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PIP - What should I present at reconsideration req
- Jackie Vallerius
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10 years 6 months ago #126217 by Jackie Vallerius
PIP - What should I present at reconsideration req was created by Jackie Vallerius
Hi
Having subscribed to your site after we had submitted my daughter's claim for PIP, we were not able to take advantage of the wonderful guides available and so our claim form went in with all the info from the DLA form submitted 3 years ago (awarded middle rate care/lower rate mobility for ME/CFS and non-epileptic seizures). As nothing had changed, we assumed the PIP would be approved. No such luck, brown envelope contained a straightforward 0 points for the first section and 4 for the mobility. So now we face the emotional trauma of a reconsideration (whilst also having ESA money stopped because they needed proof of her student loans, though they didn't write and ask for said proof, which then led to Housing Benefit being stopped because she wasn't receiving ESA!) Do they not realise that her illness is made worse by stress?
Anyway, my question is this - we are going to ask for a mandatory reconsideration and, now having the benefit of your guides, have prepared diaries, supporting letters and the addressing of each of the points in turn with why the decision is incorrect (focussing mainly on the "repeatedly" part of being unable to carry out the tasks), should we throw everything at them at this stage or just some of it? If everything is sent, what would be left to ask them to consider at an appeal, assuming the reconsideration doesn't go our way?
Also, what happens with payments - we've been told they will stop in a fortnight. Will they continue until after reconsideration/appeal or be backdated if we are successful?
If only these people knew what the stress of these situations result in. Many thanks for any help.
Having subscribed to your site after we had submitted my daughter's claim for PIP, we were not able to take advantage of the wonderful guides available and so our claim form went in with all the info from the DLA form submitted 3 years ago (awarded middle rate care/lower rate mobility for ME/CFS and non-epileptic seizures). As nothing had changed, we assumed the PIP would be approved. No such luck, brown envelope contained a straightforward 0 points for the first section and 4 for the mobility. So now we face the emotional trauma of a reconsideration (whilst also having ESA money stopped because they needed proof of her student loans, though they didn't write and ask for said proof, which then led to Housing Benefit being stopped because she wasn't receiving ESA!) Do they not realise that her illness is made worse by stress?
Anyway, my question is this - we are going to ask for a mandatory reconsideration and, now having the benefit of your guides, have prepared diaries, supporting letters and the addressing of each of the points in turn with why the decision is incorrect (focussing mainly on the "repeatedly" part of being unable to carry out the tasks), should we throw everything at them at this stage or just some of it? If everything is sent, what would be left to ask them to consider at an appeal, assuming the reconsideration doesn't go our way?
Also, what happens with payments - we've been told they will stop in a fortnight. Will they continue until after reconsideration/appeal or be backdated if we are successful?
If only these people knew what the stress of these situations result in. Many thanks for any help.
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- Gordon
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10 years 6 months ago #126218 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP - What should I present at reconsideration req
JV
We often get this question on the forum.
It is important for you to understand that the MR and appeal are two separate processes, the MR is primarily a re-evaluation of the Decision that has already been made, whereas the Tribunal will look at all of the evidence available from scratch with no preconceptions of what the Decision should be.
There is therefore no benefit in holding back information from the MR that may make the difference on whether the original Decision is overturned or not, your aim is to get the correct Decision for your daughter as quickly as possible. If it goes to a Tribunal then the panel will not be influenced by the DWP rejecting your evidence, their role is to look at everything from scratch and to review it on it's merit and relevance to the ESA Descriptors.
I am afraid that your daughter's DLA payments will cease four weeks after the date of the PIP Decision, her appealing will not change this, if she wins her case then her award will be back dated to the date her DLA finished.
Gordon
We often get this question on the forum.
It is important for you to understand that the MR and appeal are two separate processes, the MR is primarily a re-evaluation of the Decision that has already been made, whereas the Tribunal will look at all of the evidence available from scratch with no preconceptions of what the Decision should be.
There is therefore no benefit in holding back information from the MR that may make the difference on whether the original Decision is overturned or not, your aim is to get the correct Decision for your daughter as quickly as possible. If it goes to a Tribunal then the panel will not be influenced by the DWP rejecting your evidence, their role is to look at everything from scratch and to review it on it's merit and relevance to the ESA Descriptors.
I am afraid that your daughter's DLA payments will cease four weeks after the date of the PIP Decision, her appealing will not change this, if she wins her case then her award will be back dated to the date her DLA finished.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jackie Vallerius
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