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TOPIC: PIP Mandatory Reconsideration - advice needed

PIP Mandatory Reconsideration - advice needed 1 month 1 week ago #172079

I've just received my PIP award letter and I have issues with the decision that was reached. I'd like to apply for Mandatory Reconsideration, but I wonder if there's any point. According to the letter, the decision maker used the "How your disability affects you" form and the healthcare professional's report. Given the decision made, he ignored the form and the HP wasn't listening. No evidence was taken from any healthcare professional that sees me on a regular basis.

The Mandatory Reconsideration will be based on the same information as the original decision. Is there any point in going through the process - other than it being a required step before as appeal is permitted?
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PIP Mandatory Reconsideration - advice needed 1 month 1 week ago #172100

  • Gordon
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IH

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

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Revision rates at the MR stage are very low, but they do happen, success at appeal is fa higher (60%+). Appeal panels treat the evidence in a much more balanced way than the DWP Decision Maker, not least because the DM is not medically trained and is wholly dependant on the assessor report, whether it is a true reflection of your problems or not.

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
Last Edit: 1 month 1 week ago by Gordon.
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PIP Mandatory Reconsideration - advice needed 2 weeks 5 days ago #173773

I received a copy of the assessor's report today. Some of it was accurate and fair, but there were omissions and gross inaccuracies. For example, the HP stated that she had seen me walk 20m was an overstatement. She saw me walk 20ft in total. There are too many discrepancies to go into here.

What is the best way to challenge the report? I've asked my MS nurse for medical evidence to support my claim, something I didn't have a chance to do when I submitted the original application. What else can I/should I do?
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PIP Mandatory Reconsideration - advice needed 2 weeks 5 days ago #173778

  • Gordon
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Irene

Rather than tackling the report head on, I would recommend that you go back to basics and explain again why you meet the criteria, so using the distance you were alleged to have walked; I would explain why your walking is limited, how limited it is and the effects that walking has on you, then you can bring in what you supposed to have done and show that it was not reasonable either because it was too far for you to have walked or because of the effects it would have had on you.

Remember you must be able to complete an activity "reliably" and "on the majority of days" not to score points.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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PIP Mandatory Reconsideration - advice needed 1 week 5 days ago #174510

I'm still working on my request for Mandatory Reconsideration, which is mostly a challenge of the assessor's report. My condition has worsened since the assessment in some respects, making walking more difficult and more painful. Should I include this information in my request as it's more a change of circumstances than a challenge to the decision? I'm still waiting for the medical evidence to arrive but I've seen a copy. It mentions that my mobility is significantly less than the HP stated in her report, so I do have that to back me up.
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PIP Mandatory Reconsideration - advice needed 1 week 4 days ago #174521

One more question. There are some things in the report that aren't true. For example, the HP claims that I told her I engage with others on a daily basis. I seldom go out alone and don't have visitors. I certainly don't engage with strangers on a regular basis - I couldn't! Is it OK to say quite bluntly that this isn't true, effectively calling her a liar? I don't have any other way to phrase a contradiction to something like this.
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