Mandatory Review Questions
scape1960
Online Community Member Posts: 85 Contributor
Hi, I'm wondering if anyone can help. I was
under the impression that when applying for a MR you could ring and ask for an
extension if you were late in applying for illness etc., and that a different
decision maker would look at it. However, they said they don’t give
extensions, but they may give an extension if I give acceptable reasons for
being late. My reasons were, initially I had a bad chest infection and
was too poorly, but I also (after I recovered) was still waiting (and still am)
for the Health Assessor’s Report. Under normal circumstances I wouldn’t bother
with this as the advice on here is that it just complicates things. However, I really
think I should see it as the Decision Maker changed some of the decisions.
As well as this, when reading through GOV.UK
'Challenge a benefit decision (mandatory reconsideration) it states that 'the
benefits officer that give you the original decision will reconsider it'.
I'm wondering if my original belief is wrong or
maybe they're talking about a different kind of benefit??
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Comments
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You have 1 month to request it. If you’re outside of that timescale you must give a reason why you didn’t request it within the 1st month. If they refuse you simply continue to Tribunal. You actually have13 months to request it. You do not need to ring to ask for extra time.You need to put the request in writing, do not ring to request the MR. The moment you ring, the time starts ticking and a new decision can be made any anytime. They do not need to wait for you to send any additional evidence.A different decision maker will take another look and come to another decision.1
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Thanks Poppy, that's a relief! I can't understand why it said on Gov.UK that the same decision officer reconsidered it. one other thing that has me confused is that when having my PIP review, it said to not send any evidence that they already have, yet the Decision Officer said she didn't give me points because of the lack of evidence, even though I explained fully what, why, how and when I was affected by my health conditions. As I have had my condition for 15 years, is chronic and not going to get better, I don't really have any recent evidence other than appointment letters (which they don't need or want) prescriptions and hospital discharge letters (which they have already had). I could give them a Patient Summary from my GP but all it has is a list of medical conditions, but they haven't actually questioned the validity of my diagnoses. I just feel as everything is so contrary at the moment.0
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I have no idea why it gives that information but it’s not the first time I’ve seen errors in the gov.uk website.Infact I’ve actually reported a few of them in the past 4 or 5 months for giving misleading information.There’s many many threads on here about reviews and we always advise to treat it as a new claim.Looking back at your previous thread I see that there was some confusion with some of the information that you gave and some of it wasn’t clear. You need to be very clear with the information you give when filling out the forms.1
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Absolutely Poppy! I actually feel demented, making sure that my intentions of what I am disagreeing about are very clear, giving reasons why some statements are incorrect, and giving reasons and evidence why. My big worry now is, as I've been ill for the last few weeks, I will complete this MR on time, but unfortunately they won't receive it on time. I am such a private person I just couldn't bear going to a Tribunal. Thanks for help, it's reassuring that someone knows their stuff, particularly when the DWP get things wrong!0
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As i advised you do have 13 months. The success rate of MR decisions is rather low that's the only downfall. Only about 23% of decisions change in the claimants favour. More chance at Tribunal stage.scape1960 said:My big worry now is, as I've been ill for the last few weeks, I will complete this MR on time, but unfortunately they won't receive it on time.
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Just one more question before bed, if anyone can help! For one of the descriptors which I 100% felt that I would get a minimum of 4 points the Decision Manager disagreed. (Still haven’t received HP Report to check if this is one of the HP decisions she changed). Having read through the PIP Assessment Guide, 2.1: Applying the Criteria, I have found a four line statement that says the exact opposite to what the Decision Manager stated. Would/should I be able to quote this statement in my evidence showing her response is not only incorrect but actually indicates that I would be entitled to a high score? TIA!0
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You could be suspicious and think wrong information is given on purpose but it is obvious that many who work for the dwp don't even know the rulespoppy123456 said:I have no idea why it gives that information but it’s not the first time I’ve seen errors in the gov.uk website.Infact I’ve actually reported a few of them in the past 4 or 5 months for giving misleading information.There’s many many threads on here about reviews and we always advise to treat it as a new claim.Looking back at your previous thread I see that there was some confusion with some of the information that you gave and some of it wasn’t clear. You need to be very clear with the information you give when filling out the forms.1 -
Hi, just hoping that someone may have any suggestions for this. For one of the descriptors which I 100% felt that I would get a minimum of 4 points the Decision Manager disagreed. (Still haven’t received HP Report to check if this is one of the HP decisions she changed). Having read through the PIP Assessment Guide, 2.1: Applying the Criteria, I have found a four line statement that says the exact opposite to what the Decision Manager stated. Would/should I be able to quote this statement in my evidence showing her response is not only incorrect but actually indicates that I would be entitled to a high score? TIA!
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Hi again, sorry for so many questions, including above. So I did run out of time to get MR in for end of month. Also while completing form, I noticed that the DM said there was no evidence for descriptors, which I knew had been sent with original claim. This alarmed me thinking I was late already and if I had to send off for letters again it would be even more late.To cut a long story short I rang PIP and asked about extension but he said they don’t give them but I didn’t need one as I was on the last day to register for an MR. I explained I didn’t want to ask for MR over phone as I had downloaded form and wanted to send that that.He said that they normally send the form out to be completed after it had been registered, but it was fine - he was only registering it, and to just send the form I had, and I now had a month to complete it. I’m so confused now and concerned that they will just start doing the MR without any evidence, even though the guy did say they take about 6/7 weeks before they start.Has anybody else heard of this, so worried I’ve done the wrong thing but didn’t want to risk sending form in and been refused on the basis it was late. I know you can go to tribunal, but the way I’m feeling I really can’t bear the thought of doing that? TIA!0
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Hi , would really appreciate it if anyone had any advice on the above 2 comments. TIA
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Although they advise that you have 1 month to request the MR you actually have 13 months. For this reason they don’t give extensions as such.If you’re outside of the 1 month timeframe then you need to state in the letter why you didn’t request it within the first month. If they refuse you just proceed to Tribunal. I did advise you this earlier in the thread.We usually advise to allow up to 12 weeks for the MR decision but it has been known for it to be made much quicker than that.As you’ve now gone ahead and requested it over the phone then yes they can make a decision at anytime. They do not need to wait for any extra evidence to be sent. This is why we don’t usually advise to request it over the phone.0
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Thanks Poppy, I did explain my concerns about that but he was insistent that he was only registering the MR, that they would send a MR form out for me to complete and it would be alt least 6/7 weeks before he looked at it (he even asked me how I got an MR form so I don't think he was aware that you could download them). I really felt it was a catch 22 as my form was definitely going to be late and was concerned they wouldn't accept it. My form is almost ready now so when it's sent off I'm hoping they haven't started looking at anything yet. Has anybody heard of this, i.e. being told they would be sent a MR form when they telephoned and 'registered' it. TIA!0
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I'm not surprised that he wasn't aware you can download the forms. You are speaking to someone from a call centre so not the best place to ring for advice if i'm honest. You don't even need a form to request the MR, you can just write a letter.
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