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Questions about PIP mandatory reconsideration

kano7481kano7481 Member Posts: 30 Connected
Hi again ,

My sister want to request a mandatory reconsideration for pip decision , and have some questions if you could help please :

- We have to call them first and ask for MR by phone then send the letter or just write the request letter and send it to them without calling ?

- we still need to fill the online form and download it and send it with the letter , or we can just send the letter without the form ?

- I will write the request letter for her and being the person who help and take care of her everyday I will write another letter to explain her difficulties and help she needs , would this letter be considered as an evidence ?

- We have sent a GP letter with the original claim , and after reading their reasons for the decison my sister GP has written an updated letter with more details of her difficulties and needs , is this letter will be accepted as a new evidence ?

I just want to add that after reading the assecor report I realise that the assesor has ignored what my sister said and answered about her illness and makes her dicisions and give reasons based on what she is observing at that time , assumptions , and physical tests my sister never been asked to do during the assessment !!! Like she looks average weight so she is able to eat , she studied english so she can read , she is dressing ok so she can dress , she answered my questions so she can mix with people communicate make budgeting decisons, ignoring all explainations about the help she gets to be able to eat or dress or wash and if she looks ok that is because someone else helped or done it for her, and suffering from epilepsy means that most help is needed after seizures during recovery as she lose her abilities most of the day in addition of supervision all time because of daily unwarned seizures,

Thank you and sorry for the long post.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    No need to ring them first, just write the letter and send it. Once it's sent ring to request it and tell them the letter/evidence is on it's way.

    No, no need to fill out the form as well as write the letter.

    Your letter could be used as evidence. Letters from GPs aren't the greatest evidence because usually a GP will only know the basics. If they write more than this, then it's most likely patient lead where the patient has told them what to write.

    When you write the letter you need to concentrate on where you think she should have scored those points and your reasons why. Adding 2-3 real life examples of what happened the last time she attempted that activity for each descriptor that applies to her.

    You shouldn't mention any of the lies because DWP and Tribunal won't be interested in any of those.

    Most MR decisions remain the same so expect to have to take it to Tribunal. Appearing in person will give her the best chance of a decision in her favour.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • kano7481kano7481 Member Posts: 30 Connected
    Thank you so much poppy for all advices.
  • kano7481kano7481 Member Posts: 30 Connected
    The claim will be reconsidred by the same decision maker who made the initial decision or a different one ?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    A different one.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • kano7481kano7481 Member Posts: 30 Connected
    Thank you poppy ... just one more question please : should I write reasons only for the discriptors my sister disagree with ? or I have to mention all the dicriptors even those she got points for ? what confusing me is that a diffrent decision maker who will look on the claim again and for both parts.

    My sister was awarded 6 points for daily living and 16 points for mobility , and she believes that she should score more points for daily living needs.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You should put the ones she disagrees with.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • bracabraca Member - under moderation Posts: 85 Pioneering
    @kano7481
    I have been through Mandatory reconsideration 3 times and first 2 times my Welfare rights officer wrote it out for me on headed notepaper and decision remained the same, third time just a few months back I typed my own MR  and was 4 pages long and what I tried to do was draw attention to points I thought most relevant to my claim, I highlighted parts of Doctors letters that clearly HP had not read, also pointed out blatant error by HP regarding justification of points not awarded, I also kept on sending in evidence relevant to my claim as was attending clinics on regular basis, My MR came back in my favour and resulted in more points for daily living and mobility and the whole process took 3 months. Before I sent off my MR I ran it past my welfare rights officer who said there was nothing more they could have added.

    Can I also say when asking for MR report back from DWP I was sent out a PA6 report and someone did mention to me that they must have done two MRs on me and maybe because I kept on sending in more evidence until such times as I got the DWP letter saying we now have all the information needed to make a decision. Hope some of this helps.
  • kano7481kano7481 Member Posts: 30 Connected
    You should put the ones she disagrees with.
    I really appreciate all your replies and help ... Thank you poppy
  • kano7481kano7481 Member Posts: 30 Connected
    braca said:
    @kano7481
     what I tried to do was draw attention to points I thought most relevant to my claim, I highlighted parts of Doctors letters that clearly HP had not read, also pointed out blatant error by HP regarding justification of points not awarded,
    Thank you so much for your reply braca that was really helpful.

    Yes that the same way how I am writing the MR letter for my sister , and in gentle and polite way.

    My issue now is the time because most of the day my sister is recovering or not feeling well to concentrate and discuss with me what to write for each discriptor she disagree with , so everyday we do a bit.
    The decision letter was dated 31 May 2019 , so hopefuly we still have more time to send it back.
  • kano7481kano7481 Member Posts: 30 Connected
    Hi again ,

    Its ok to type the MR letter in computer and then print it , or I have to do it hand writing ?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Typing it is fine.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • kano7481kano7481 Member Posts: 30 Connected
    Thank you so much poppy
  • kano7481kano7481 Member Posts: 30 Connected
    edited August 2019
    Hi everyone,

    My sister has received the MR decision which didnt change, with a new and brief reason saying that they dont deny that she has severe restrictions with every task but this is not happening in majority of time based on her health professionals report which confirm that her after seizures effects last for around one hour only, but this is not true the HP report didnt mention this at all on the contrary the HP confirmed in the report that she has daily seizures and needs continious help and supervision that she is a vulnerable person, we dont know from where they came with this 1 hour effects, and we have repeated eveytime that she is unable to do tasks the majority of the day and that she has daily seizures and most of the day she is recovering and in pain, can they just invent reasons like this just to find a way to refuse because they cannot deny anymore her restricted abilities ? or maybe was mistaking her with another case report ?

    So now my sister want to appeal the decision especially after knowing the reason why they refuse to award her.

    I will write the appeal for her and have some questions please :

    - I intend to submit the appeal online , is it a good idea or better print the form ?

    - Will I have enough space to write the grounds of appeal which will be 3 or 4 pages ?

    - Can I use the same reasons and examples written in the MR letter , like copy paste ?

    - Should I write the reasons and explain her restrictions only for the activities my sister desagree with or should I include the other activities she agree with their award ?
    she was awarded 6 points daily living from 2 microwave cooking, 2 using incontinence pads and 2 supervision prompting for washing, she is happy with this except cooking ... and awarded 16 points for mobility from 12 planning journey and 4 moving around and happy with this.

    - I will scan the MR letter + the health professional reports as evidence against their invented reason of 1 hour effects.

    Any advices or help will be much appreciated.

    Thank you


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger

    When sending in evidence you should always read through everything first to make sure that nothing contradicts each other. Less is often more.

    When requesting the Tribunal you only need to give your brief reasons for your appeal. Anything extra can be sent at a later date.

    You need to state where you think she should have scored those points and your reasons why. Adding a couple of real life examples of what happened the last time she attempted that activity for each descriptor that applies to her.

    There's no need to send the evidence again to Tribunal if it's already been sent to DWP. DWP will send everything to HMCTS and you'll receive a copy in the "bundle"



    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • kano7481kano7481 Member Posts: 30 Connected
    Thank you Poppy for your advices all time.

    When I saw the reason of 1 hour effects I have returned to the HP report and read it many times and didnt find any contradictions or mention of the after seizures effects or how long they last at all.
  • jannybjannyb Member Posts: 39 Courageous
    Sorry poppy..when you say just state brief reasons at first ..do you mean a brief reason for every descriptor? Or just type i am appealing as i dont agree with the points given, a full description will be sent once all evidence gathered. 
    Sorry to ask but i just cant get my head round what im meant to be putting . Thank you 
  • jannybjannyb Member Posts: 39 Courageous
    Also..sorry! Do i need to scan and upload the mandatory notice to include with it or do i post that after with the rest. Thank you
  • kano7481kano7481 Member Posts: 30 Connected
    jannyb said:
    Also..sorry! Do i need to scan and upload the mandatory notice to include with it or do i post that after with the rest. Thank you
    I read that we can upload files using the online form and I will scan the MR decision letter to include it , also they ask for the MR letter details during filling the form online.
  • jannybjannyb Member Posts: 39 Courageous
    Thanx kano..ive been trying all day to get my scanner to work properly. Looks like I'll be doing it all by post, typical lol
  • jannybjannyb Member Posts: 39 Courageous
    Managed to do it online yipee. It didnt ask to upload copy of mandatory report but ill be posting it anyway. And the extra evidence you can upload isnt much. There was only enough space for me to upload i think 6 pieces but i wrote ill be posting more . Good luck !
  • kano7481kano7481 Member Posts: 30 Connected
    Hi again,

    I just want to share with you the good news for my sister PIP claim.

    So after submitting the PIP appeal online she has received a letter from the PIP office manager saying that he/she can change the decision and award her standard rate daily living , then a week after she received the full award letter with enhaced rate for both daily and mobility for 2 years, the change is that she was scored 8 point for cannot cook , so in total the new scoring is 14 for daily living and 16 for mobility, and will have a backdate payment from July 2019.

    I want to ask please that when she has not been awarded the daily living at the beginning she has lost the ESA disability premium, so will she have it back automatically again after the new award ? and will she have a backdated payment from July 2019 aswell ?

    Thank you for all the advices, guidances and help.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    That's great news. If you're talking about the severe disability premium in with her ESA then if she still lives alone, or classed as living alone then yes she will still qualify for this. She will need to contact ESA and re-apply over the phone and it will be backdated to when her PIP stopped.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    This is great news @kano7481, thank you for letting us know!
    Community Partner
    Scope

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  • kano7481kano7481 Member Posts: 30 Connected
    That's great news. If you're talking about the severe disability premium in with her ESA then if she still lives alone, or classed as living alone then yes she will still qualify for this. She will need to contact ESA and re-apply over the phone and it will be backdated to when her PIP stopped.
    Thank you so much really appreciate all your help
  • kano7481kano7481 Member Posts: 30 Connected
    This is great news @kano7481, thank you for letting us know!
    Thank you

    I just want to add that the office manager mentioned that they have used the ESA medical report aswell for the decision
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