PIP mandatory reconsideration notice — Scope | Disability forum

PIP mandatory reconsideration notice

clangers
clangers Member Posts: 4 Listener
Hi there,I received a mandatory reconsideration notice the other day which in short states that the Decision maker has looked at my claim again deciding that they can't give me an award in either category.
What I fail to comprehend is that I've not asked for the D.M.to look at it again nor asked for mandatory reconsideration. It looks to me as though procedure has not been followed and the decision has already been made and 'rubber stamped' to boot.
Do I state this when I do send imy Mandatory reconsideration letter in the next week or so.as it seems like a pointless exercise when they have already made up their minds.

Comments

  • wildlife
    wildlife Member Posts: 1,308 Pioneering
    @clangers Reading your last sentence please don't think you have to join the many claimants who just accept what DWP do even though you know it's wrong. I strongly suggest you ring DWP  before sending in your Mandatory Reconsideration. The number is on your letter. If you haven't got a copy of your assessor's report then ask for one to be sent to you then ask for a call back from a Decision Maker as just an ordinary advisor cannot be trusted to sort out such a big error in procedure. If you do this you can also take the opportunity to have a chat about why they have done an MR before you even asked for one and why they are refusing your claim for PIP and what they might need in the way of more information or evidence to increase your points so that you become eligible. All this will give you a much clearer picture of what is happening at their end and what you need to do next.
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    edited August 2017
    Hi @clangers

    My feeling would be, that if you have an appealable decision, forget the MR and send the appeal, purely to speed matters up.

    Unless you have some rock solid evidence that will almost certainly overturn the decision, you're likely to end up at appeal anyway.

    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

    In fact, even if you do have some rock solid evidence, you could still send it as an appeal, and then send a seperate letter to the DWP outlining the fact that you didn't knowingly request the MR, and that you have this additional evidence which you would like their decision to be reconsidered in light of etc...

    Hope this helps!

    Mary
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • CockneyRebel
    CockneyRebel Member Posts: 5,217 Disability Gamechanger
    WOW
    You have just about every senario available to you
    1) As you haven't yet requested an MR there is a small window to send in further evidence and talk to a DM to revise the origional decision.

    2) As you have an MR "decision" you have a small window to talk to a DM about your new evedence and get a revision.of the MR that you didn't request

    3) you can request an MR, which you haven't done , and submit new evidence and await the outcome

    4) As you already have an MR letter you can straight away appeal  to the tribunal and submit your new evidence

    5) As you don't have an award in payment, you could make a new claim as there is no waiting time
    Be all you can be, make  every day count. Namaste
  • ellentony
    ellentony Member Posts: 4 Listener
    clangers said:
    Hi there,I received a mandatory reconsideration notice the other day which in short states that the Decision maker has looked at my claim again deciding that they can't give me an award in either category.
    What I fail to comprehend is that I've not asked for the D.M.to look at it again nor asked for mandatory reconsideration. It looks to me as though procedure has not been followed and the decision has already been made and 'rubber stamped' to boot.
    Do I state this when I do send imy Mandatory reconsideration letter in the next week or so.as it seems like a pointless exercise when they have already made up their minds.

  • ellentony
    ellentony Member Posts: 4 Listener
     Please don't be put off they refused my friends benefit through the Department of works and pensions we have spoke to citizens advice bureau you need the full reason  why they are going to stop it if you fight them you will win believe you me they have reinstated part and backdated it so fight for what you think is rightfully yours this country has slipped back to the 30s Eire please don't be put off
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Hi clangers,

    The DWP rarely change a decision at mandatory reconsideration stage unless you send in overwhelming medical evidence to disprove the conclusions and recommendations of the healthcare professional. So if you haven't got this overwhelming evidence you are likely to have to go to an appeal in the end. You might want to save time by completing the SSCS1 (appeal form) rather than contact them about why they've done an MR without you asking for one. Whatever you do though, don't give up! Good luck!

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • wildlife
    wildlife Member Posts: 1,308 Pioneering
    edited August 2017
    @Clangers Just to say we're all entitled to our own opinion but I can't help noticing that the expert advice is to bow down and accept the huge gaff that DWP have made instead of complaining and using it to your own advantage which is more or less the advice given by people who've been through this process themselves. I agree that not many claims are changed at MR stage but don't agree that you should accept an MR that didn't even give you the chance to write your argument and send in further evidence. The lack of success by others is no reason not to continue to try and get more points by asking for a proper MR to be done. Each case is different and the fact is you  haven't got an award so far so  if you increased your points now by requesting an MR that you HAVE asked for that would be further up the ladder of success. Your chances of going from no award to higher rate in both components is very slim on Appeal but your chances would be better doing it step by step. 
           In saying this I hope the lack of follow up post from you means that you have decided for yourself what to do and got on and done it.   

Brightness

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