PIP Reconsideration Tribunal Unusual Question

Well_Well_Well
Well_Well_Well Online Community Member Posts: 5 Listener
edited February 25 in PIP, DLA, ADP & AA

Hello

I am hoping someone with lots of experience knows the answer or where I can contact to get an answer.

I hope this makes sense if not please let me know which bit is confusing.

Claim for PIP was denied. I wanted to ask for reconsideration but couldn't find anyone to help me complete it. I called pip and asked for more time because I couldn't find anyone to help with the paperwork.

Maybe 2 weeks later pip wrote a letter saying, About your request for a reconsideration, we looked at our original decision and cannot award pip. I got very confused because I didn't remember sending them any information for a reconsideration. The only thing I can think happened, is that the person I spoke to on the phone ( that I asked about having more time to find someone to help me) kept trying to make me complete the reconsideration on the phone with them! I got angry and told them no, I don't want to do it over the phone I wanted to do it by post. Maybe that person submitted it anyway?

About 2 months later PIP wrote to me again saying the same thing, about the mandatory reconsideration notice we cannot award pip. I don't think I sent anything to them for them to reconsider because I still couldn't find anyone to help me.1 year has passed since the first letter pip sent refusing the reconsideration, (I don't think I sent reconsideration paperwork because I have been so ill and the people I found didn't end up helping me).

I think I have somewhere that will help me now, I found them a few days ago. My question is can I still go to a tribunal?

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Comments

  • Lauren29
    Lauren29 Online Community Member Posts: 238 Empowering

    You should send in your appeal form in within one month of the date shown on the mandatory reconsideration notice. However you can submit an appeal outside the one month time limit but it must be submitted within 13 months from the date of the decision. If you make a late appeal request then you will need to explain why you have delayed this. The late appeal request goes to DWP to decide whether they object. If they do object, the late appeal request is then sent to the tribunal service to make a final decision. If you are still within 13 months of the mandatory reconsideration notice then you could try to appeal. I am not sure why you received two letters from PIP. It is probably the case that your phone call has been treated as a Mandatory Reconsideration. If you make an MR PIP will often write to you before they make a decision making you aware that you can submit further evidence before they send you the decision letter. If you are unsure of the date of the MR decision you could call PIP to confirm this.

  • Well_Well_Well
    Well_Well_Well Online Community Member Posts: 5 Listener

    Hi Lauren29

    Thank you so much for explaining, it's very helpful. I contacted an organisation and they tried talking me out of appealing/tribunal, I am glad I asked for help here, you seem to know more than they do!

    Yes the 2 letters I received were strange and confusing. When I asked for more time than the 30 days the person on the phone did not say no I can't have more time, so I thought it was fine. Because they sent the 2 letters I kind of felt what's the point of fighting it, because they have a history of lying and denying people including me, based on their lies. I am going to try to fight it as much as I can. I have a month left so it's now or never 😀.

  • Mary_Scope
    Mary_Scope Posts: 3,972 Scope Online Community Children and Family Specialists

    Hi @Well_Well_Well and a warm welcome to the community from me!

    I see Lauren has already answered your question and given you some good information so I won't add anything else today but it's lovely to have you here and i hope you enjoy your time on the community😊

  • tifo
    tifo Online Community Member Posts: 147 Empowering
    edited February 20

    Whilst the advice is to take it to a tribunal because you've had a mandatory reconsideration, you clearly didn't request this and it would show in the telephone call.

    You CAN decide to accept and take it to a tribunal, but you can also make a complaint and raise the fact that you didn't ask for an MR over the telephone and made it clear you want to send paper documents. Within the complaint ask them to listen to your call. They might void the MR decision as it wasn't requested by you and allow you to submit an MR when YOU want to.

  • Well_Well_Well
    Well_Well_Well Online Community Member Posts: 5 Listener

    @Tifo Thank you, good point.

  • northwestlondon
    northwestlondon Online Community Member Posts: 11 Listener

    somthing similar happened to me I don’t know what these people working at the dwp do not understand I think half of them need retraining to be honest in how to listen and understand people properly I started my pip claim in November 2024 and still waiting on a tribunal date this is totally unacceptable I am on crutches permanently and can’t walk more than 20 metres with out resting and cannot get on buses on my own I have told them all of this and still refused I have spastic gait it’s been in the family my grandfather had the excact same condition and it just gets worse as time goes on this will end in a wheelchair and yet here I am still fighting these over pip it’s totally unacceptable what can I do .I am glad you got the advice you need just keep going it’s disgusting what this country is coming to.

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