How successful is PIP mandatory reconsideration?

In this blog post, we are going to debate “How successful is PIP mandatory reconsideration”.

We have some interesting statistics for you, so make sure you check them if you are considering applying for a PIP mandatory reconsideration. 

What is a PIP mandatory reconsideration?

A PIP mandatory reconsideration is a request addressed to the Department for Work and Pensions to reevaluate your claim for Personal Independence Payment.

You should apply for a PIP mandatory reconsideration even if you did not receive a PIP claim; if you got a lower rate than you expected or if you think the award you got is not long enough. 

How to apply for PIP mandatory reconsideration? 

There are three ways you can apply for mandatory reconsideration. 

  1. You can write a letter to the Department for Work and Pension and explain why you disagree with their decision. 
  2. You can fill a mandatory reconsideration form, called the CRMR1 form and send it along with a letter that best explains why you feel you’ve been wronged. 
  3. A third option is to call the DWP to ask for a reconsideration, but it’s always better to have everything in writing. If you choose this option, make sure you follow up with a letter. 

As you have probably noticed, all three options have included a letter.

But what exactly should that letter contain and how is it different from the form you initially filled when claiming PIP?

Don’t worry, we have got you covered. 

What should your letter for PIP mandatory reconsideration contain? 

The letter for PIP mandatory reconsideration should contain any new information describing the changes you have been through from your last assessment with DWP.

You have to say why you disagree with the decision taken by the DWP.

Give examples, facts, details and medical reports as evidence that sustains your claim. 

  • Any new information such as test results or scan results.
  • New medical reports from any nurses, doctors or other professionals that look after you.
  • Reports or care plans from any new therapists or nurses.
  • Your current repeat prescription list, if you have one.

Before sending your letter and applying for PIP mandatory reconsideration, check the date on your initial decision letter.

Legally, you can apply for a mandatory reconsideration within a month from that date.

If the letter arrives to the DWP later that one month, they are legally obliged to reassess your case.

They still might do it, so don’t hesitate to send the application anyway. 

If you do miss this deadline and they refuse to reassess your case, you can always request a PIP appeal within 13 months from the date of the initial decision. 

It’s also important to mention that you cannot apply for a PIP mandatory reconsideration only because you think you should get more money.

You have to look at what the criteria actually are (as set out in the law, the daily living and the mobility component) – not what would be fair, or what they were under DLA. 

Did you know that if your condition has gotten worse, you can also challenge the DWP’s decision?

However, this requires a different procedure so it is best to contact your local Citizens Advice in England and Wales or Scotland for further advice. 

When will I receive my answer?

The Department for Work and Pensions does not have a timeline for getting back to you with an answer.

Once they receive your application for PIP mandatory reconsideration, they will send back a Notice confirming the registration of your request. 

It can take any time between two weeks and several months before you get a response, so don’t get impatient if you don’t hear from them straight away. 

What to do if you are not successful with your PIP mandatory reconsideration?

If you are not successful with your PIP mandatory consideration, don’t lose your temper, don’t get over emotional and most importantly, don’t give up.

Not all hope is lost since you can always appeal to a tribunal. 

The judge who will evaluate your case is not part of the DWP and if you need one more reason to appeal your case: Figures released by the Ministry of Justice in September 2019 show that around 75% of appeals against PIP decisions made to a tribunal were successful in 2018/19.

What are the success rates for mandatory reconsideration for PIP?

The success rate for Mandatory Reconsideration is just 15%.

Comparing this to the success rate of appeals to a tribunal, clearly, the Mandatory Reconsideration process is not working as well as it could be.

The Statistics from the Department for Work and Pensions (DWP) show that on average, 70% of the tribunal appeals against a decision relating to disability awards were successful.

The 70% success rate encourages more claimants to appeal the DWP’s decision if they disagree with it. 

What are the success rates for PIP and ESA appeals?

The success rates for PIP and ESA appeals now are 75%, according to the new Ministry of Justice statistics.

The new figures also show for the period from April to June 2019 that:

  • Disability Living Allowance (DLA) appeals had a 67% success rate
  • The Universal Credit appeals a 65% success rate
  • And that 71% of welfare benefit appeals had the initial decision revised in favour of the claimant. 

These numbers are encouraging for the claimants, however, they also highlight the problems and the poor quality of PIP and ESA initial assessment.

The DWP should take in account this issues and perhaps reform their policies and procedure at the mandatory reconsideration stage. 

The claimants have to wait months for justice and many don’t even apply for a second or third chance since an appeal at an independent tribunal is causing unnecessary stress, anxiety, as well as unjustified financial issues.

Is it worth applying for a PIP mandatory reconsideration?

It is always worth to apply for a PIP mandatory reconsideration, even if the chance of success is only 15%.

The reason for this being that Mandatory consideration is imperative for anyone who wants to appeal to a benefits tribunal.

The appeal process is free of charge and a successful outcome could make a significant difference to the claimant’s life.

Many people decide not to even take into consideration the possibility of applying for PIP mandatory reconsideration because they think it will be too stressful or because they do not understand the process.

Many claimants are not aware of how important evidence that sustain their claim are, or don’t know where and how to ask for help in order to be successful with a PIP mandatory reconsideration. 

How to ask for a PIP appeal

If you decided to apply for a PIP appeal you can begin by filling the SSCS1 form and send it to the HM Courts and Tribunals Service

The form you have to fill is probably going to look familiar by now.

There is an “About you” section, where you have to write some personal information like your name, address, postcode, and contact details.

But the most important sections are sections number five and seven.

These sections are about your appeal and your requirements. 

In section 5, you have to explain why you think the DWP’s decision is wrong.

You need to give as many details as you can.

You can use the DWP’s decision letter, the statement of reasons and the medical assessment report as a guideline.

Highlight the statement that you disagree with and explain why you think they are wrong.

You should use as example medical evidence from either your doctor, a nurse or a social care order, in order to support what you’re saying.

Don’t forget section 7 where you can mention what your needs and requirements are for the date of the hearing.

This might include any special transport to get to the tribunal, a wheelchair accessible entrance, a signer or an interpreter.

You have the right to ask for the appeal to be rescheduled if on the day of the hearing your requirements are not met. 

Side Note: I have tried and tested various products and services to help with my anxiety and depression. See my top recommendations here, as well as a full list of all products and services our team has tested for various mental health conditions and general wellness.

Conclusions

In this blog post, we found out exactly “How successful is PIP mandatory reconsideration”.

The answer is about 15%, a number not at all encouraging. However, we received some good news too: Between April and June 2019, 71% of welfare benefit appeals had the initial decision revised in favour of the claimant. 

Mandatory reconsideration is a chance to get your case reassessed without all the stress and unnecessary expenses of an appeal in a tribunal.

However, if you do not get the answer that you were expecting, you should take into consideration appealing.

There is professional help available in order to guide and support you at this stage of your claim. 

Please feel free to comment on the content or ask any questions in the comments section below.

Frequently Asked Questions

How successful is PIP mandatory reconsideration?

The success rate for PIP mandatory reconsideration is estimated at around 15%, which is a very small number.

The success rate for those claimants who go on to appeal, however, is 73%. 

How long does PIP mandatory reconsideration take?

Some mandatory reconsiderations take two weeks, but some take several months.

It is always good to contact them after a few weeks without an answer, in order to ask how much longer the process is going to take.

Are PIP assessments fair?

PIP is a fair assessment.

Considering an individual’s health condition or the extent to which a disability impacts them while completing daily activities, the PIP benefit is awarded or not.

Does PIP stop during mandatory reconsideration?

During mandatory reconsideration, you will not get any payments.

If you are moving from DLA to PIP you will continue to get DLA for 4 weeks following the decision.

Is it worth asking for a mandatory reconsideration?

It’s worth asking for a mandatory reconsideration, as long as it’s within 13 months of the decision.

If you are putting up the request later than one month from the date of the original decision, you’ll need to explain your reasons for being late. 

What are the PIP assessors?

A PIP assessor is a medical professional who impartially assesses the personal situations of those with a disability to see if they qualify for PIP.

They ensure that those requiring help and assistance from the Government are able to receive it. 

Recommendations

  1. Personal Independence Payment: What You Need to Know
  2. Nolo’s Guide to Social Security Disability: Getting & Keeping Your Benefits
  3. Caregiving Diary: Daily and Hourly 245 Page Planner
  4. Government’s Response to the Independent Review of the Personal Independence Payment Assessment
  5. Argument Structure: Secrets of the World’s Best Debaters: Master the Structure of Arguments

References

  1. PIP and ESA appeal success rate
  2. Challenging a PIP decision
  3. How to win a PIP appeal – Advice Now

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