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Mandatory Reconsideration help needed
- mark v
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7 years 4 months ago #177272 by mark v
Mandatory Reconsideration help needed was created by mark v
after my assessment I received eleven points for daily living and eight for mobility,on engaging with others f to f the HP gave me 2 points for prompting,the report has contradictions and bad mistakes{at one point i am referred to as she}there was important information that has been ignored and denied,but else where in the report the HP put "gets very anxious when meeting people face to face will need to be accompanied as he starts to panic"which is what I said at consultation and on questionnaire surely this is under"needs social support",which would be more points,I only need one more? also for planning and following journeys, HP wrote, "needs to be with someone when going out he becomes very anxious and will start to panic.He is afraid of meeting people."again I got needs prompting? I am confused and would appreciate any help with understanding this. I am doing a mandatory reconsideration the last four months have been indescribable,(you know what I mean) copd anxiety,depression debilitating headaches,hyperhidrosis back pain and insomnia
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- Gordon
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7 years 4 months ago #177307 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration help needed
Mark
I think you will need to show more than that for Social Support.
“Social support” means support from a person trained or experienced in assisting people to engage in social situations.
As to the Going Out, the higher point Descriptors require you to have problems with navigation or that you cannot undertake a journey in the first place.
Have a look at the PIP Claim guide for a more detailed explanation.
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
I think you will need to show more than that for Social Support.
“Social support” means support from a person trained or experienced in assisting people to engage in social situations.
As to the Going Out, the higher point Descriptors require you to have problems with navigation or that you cannot undertake a journey in the first place.
Have a look at the PIP Claim guide for a more detailed explanation.
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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- mark v
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7 years 4 months ago #177340 by mark v
Replied by mark v on topic Mandatory Reconsideration help needed
thank-you for your reply sorry for not making myself clear I requested a mandatory reconsideration earlier this month also I have been sent a copy of the assessors report and i was quoting from that. I have read the guides and frankly i wish i joined before i did my pip2 claim form as they are really good but i joined after and i could kick myself for not doing it sooner. However i am now annoyed with myself as i got so nervous before assessment and during i said the wrong thing and could not change what i said because you lose all credibility and forgot to say what i really needed to get across. But i did say ie i have problems with certain activities(one serious) and on the report it says i never mentioned this at the consultation or on the claim form? yet the assessor has written on her report that i have these problems in the functional history section.
when i said about needs social support i meant at least, does the DM score the points on the descriptors or the assessor?
when i said about needs social support i meant at least, does the DM score the points on the descriptors or the assessor?
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- slugsta
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7 years 4 months ago #177345 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Mandatory Reconsideration help needed
Hi Mark,.
The Decision Makers have no medical background so it is unusual for them to deviate from the recommendations the assessors make.
As you have had the MR, you can now proceed to appeal. You will need to download an SSCS1 form for this and you have 1 month from the date on the MR letter in which to get this to the Tribunal Service.
www.gov.uk/social-security-child-support...unal/appeal-tribunal
You don't need to include a lot of information with the SSCS1. At some stage you will be sent a 'bundle' of evidence. This will include all DWP paperwork and their reply to your appeal. This is when you should sit down and write your detailed submission (unless you feel you did that for the MR) which should be with the Tribunal Service at least 1 week before the date of the hearing.
The Decision Makers have no medical background so it is unusual for them to deviate from the recommendations the assessors make.
As you have had the MR, you can now proceed to appeal. You will need to download an SSCS1 form for this and you have 1 month from the date on the MR letter in which to get this to the Tribunal Service.
www.gov.uk/social-security-child-support...unal/appeal-tribunal
You don't need to include a lot of information with the SSCS1. At some stage you will be sent a 'bundle' of evidence. This will include all DWP paperwork and their reply to your appeal. This is when you should sit down and write your detailed submission (unless you feel you did that for the MR) which should be with the Tribunal Service at least 1 week before the date of the hearing.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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