PIP Decision Letter/Mandatory Reconsideration

Hello

I wasn't sure whether to create a new topic here, or just to continue with the one I started a couple of weeks or so back (PIP Medical Report), so my apologies if this is is the wrong place.

After receiving the ATOS medical report which contained omissions, misinterpretations & failed to explain some of my issues accurately in relation to how they affect my life, I shortly after received the Decision Letter from the DWP, and I've been awarded exactly as the HP suggested in the report - standard rate for both categories, which I don't agree with.

I understand I have one month to request a mandatory consideration from the date of the decision letter but I haven't requested one as yet. My approach was to go through the medical report with a fine tooth-comb, comparing what the assessor has written with both the notes made on the day by a friend (who was with me during the medical) and my recall of the conversation. I've made typed notes of all of these discrepancies, cross-referencing them with the pages on the medical report, so they're easy to follow.

I am now waiting for extra written evidence in the form of letters from one of my two hospital consultants (they know it's very urgent), my GP (can't get an appointment till next week!), one of my non-NHS health professionals (who is on holiday until the end of next week), and a close friend (next week). Also my other hospital consultant is happy to write me a letter, but cannot do so until after the one-month deadline has passed (I understand I can send that in later, as long as I clearly state in my letter to DWP that further information will be sent shortly, and not to make any decision until this information has been received). All of this additional information will refer to specific descriptors, for which believe I should have been given extra points (but haven't been), so the evidence is very important. I also want to meet up with my friend who sat in with me at the "medical" - just to double-check that I am recalling things correctly & also so he can decipher his handwriting for me, as some of his notes are difficult to read. I then want to get it checked over by a Welfare adviser before I send it in, just to be on the safe side that I'm not shooting myself in the foot by going ahead with this.

My thinking was to request a MR in writing at the end of next week, or over that weekend, enclosing both my notes and the crucial additional medical information. This means the DWP would get it all (except the one consultant's letter, which I will send later) a week before the one month deadline ends - so well within the limit.

I am now a little confused, having read your guide: 'Challenge to PIP Decision - A Guide to Mandatory Reconsiderations & Appeals', as I am reading that I should really be phoning the DWP immediately on receiving the decision letter & leaving the evidence to later, if I want to ask for MR. I am a bit overwhelmed mentally by everything at the moment to be honest, so I'm sorry if I've misunderstood something. Could you clarify please?

My concern is that I am not very good at talking on the phone in these situations, and can go to pieces. Also, I sleep irregular hours due to pain levels which can keep me awake at night, and I might miss any daytime calls that the DWP make if I'm sleeping in (in fact I usually switch the ringer off until I wake up, which could be in the afternoon). Also my drugs affect me & sometimes I can't think clearly. This is why I thought that writing was the best route, keeping a copy & using registered post.

I have been to CAB who looked through the report & my comments. They were quite horrified with the discrepancies & think I have a strong case and said they thought my notes were very clear and easy to follow, but like yourselves, they have warned that sometimes decisions can go the other way, though they thought unlikely. But I thought I'd double check with a Welfare Rights Advisor first, before I finally send everything off. (BTW, my local CAB said this was the first case they'd dealt with where a claimant was disputing a medical report.)

Could you please let me know if I'm going about things the right way - is it OK to send stuff in as I've suggested or if I should be phoning the DWP?

Thanks in advance. Dexy

Thanks very much Gordon - I think I will keep to my original plan then - to send it in writing by registered post for proof, with my notes & the additional evidence I have up to that point (plus a note that extra evidence is to follow shortly) - I'll be very sure it arrives a full seven days before the deadline!!

Hello

Is payment of benefit withheld during the period of mandatory consideration? Or do I receive it at the rate as specified in the official decision letter, until such time as the DWP makes up its mind over the reconsideration?

Many thanks

Dexy

Dexy wrote: Hello

Is payment of benefit withheld during the period of mandatory consideration? Or do I receive it at the rate as specified in the official decision letter, until such time as the DWP makes up its mind over the reconsideration?

Many thanks

Dexy

Hi D,

If you have been awarded Standard PIP Awards for "both" as indicated : Here, then that is what you should receive whilst the MR and any subsequent appeal are ongoing.

bro58

Further to the above queries regarding a MR, am I right in thinking that Descriptor 3d only applies to home-based therapy? I am asking as I need prompting and assistance for a therapy that takes place away from home (which has been recommended by a consultant), but I don't want to try to argue my case for that, if it's really not appropriate


Also, would I qualify for the 4 points for Descriptor 1g, if I could argue successfully that I need assistance to either prepare or cook a simple meal over 50% of the time, or would a lower percentage stand me a chance?

Thank you.