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Mandatory reconsideration

jameslangjameslang Posts: 3Member Listener
edited April 2018 in PIP, DLA and AA
Had my mandatory reconsideration notices after enhanced personal care,no mobility states my anxiety issues unable to travel alone or follow a route 

Replies

  • jameslangjameslang Posts: 3Member Listener
    Unable to request a review after law change 
  • JennysDadJennysDad Posts: 2,308Member Pioneering
    Hello James @jameslang and welcome to the community. Sorry I couldn't get back to you sooner.
    Yours sounds like a question for one of our benefits advisors (which, regrettably, I am not) but they will be in touch with you as soon as possible, most likely Thursday day-time. Please bear with us (and do stay in touch!) and we will get back to you.
    Warmest best wishes,
    Richard
  • CockneyRebelCockneyRebel Posts: 5,246Community champion Disability Gamechanger
    Hi jameslang and welcome

    Why can' t you appeal ?

    If you can tell us a bit more we may be able to point you in the right direction

    CR
    Be all you can be, make  every day count. Namaste
  • mikehughescqmikehughescq Posts: 3,366Member - under moderation Disability Gamechanger
    And what law change?
  • jameslangwiganjameslangwigan Posts: 3Member Listener
    I am talking about mental health descriptors surrounding going out and following routes. The DWP were wrong not to award mobility issues caused by mental health so I believe 
  • CockneyRebelCockneyRebel Posts: 5,246Community champion Disability Gamechanger
    This only affects claims from march 2017 to I think feb 2018 when the march decision was overturned.
    DWP are looking at all cases that may have been wrongly assessed and will contact claimants in due course

    CR
    Be all you can be, make  every day count. Namaste
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,677Member Pioneering
    jameslang,

    There is nothing to stop you appealing if you believe that the MR is wrong - if this is a recent MR, then they should have applied the new guidance on psychological distress. If it isn't that recent, you may be one of the people due to be reassessed, but this will take a very long time & you do have a right of appeal meanwhile. If it's more than a month since the MR, you'll need to explain why you are appealing late, but I wouldn't let that put you off.

    The DWP have said they'll look at all decisions made since the judgment (November 16), & that backdating would go back to that date or the date of claim, whichever was later. But it's arguable the case (MH) didn't change the law, it simply gave us the correct interpretation of it, so perhaps some backdating should go further. 

    Anyway James, given that it could take the DWP several months before they look at your decision again (and it may not even be looked at as part of that exercise if it is a very recent MR), then it is a good idea to appeal, and as long as you are within the absolute time limit of 13 months, you should be able to try doing that. 

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • jameslangjameslang Posts: 3Member Listener
    Thank You for your information, i think i should appeal as you state, i am currently under a late appeal of a universal credit decision stating i am fit for work so since signing up to UC (requested ESA) 18 months ago. The citizens advise informed me whilst under appeal for UC they think it best not to challenge their decision regarding PIP (awarded enhanced personal care) with no mobility awarded even though i suffer leaving my home. Can you help me appeal pip ?
    kind regards
    James Lang 
  • mikehughescqmikehughescq Posts: 3,366Member - under moderation Disability Gamechanger
    Nothing to stop you challenging both simultaneously but it’s good advice to maybe pause for thought as a PIP challenge will always carry some risk of you losing what you have and that could then leave you with zilch. 
  • jameslangwiganjameslangwigan Posts: 3Member Listener
    Thank you for your message, with the way DWP treat people, trying to cut back enhanced awards I am already suffering.
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