Page 5 of 9 FirstFirst ... 34567 ... LastLast
Results 41 to 50 of 84

Thread: PIP Mandatory Reconsideration. Do I make my own points suggestions or not?

  1. #41
    Really? So that means if there is a precedent that strengthens my case I have to rely on the Judge being aware of it? As decisions that can establish a precedent must be made fairly often would the Judge necessarily be aware of them all?

  2. #42
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    7,915
    The point is that while judges may expect your representative (if you have one) to bring up previous case law, they don't expect you as a benefit claimant to be legally qualified to read and understand it.

    Fair enough benefit tribunals are fairly relaxed and you could probably get away with it, but if you get a narky judge (who thinks you are trying to tell him his job) then it could backfire on you.

    By all means be aware of previous case law if there is any that is relevant.
    If the judge doesn't know it, or ignores it, then that would be grounds to appeal to the Upper Tribunal if necessary.

    Also remember that previous FTT rulings are not relevant, the FTT cannot make case law only the UTT or higher can do that.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #43
    Quote Originally Posted by nukecad View Post

    Also remember that previous FTT rulings are not relevant, the FTT cannot make case law only the UTT or higher can do that.
    That's a very useful reminder. Thanks

  4. #44
    Well, that's the reconsideration in and received by DWP - kept a screenshot of the 'signed for' from Royal Mail track and trace just in case. Things have moved pretty fast - by DWP standards - so far. Received application form May 7th, sent it back 24th, received by DWP 29th (sent on a Friday over a bank holiday weekend which explains the five day difference), received ATOS letter June 5th (dated May 30th) for assessment June 12th. DWP received that June 14th. Received DWP refusal July 4th (dated June 26th). DLA ends next week - Jul 23rd.

    From DWP receiving my application to refusing it was less than a month - May 29th - June 26th. Two weeks after assessment and they said decisions took six weeks on average.

    So now I expect it all to come to a shuddering halt until October then another rejection and who knows how long until appeal is heard. They're saying an average of ten weeks for a decision which takes it till late September. But I don't expect them to be as prompt with this now they're no longer paying DLA.

    Time to try and stop thinking about it for a bit. if I can. Thanks for all advice received.

  5. #45
    dont expect a win on MR so you dont have unrealistic expectations.

    On tribunal I will point out I went from 0 points on DLA to high mobility award. So dont give up.

  6. #46
    Oh I don't expect to win on MR though I am aware that success rates are slowly creeping up. I just hope it doesn't go the full ten weeks before getting a reply as I want to get the appeal process under way ASAP.

  7. #47
    The whole MR thing is such a farce, before it was a thing, a reconsideration was done anyway as matter of process when appealing. The difference was that it didnt have to be manually requested and it didnt take 10 weeks.

  8. #48
    Yes, I'd imagine it's effective in keeping numbers down. First, not everyone is going to ask for one. Second, length of process will also deter. Third, prospect of tribunal will further scare folk off. I've had another look at the timescales involved in my HMRC tribunal and if it's the same here I'm looking at early February. If it's a full ten weeks then the beginning of March. Date of PIP application was May 2nd. I know if successful it's backdated but it's far too long a process and appears designed that way deliberately.

  9. #49
    Yeah my view is its a deterrent policy more than anything.

    i have always wondered what would happen if the system was used against the DWP.

    So e.g. you get SG with 1 year prognosis, likely 9-10 months next ESA 50. So you appeal the decision on the basis the prognosis is too short.

    The length of time from original MR, to tribunal date will be way in excess of 1 year and with the decision pending, it would defer any future WCA, extending the date, so even if the original decision was to be upheld the nature of the process would have extended the time period.
    Last edited by worried33; 07-27-2019 at 04:02 AM.

  10. #50
    Another thought struck me and that's the role - or non-role - of the health professional at appeal. As I understand it usually the only people present at the tribunal are the appellant and the DWP and often there will be no one from the DWP either. But what is the position with the assessor? Are they entitled to appear? Can they be COMPELLED to appear? Like just about everyone who has been rejected I have a number of issues with the assessor's report. Now, while it's possible the DWP may go back to her before completing mandatory reconsideration is that the end of the matter as far as ATOS are concerned? Ideally I'd like the opportunity to directly question the assessor at tribunal. Not on her opinions but manifestly demonstrable errors in her report such as for example stating a dosage of medication as 2.5mg when it specifically states 20mg on prescription. I know that by itself that proves nothing but given that is just one of several factual errors I'm thinking that being able to ask about these errors face-to-face in front of the tribunal helps to bring the entire report into question.

Similar Threads

  1. ESA | 0 Points | Mandatory Reconsideration / Revision Sent 1 Year Late
    By hughie1 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 7
    Last Post: 08-29-2017, 03:17 PM
  2. Mandatory reconsideration for pip help
    By Dannyboy in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 3
    Last Post: 07-20-2016, 11:06 AM
  3. PIP - 2 points to award on reconsideration
    By Vicky87 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 4
    Last Post: 11-10-2015, 03:18 PM
  4. PIP Deciison - 0 Points! Going to write a Mandatory Reconsideration. Advice please.
    By JohnWilko in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 15
    Last Post: 08-21-2015, 04:13 PM
  5. mandatory reconsideration ???
    By hurting13 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 11
    Last Post: 04-01-2014, 08:17 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •