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I am awaiting a Mandatory Decision

paganscorpiopaganscorpio Member Posts: 5 Listener
edited October 2017 in PIP, DLA and AA
I have MS, three types of arthritis and depression - but PIP declined my claim. I am awaiting a Mandatory Decision now but suspect a Tribunal might be in order!
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Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi paganscorpio and welcome

    Is this a new claim, review or change from DLA ?

    Some people do get success at MR but many more have a better time going to appeal
    There is plenty of info on here and on the CAB site about appeals, please let us know if we can help

    CR 
    Be all you can be, make  every day count. Namaste
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  • paganscorpiopaganscorpio Member Posts: 5 Listener
    It was a new claim and at my assessment, the assessor's computer wasn't working properly! It kept crashing and wouldn't run the software.  She kept chatting to my hubby about it too. It is clear that she produced her report from (poor) memory and got it all mixed up - right instead of left etc.
    I fully intend to take it to an appeal but the CAB have been uncontactable to advise me so far!
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  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @paganscorpio
    We have lots of support in the appeal to tribunal process, so let us know what the outcome is, hopefully you will be pleasantly surprised!
    Scope
    Senior online community officer
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  • paganscorpiopaganscorpio Member Posts: 5 Listener
    Thank you so much. I will certainly do this. I need all the help I can get 
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  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hopefully your MR will be successful.
    Tribunals don't have to be scary, you have already done most of the hard work filling in the form and collecting your evidence. If you haven't done so then a letter from your GP, specific to your problems with the PIP descriptors, will be of great help.
    Most times, when a claim is unsuccessful, the problem is not with the evidence but the way it is read ( or not )
    Reference each descriptor to the page and paragraph of your evidence, lead the reader to the relevant part so that it is clear how you meet the criteria, make it idiot proof

    CR

    Be all you can be, make  every day count. Namaste
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  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @paganscorpio

    Scope helpline might be able to advise you if there are face to face help agencies other than the CAB in your area.

    Scope, CAB and Disability Rights (DR) sites all have guides to PIP tribunal appeals.  DR also publish a benefits Handbook, available from their site, which includes a section on PIP appeal hearings.  I think currently it costs £15 to people on benefits.

    Many Scope community members have won PIP appeals at tribunal, myself included.  I had no face to face help or representation.  I used DR site, DR Handbook, CAB site and put questions in Scope Ask a benefits advisor category.  Not to mention advice from @Debbie_Scope and numerous Scope community members.
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  • paganscorpiopaganscorpio Member Posts: 5 Listener
    Thank you. The problems I have are that the assessor has made a lot or errors (left not right) etc., and said I performed tasks that I actually declined. Neither did I get any letter or text about the decision - I had to call them to ask for my letter. Add that the whole thing sent me into a spiral of 'what is the point' and I am now out of time. 
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  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    What date is on your mandatory decision letter ?

    If you have good reason for being late you can appeal to the tribunal up to 13 months. Not receiving your letter is good reason.
    Although it is tempting to try and correct the errors this will not score you any points. Concentrate on showing that you meet the criteria for the award

    CR
    Be all you can be, make  every day count. Namaste
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  • paganscorpiopaganscorpio Member Posts: 5 Listener
    Thank you. I only have the original declined letter in response to my claim.  It is dated September. I will seek out the info advised on this site to prepare my request for a mandatory decision and get it done ASAP. 
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  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    In general you only have a month from the date of the decision letter to request an MR. However late requests with good reason should be accepted.
    Have you asked for a copy of the assessment report or have you only got the decision letter ?

    CR
    Be all you can be, make  every day count. Namaste
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