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Mandatory Reconsideration
- Dizzy15
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6 years 10 months ago #190687 by Dizzy15
Mandatory Reconsideration was created by Dizzy15
I am new to this site and I apologise if this has been asked before but I struggle to focus on a screen (due to illness) and typing this is very difficult. I scored 0 points as my ESA assessment and having read the report I am totally shocked by the catalogue of lies within same. I am going to do a MR and I have an appointment with JCP on Friday 9th June) to sign on for JSA.
Q.1. My current fit note covers me until 1st July - do I show the JCP the copy fit note or do I wait and submit it later? My GP will issue a new one from 2nd July.
Q.2. Who can I ask to help with the MR? I live alone and have no-one to help me. I have a complex care worker assigned to me but, despite leaving messages, no-one is getting back to me. I have tried the CAB but keep getting put through to the wrong department and being cut off.
Q.1. My current fit note covers me until 1st July - do I show the JCP the copy fit note or do I wait and submit it later? My GP will issue a new one from 2nd July.
Q.2. Who can I ask to help with the MR? I live alone and have no-one to help me. I have a complex care worker assigned to me but, despite leaving messages, no-one is getting back to me. I have tried the CAB but keep getting put through to the wrong department and being cut off.
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- Gordon
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6 years 10 months ago #190724 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration
D
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
You can't present the Fit Note when you make your claim for JSA as you must be Fit for Work or your JSA claim will be rejected, once the claim is accepted in payment you can then present the Note and you should be excused from your Claimant Commitment for up to 13 weeks.
You can do an internet search for "welfare advice" with your postcode, town or county. Also. try contacting any charities that specialise in your conditions.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
You can't present the Fit Note when you make your claim for JSA as you must be Fit for Work or your JSA claim will be rejected, once the claim is accepted in payment you can then present the Note and you should be excused from your Claimant Commitment for up to 13 weeks.
You can do an internet search for "welfare advice" with your postcode, town or county. Also. try contacting any charities that specialise in your conditions.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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