Pip

[ricozoe]

After getting pip since ruptured aneurysm.had a face to face.and lost mobility allowance.which meant also lost dissability from my esa.now have been put in look for work group.my neuro dr sent in a leter disagreeing with the decison.but pip said thy havent recieved it.so now have to send my copy.n wait .by which time itl be too late to appeal.im not goin to wait.im sending appeal in.n if it goes to tribunal ok.i think thy mess u about .but thnk goodness theres neuro drs who know wat brain injury is.n are willing to help.will post againe when i gt some news.

[sealiphone]

You can't appeal until you've requested and received a decision on a mandatory reconsideration request. You have 1 month from the date on the PIP decision letter in which to make the request. Normally this should be put in writing but telephone contact can also get the ball rolling

If you send a copy of of the doctors letter it will be considered when making a new decision. However I find that a lot of doctors letters aren't helpful as they don't talk to the relevant issues but obviously do include it.

An appeal has to have the mandatory reconsideration response attached to the SSCS1 appeal form. Again a 1 month time limit to get your SSCS1 form to Appeal Services, mandatory reconsideration decision seem to be taking around 4 weeks to arrive.

You need to seek advice from a CAB, Welfare Rights service or another agency in your area who deal with benefit issues. A Welfare Rights Google search will bring up agencies close to you.

Any questions feel free to ask.

[ricozoe in reply to sealiphone]

Thanks for reply.pip ave told me to send copy of neuro drs letter n wait to see if itl mke any difference.i will send it.but by the time thy look at it.it would be too late fr me to appeal .thnks fr info on time fr appeal n all.thy said thy posted response yesterday.so as soon as it comes il start appeal.myneuro dr does not agree with anything thy say i can do.its goin to be a long fight with them.but me nit giving up has got me through for the last 5 years.hope all is goin ok for you.

[sealiphone in reply to ricozoe]

It may be that contact with PIP has already instigated the Mandatory Recon (MR) procedure. Telephone them to see if this is what's happening, if so you can appeal once their new decision arrives, it doesn't matter how long they take to make it. If they don't have the doctor's letter in time a decision will be made without the new evidence.

It's very common for the new decision not to favorable, even with evidence that would persuade a Tribunal.

Recently I've found that they may extend the strict one month time limit for a MR request were mental health issues are present.

[sealiphone]

This is just me letting off steam concerning how the DWP have changed over the years.

2002 and I could speak to a Decision Maker (DM) about an appeal with mutual respect and it wasn't uncommon to resolve matters without going to the Tribunal.

Since then it's gone down hill, you can't speak to a DM and it moved from ensure benefit entitlement occurs to how can we prevent an award.

[steve55]

it can take nearly a month from the time dwp receive it to the time it appears on the screen, then youve got the date the consultant dictated the letter and the time it took to get through the hospital system.

just because youve lost your mobility from pip doesnt mean youve lost your mobility from esa, theyre 2 different benefits.

[sealiphone in reply to steve55]

That bit is unclear but it appears to me it's been decided none of the Support Group criteria apply, the same dispute rules apply.

If this is the case ricozoe defiantly need advice, as there could be some risk of the Tribunal deciding she does not qualify for ESA at all, however this can be avoided with good advice.