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PIP Mandatory Reconsideration

abhishek_96

Hello everyone,

I hope you are all keeping well during these challenging times.

This is my first post on the scope forums, so I do apologise if I have gotten some of the housekeeping rules wrong.

I recently received my PIP decision. I am now in the process of drafting a Mandatory Reconsideration against that decision.

My claim originally began on 23/04/2021.

My question is, if I am successful with my Mandatory Reconsideration, will I receive a back payment up until the original date my claim began (23/04/2021) or will the back payment only be up until the date I received the decision on PIP?

Thanks in advance

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chiarieds

Hello @abhishek_96 - & welcome to the community. Your post is absolutely fine, so no worries. I'm keeping well, thank you, & I hope you are the same.

If this is your first PIP claim, then if you are awarded, any monies due would be from the date you first rang the DWP to start your claim.

With your Mandatory Reconsideration give a couple of recent, detailed examples of the difficulties you face for each activity/descriptor where you feel you should have gained points, i.e. when did it happen, where, what happened, did anyone see this, & were there any consequences, i.e. how did it leave you feeling after attempting/doing an activity, fatigued/exhausted for example? Can you do an activity 'reliably,' i.e. safely, to an acceptable standard, repeat it as often as one would reasonably expect, or does it take you much longer than someone without a disability? If not, say so. Ensure you put your name & National Insurance number on each page. Keep a copy of everything 'just in case,' & get a free Certificate of Posting from your Post Office when posting.

abhishek_96

Hello @chiarieds,

Firstly, let me start by apologising for the delay in my response. I am glad to hear you are keeping well and I am also keeping well, many thanks.

Yes, this is my first PIP claim. Thank you very much for not just clarifying the original question I asked but also offering additional advice on how to deal with the Mandatory Reconsideration. I aim to send the Mandatory Consideration by early next week at the latest.

I hope you have a great Christmas.

Take care

abhishek_96

Hello @Libby_Scope

I am doing very well thanks, how are you?

Thank you very much for providing me with the additional recourses for the Mandatory Reconsideration process, I will take a look at these.

For background information, I applied for PIP earlier this year on the basis of my Obsessive compulsive disorder (OCD). I recently received my decision from the DWP who awarded me 7 points for the daily living activities and 0 for the daily mobility activities.

Although my OCD does affect my daily mobility activities (driving), I know that I would not warrant a high enough score to be entitled to the mobility award which is absolutely fine and I do not wish to challenge the DWP's decision for that.

However, with the daily living activities, the DWP have awarded me 0 points for managing toilet needs, mixing with other people and budgeting decisions. Frustratingly, I provided adequate medical evidence to prove that my ability to complete these activities is effected by my OCD. Moreover, I provided extremely detailed information in both my application form and the assessment about the specific issues I face with each of the activities.

I found the decision to be very contradictive throughout and very little consideration was given to the evidence and information provided. Instead, the assessor decided to make incorrect inferences about my OCD and how it affects me. I also found some of the comments made by the assessor to be quite discriminatory.

Nevertheless, I have addressed each issue in the Mandatory Reconsideration in great detail. Being a law student, I have also made reference to the relevant regulations and any applicable case law that will support my arguments lol.

I will most definitely keep you guys updated and I really appreciate the advice and input you guys have made

Have a great Christmas @Libby_Scope

Abhishek

abhishek_96

Hello everyone,

just a quick update, I have submitted my mandotrory reconsideration to the DWP today via special delivery.

I will keep you all updated once I hear from the DWP.

Have a great Christmas everyone

janer1967

Hi there Glad you have submitted your Mr it may be a while till you hear anything they are taking several months unfortunately and with the Xmas break and working from home could delay things

poppy123456

Special delivery means nothing for DWP, it still has to go through the usual mail sorting process as every other mail. It's signed for by someone from Royal mail not someone from DWP. It's not classed as arriving until it's been added to the computer which can take quite a few week, add on Christmas and New year closing days as well as the usual backlogs. All you need is proof of posting which is free from any post office.

Good luck with the MR.

abhishek_96

@janer1967 yes unfortunately it does seem like it could be a while before I hear anything back from the DWP.

I am just happy I have submitted the MR and completed everything on my side of things.

Have a great Christmas:)

abhishek_96

Hello @poppy123456,

many thanks for the information, I submitted it special delivery just to be safe.

I did not know that the signature for special delivery was done by someone at Royal Mail. I was under the impression it was the signature of the recipient. Thanks for informing me of that

many thanks for the luck.

have a great Christmas

abhishek_96

Hello [Username removed by moderator]

Many thanks for your input! I always send anything important special delivery for the exact reason you stated regarding the proof of delivery.

Have a great Christmas

poppy123456

Though it isn't proof at all that DWP have received it. All you need is proof that you sent it.

MarkM88

I understand what you are saying and would normally agree if what was posted was going direct to the end point.

However, with DWP it goes to a mail sorting site first and therefore not direct to DWP. It is signed for at this point.

After that it is then taken to DWP.

So could be signed for and still go missing. That proof of delivery would then be pointless.

Adrian_Scope

Closed pending review.

Adrian_Scope

I've removed a number of comments from this discussion, as the entire conversation had become derailed. Many comments were riddled with rude or passive-aggressive remarks, or comments that simply broke our community house rules.

There will be no further conversation in this discussion about the merits of different types of postage.

@abhishek_96: wishing you the best of luck with your MR. I hope the arguments here haven't put you off reaching out for support should you need it again. Please do let us know how you get on.

abhishek_96

Hello @Adrian_Scope,

I hope you are keeping well?

many thanks for wishing me luck, I greatly appreciate it

Please be assured that I am fully confident to still reach out for any further help I may require from people on the forum.

I am sure that everyone that contributed to this post only had good intentions to help

I will update you all once I hear back from the DWP regarding my MR.

I want to wish you all a merry Christmas and a happy new year and I hope you all keep safe

Alex_Alumni

A Merry Christmas and Happy New Year to you too @abhishek_96

Thank you for being so understanding, I wish you all the best for a smooth MR process, we'll hopefully hear from you in due course.

disbutveryabled

abhishek_96 said:

Hello everyone,

I hope you are all keeping well during these challenging times.

This is my first post on the scope forums, so I do apologise if I have gotten some of the housekeeping rules wrong.

I recently received my PIP decision. I am now in the process of drafting a Mandatory Reconsideration against that decision.

My claim originally began on 23/04/2021.

My question is, if I am successful with my Mandatory Reconsideration, will I receive a back payment up until the original date my claim began (23/04/2021) or will the back payment only be up until the date I received the decision on PIP?

Thanks in advance

The initial claimaint date. I had an MR accepted, and I got backdated from the date I put on the PIP form (17/02/2021). Best way to appeal an IAS report is to list all the discrepencies in their analysis and/or findings (incorrectly saying your eye contact was good on a phone call, omitting important details discussed which could be in your favour). It was my strongest vantage point for when I got my IAS report overturned.

disbutveryabled

abhishek_96 said:

Hello everyone,

just a quick update, I have submitted my mandotrory reconsideration to the DWP today via special delivery.

I will keep you all updated once I hear from the DWP.

Have a great Christmas everyone

I did my MR over the phone, but in my case the IAS was so obviously bad they told me "not to worry about it and let DWP take care of the MR". I asked for extra time as I was anxious that my correspondence wouldn't reach them in time. They allowed me 4 extra weeks, so it's always handy to communicate concerns to them, as some of the time they aere willing to help. If you get no joy from 1 person, redial and reroll the operator.

abhishek_96

Thank you @Alex_Scope & @Libby_Scope for your best wishes

I will be sure to keep you updated as soon as I get any response from the DWP

abhishek_96

Thanks for your input on the MR process @disbutveryabled

I submitted a full MR bundle to the DWP consisting of an 11 page letter and 67 pages of evidence.

The initial decision made by the DWP was laughable. Throughout the decision, incorrect inferences and comments were made by the assessor who also chose to ignore the medical evidence provided.

Firstly, in my MR letter, I have addressed each of the problematic comments made by the assessor and supported my arguments with the relevant evidence.

I have then gone onto discuss the daily living activities that I wish to be reconsidered by the DWP in the following paragraph format:

1) summarising the issues I suffer from for the given activity.

2) summarising the DWP’s original decision for the given activity

3) introducing my counter argument and the amount of points I believe I should have been awarded.

4) outlining the DWP’s failure to fully consider all the information provided in the application form and during my assessment.

5) outlining the DWP’s failure to contact the relevant medical professional(s) to ascertain further information (should they have needed it)

6) outlining the DWP’s failure to consider the relevant medical evidence which confirms the difficulties I encounter for the given activity

7) outlining the DWP’s failure to consider the reliability provision under SI2013/455

8) then summarising my overall counter argument and concluding appropriately.

I was already awarded 7 points for the daily living activities. I am hoping to be awarded the enhanced rate for the daily living activities element of PIP through the MR.

Hopefully the MR bundle I have submitted is enough to change the original decision however, I am mindful that an appeal to the Tribunal is a possibility and I am fully committed to fighting this matter all the way.

I hope you have a great Christmas and new year

AndrewHall

abhishek_96 said:

Thanks for your input on the MR process @disbutveryabled

I submitted a full MR bundle to the DWP consisting of an 11 page letter and 67 pages of evidence.

The initial decision made by the DWP was laughable. Throughout the decision, incorrect inferences and comments were made by the assessor who also chose to ignore the medical evidence provided.

Firstly, in my MR letter, I have addressed each of the problematic comments made by the assessor and supported my arguments with the relevant evidence.

I have then gone onto discuss the daily living activities that I wish to be reconsidered by the DWP in the following paragraph format:

1) summarising the issues I suffer from for the given activity.

2) summarising the DWP’s original decision for the given activity

3) introducing my counter argument and the amount of points I believe I should have been awarded.

4) outlining the DWP’s failure to fully consider all the information provided in the application form and during my assessment.

5) outlining the DWP’s failure to contact the relevant medical professional(s) to ascertain further information (should they have needed it)

6) outlining the DWP’s failure to consider the relevant medical evidence which confirms the difficulties I encounter for the given activity

7) outlining the DWP’s failure to consider the reliability provision under SI2013/455

8) then summarising my overall counter argument and concluding appropriately.

I was already awarded 7 points for the daily living activities. I am hoping to be awarded the enhanced rate for the daily living activities element of PIP through the MR.

Hopefully the MR bundle I have submitted is enough to change the original decision however, I am mindful that an appeal to the Tribunal is a possibility and I am fully committed to fighting this matter all the way.

I hope you have a great Christmas and new year

A friend of mine just point out one or two discrepancies from the assessment report and outline all the aids, prompting and assistance he needed for the relevant descriptors and he was awarded PIP. He didn't submit any evidence as much as yours.