. So she confirmed that they had received all of my paperwork on the 24th and it was being looked at again. I asked if I needed to start the tribunal process as stated on the 1st letter and she said absolutely not as it was still being looked at.
    So still confused if I should send in the SSC1 form as you advised.

    Many thanks

    Suzs.
    As Poppy has said, I too would take what the DWP says with a pinch of salt.
    I once rang up about an ESA issue and it ended up with the telephone agent doing a straw poll with others around her as to what was the right answer.
  • sarah50
    sarah50 Community member Posts: 119 Pioneering
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    Quite a joke when the 'experts' don't know the answers to basic questions. The onus is always on us to get things right and in good time.
  • dannyUK76
    dannyUK76 Community member Posts: 106 Courageous
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    Everyone saying you have 1 month to ask for a MR what happened to the 13 months as that changed now. 
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
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    nope it is still 13 months - the absolute time limit.

  • dannyUK76
    dannyUK76 Community member Posts: 106 Courageous
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    Fewwwww putting mine in next week from may 2nd think I missed the month cut off just a by little bit. 
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
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    dannyUK76 said:
    Fewwwww putting mine in next week from may 2nd think I missed the month cut off just a by little bit. 
    Don't worry just get it in now.
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