PIP, DLA and AA
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PIP

grundyhegrundyhe Member Posts: 12 Listener
edited May 2019 in PIP, DLA and AA
Hi all. I have nerve damage in neck and shoulder from treatment for thyroid cancer. I have been advised by a pain management consultant to reduce my hours to help manage my pain. I am single and cannot afford to do this if I don't get some benefits to help me  I have made a claim for PIP and sent off form and received a letter saying I didn't return it and claim is closed. I know I sent it and feel really annoyed.  I am going to call DWP tomorrow. Has this happened to anybody else?

Replies

  • grundyhegrundyhe Member Posts: 12 Listener
    Hi all. I have nerve damage in neck and shoulder from treatment for thyroid cancer. I have been advised by a pain management consultant to reduce my hours to help manage my pain. I am single and cannot afford to do this if I don't get some benefits to help me  I have made a claim for PIP and sent off form and received a letter saying I didn't return it and claim is closed. I know I sent it and feel really annoyed.  I am going to call DWP tomorrow. Has this happened to anybody else?
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger

    Hello @grundyhe Pleased to meet you welcome.

    Thank you for joining and sharing.

    Sorry to hear this. 

    I am one of the team of community champions who guide, advise and help new members who join the forum.

    This does happen. Have you taken copies of the form.? Also might be advisable to do that.

    Please can I also suggest have a look at our benefit advice on our website.

    Might help you with anything additional you make need to know. Other benefits.

    Another suggestion is to consider speaking to CAB. Have expertise and knowledge on benefits.  Useful with form filling in.

    Please if we can help with anything. Please ask. Some one will know from our community or a member of our team.

    Please take care.

    @thespiceman

     

    Community Champion
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  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi @grundyhe and welcome

    There is a deadline for returning a PIP application, if your form was received after that date then your claim will have been closed.
    You should seek help from an advice agency near you or you may consider making a new claim
    Be all you can be, make  every day count. Namaste
  • grundyhegrundyhe Member Posts: 12 Listener
    I sent the form back 2 weeks before the deadline so it cannot have been late. Thanks for the comments and advice. I will call the DWP tomorrow and see what they have to say. I photocopied the form so can easily fill it put again. I am hoping I don't have to start a new claim
  • Ami2301Ami2301 Community Co-Production Group Posts: 7,489 Disability Gamechanger
    Hi @grundyhe welcome to the community! Sorry to hear what has happened. Do keep us updated and let us know if you have any further questions :)
    Disability Gamechanger - 2019
  • Antonia_AlumniAntonia_Alumni Scope alumni Posts: 1,781 Pioneering
    Hi @grundyhe and welcome to the community. Thank you for sharing this with us, I am sorry to hear this. Have you been in touch with the DWP? Please keep us updated.
  • grundyhegrundyhe Member Posts: 12 Listener
    Hi, i contacted them today and they were very understanding. I have had to make a mandatory consideration. They have said I just need to send them as much info as I have with copies of consultants letters and they will then arrange my interview. I photocopied chunks of the form but not all of it. I explained I dont have all my answers to all the sections and they said that was okay. I am pleased i do not have to start another claim but it seems weird not to be giving them all the information. I offered to complete a second form but they said that is not necessary
  • wildlifewildlife Member Posts: 1,314 Pioneering
    We as it an adviser you spoke to? They don't always give the correct advice. It's always advisable to send things recorded delivery or even just with proof of posting. You can then tell DWP you have that and insist they look for your claim form. An MR is only done after the Face to face and after you've received a Decision letter with your award so I don't know why they called further communication an MR. Starting again is not too bad as you are still in the early stages of your claim so will only put you back a short period of time when you consider how long some claims take to process from start to finish. 
  • grundyhegrundyhe Member Posts: 12 Listener
    yes it was an advisor and she spoke with her manager who suggested I send in a much info as I have and they will arrange the face to face interview. I am worried the assessor wont have much information when i have my interview. I have some really good letters written by doctors and consultants but do feel they have messed up. I am definitely going to send this recorded delivery
  • mikehughescqmikehughescq Member Posts: 6,007 Disability Gamechanger
    They cannot “close” a PIP claim because you miss an administrative deadline which does not exist in law. They have to make an outcome decision i.e. a decision on what you failed to do followed by a decision that you’re not entitled. You can then challenge by MR. Telling you to do an MR when you haven’t an outcome decision is incorrect. 

    I have posted this many times before but it’s always worth saying again. Recorded or special delivery in this context are meaningless and an example of throwing good money away for people on fixed incomes who can ill afford to do so. Proof of postage is not proof of receipt and you are not posting to the DWP. You’re posting to a private company who will sort the post; arrange for it to be scanned and only then will it be uploaded to a DWP system and linked to you. Often special delivery etc. are signed for by the security man who doesn’t even work directly for the private company who sort the post. Tribunals tend to quietly roll their eyes when faced with a case when someone is arguing about such scenarios. 

    A fine example of this would be mail handling site A for PIP. The address is Wolverhampton. It doesn’t go to Wolverhampton. It goes to Telford. At Telford the company which sorts the mail is nothing to do with DWP but they can sign the post as received and it can still get lost between them and the DWP and you have no recourse whatsoever. Similarly the company which secured the building has the staff most available to sign for post. They don’t work for DWP or the post delivery company but they can still sign as though DWP received it and it can still get lost. 

    The best advice is always to spend the money on getting a paper and electronic copy. You don’t need to prove you posted it then. It can both be re-sent and act as proof in the sense that people don’t tend to fill in 40 odd pages and just not post it. 

    I understand the anxiety which can lead to going down the route of laying for proof of delivery but it needs to be resisted. Proof of delivery to a party who is 3 steps removed from DWP and hasn’t really taken delivery in any meaningful sense is no proof at all.
  • FetlockFetlock Member Posts: 79 Courageous
    edited April 2019
    There has been an outcome decision and a letter sent and received to that effect, so a mandatory reconsideration (on lay rules) would be appropriate in this instance, and just a formality in the circumstances here.
    It might be worth ringing DWP again and asking them to do an advanced search. Sometimes forms that haven't been classified correctly for whatever reason can be found that way. It's worth a shot.
  • mikehughescqmikehughescq Member Posts: 6,007 Disability Gamechanger
    What makes you say that? A letter saying a claim is closed is not an outcome letter. Two reasons:

    1 - you can’t just close a claim. There is no legal basis for doing so. DWP do it all the time e.g. if someone asks to close a claim but legally they simply can’t. 
    2 - an outcome says that you’re not entitled to PIP because the conditions of entitlement are not met. A letter saying a claim has been disallowed because of a failure to return is not that. Good explanation of the difference at https://www.rightsnet.org.uk/welfare-rights/caselaw/item/Appeal-did-not-lapse-following-DWPs-reversal-of-negative-determination-t
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