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How does the reconsideration process work?

Joe__FJoe__F Member Posts: 26 Listener
edited March 9 in PIP, DLA and AA
My PIP claim was recently denied.  I found the letter that they sent pretty intense, it's all 'You have said that you're not able to do X.  I have looked at the evidence that you provided and the assessor's report and I have decided that you are able to do X'. The language is pretty seriously invalidating and authoritarian, it's taken me days to calm down since it first arrived. It definitely feels like DWP have gone out of their way to intentionally create a hostile environment.

At the moment I'm trying to work out how the mandatory reconsideration process works, which seems to be quite opaque (presumably intentionally?). The letter I got declining my PIP application is not very clear about how the reconsideration works, and my friend rang and spoke to DWP and he seemed to come off the call more confused about the process than when he started.

This is my current understanding:
My letter is dated 24th of February, so this means that I have until the 24th of March to apply for a reconsideration. I will then have one month from the date that I apply from the reconsideration to submit any additional evidence, which must be submitted in the post.
Does anybody know if this is correct?

Also does anybody know how to inform DWP that I want to start the reconsideration process? My friend wasn't sure if it's possible to do this over the phone, or if I have to send a letter

Replies

  • janer1967janer1967 Member Posts: 12,058 Disability Gamechanger
    Hi 

    You gave 1 month after decision letter to apply for mr 

    You can do it over phone but then you are relying on the person on other end typing it all down correctly. 

    It is best to put it in writing . Go through each descriptor you think you should score points on and give 2 real examples of what happens when you do the task 

    Hope this helps there is lots info in our PIP section to help as well 
    Here to help with my experience in hunan resources and employment rights 
  • OverlyAnxiousOverlyAnxious Member Posts: 1,608 Disability Gamechanger
    Hi,

    That letter is created from a standard template so try not to take it personally.  It does feel very confrontational but it's the same for everyone.

    You can apply for the MR over the phone, but you're best to do it in writing to make sure you've got all the points across that you wanted to, and so that you have a paper copy to refer to in future if needed.  It's best to add any additional evidence at the same time as the letter, or as soon as possible after the phonecall.  I'm not aware of a specific deadline for extra evidence but you should request the MR within one month, as you say.
  • Joe__FJoe__F Member Posts: 26 Listener
    edited March 9
    Hi, thanks to both of you for your advice.  I've read online that they sometimes accept extensions due to personal circumstances,  so I'm planning to send this in a letter:


    "I'd like to apply for a mandatory reconsideration to my recently declined PIP claim. I am currently studying and must submit my degree by the 31st of March. My deadline has already been extended by one year due to disability and there is no possibility of further extension. Due to my disability I am already struggling to complete this work on time, and I cannot organise additional evidence for my PIP claim at the same time as completing my studies due to my disability. I will write to you with a more complete letter in response to your refusal of my PIP claim, and with additional evidence from my supporting healthcare professionals, as soon after the 31st of March as possible, and latest by the 23rd of April"

    Does anyone have any advice about doing this?
    I appreciate that they may come back to me and say "no we're sorry we can't wait until 23rd of April", but I think if that's what they say I'll just have to accept it. I genuinely don't have the resources to finish my thesis and deal with this at the same time.  I was really surprised to get the letter so soon, I was told it would take 8 weeks for them to come to a decision after the assessment but the letter arrived after 3-weeks in the end.
  • calcotticalcotti Member Posts: 2,788 Disability Gamechanger
    Although you are supposed to request an MR within one month of the date on the decision letter you can submit request an MR later than this but no later than 13 months from the date of the letter. If DWP refuse to accept the late MR you can still appeal to the tribunal service.
    Some information here Challenging a PIP decision - mandatory reconsideration - Citizens Advice

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • mikehughescqmikehughescq Member Posts: 7,214 Disability Gamechanger
    The reality of MRs is that the low success rate renders them effectively random. People put huge amounts of effort in and the outcome is genuinely unpredictable unlike appeals. For all the talk of MR requiring new evidence it doesn’t. A recon is exactly that. They’re looking again at the same thing. If you want to add evidence then fine but you don’t have to. 

    Provided you ask within the month they’ve no choice but to start an MR and provided you’re within the month you’ve no need to provide reasons. On that basis, discussion of lateness really ought to be moot. Why would you possibly be late when you literally need to download the official MR form, which should take barely 15 minutes to complete and requires nothing more than “please look again” to trigger the decision making process. 

    Yes, in theory you’ve a month to provide evidence but that’s really a misconstruing of how this works. If you ring them then the process starts and could be done and dusted in days no matter what line they spin you about “yes, of course we’ll wait”. Actually, of course they won’t. If they waited in every case when someone said evidence was to follow the entire system would grind to a halt so, a but of common sense needs applying. Don’t do it by phone. Don’t do it until you’re ready. 
  • wilkowilko Member Posts: 2,405 Disability Gamechanger
    @Joe__F, I had my phone assessment, I had lodged a change of circumstances so had to fill in the claim pack as a new claim. Having had the assessment I waited a week then phoned the DWP and requested a copy of the assessment report.on receiving it I worked out my award would be the same as before I applied for a change of circumstances. Having the report allowed me to prepare evidence and a 10 page document listing all the points that where mentioned in my application but where not addressed in the assessment or the report. The HP kept citing that as I drove an automatic car and used mobility scooters I should be able to manage the activities/descriptors with little or no assistance. So when the award letter came I contacted the DWP informing them I was requesting an mandatory reconsideration of my assessment. The lady offered a phone consultation which I refused as I was sending my information by post. I posted Tuesday 1120hrs second class recorded delivery and it arrived 1330 Wednesday the next day .so I waited over the weekend then phoned the DWP who confirmed they had received the information.
  • Joe__FJoe__F Member Posts: 26 Listener
    Hello all,  thanks for your comments.
    @mikehughescq ;  so if I understand correctly then your advice would be to wait until I've collected the necessary evidence, then send it all in together with a letter asking  for the reconsideration,  and don't worry about it being two or three weeks after the date on their letter?
  • mikehughescqmikehughescq Member Posts: 7,214 Disability Gamechanger
    edited March 14
    Correct. But then I personally wouldn’t worry about additional evidence because, as stated above, MR is essentially random.
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