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Mandatory Reconsideration

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7 years 5 months ago #174402 by Maurice
Mandatory Reconsideration was created by Maurice
I have just had my PIP award and given standard rate for daily living and standard rate mobility. I am making an appeal. i will be losing my Motability car, i won't be able to travel anywhere now. The woman who did my face to face assessment at my home, virtually put the opposite answers that i gave her, i feel like killing myself now as i have lost my independence now. I am making an appeal to their decisions on my disabilities. She lied about what i had said to her, i hope she rots in hell. :

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7 years 5 months ago #174404 by Gordon
Replied by Gordon on topic Mandatory Reconsideration
MS

Welcome to the forum.

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Sorry to hear that you have not received the award you hoped for.

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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7 years 5 months ago #174489 by Maurice
Replied by Maurice on topic Mandatory Reconsideration
Thank you for your advice Gordon, I have already written and sent off my letter. I have Dystonic Tremors and can't prepare a simple meal. Yet the report says I can cook and prepare, this the exact opposite of my answer. I also have severe COPD.

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7 years 5 months ago #174535 by Bill24chev
Replied by Bill24chev on topic Mandatory Reconsideration
Maurice
I know I keep banging on about this but I think it is important.

Once you are successful at your appeal make a formal complaint against the HCP, their name and profession should be on their report.

I know this is too late for you Maurice, but I believe it is worth while arranging to record these Assessments either with your own equipment for PIP or request Maximus for a recorded assessment for ESA

We have just purchased two cassette recorders and tapes for Wife's PIp assessment next week, for £30. Although this is alot on a tight budjet it is repaid very quickly if you get an award that is the same as current DLA award.

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7 years 3 months ago #177555 by Maurice
Replied by Maurice on topic Mandatory Reconsideration
Is there a time limit to respond to my Mandatory Reconsideration.

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7 years 3 months ago - 7 years 3 months ago #177560 by slugsta
Replied by slugsta on topic Mandatory Reconsideration
Hi Maurice,

I have merged your query with the previous topic relating to your PIP as we ask members to keep everything relating to the same claim in one topic.

I'm afraid there is no timescale in which DWP must complete a Mandatory Reconsideration. In practice, we hear of many being decided within a couple of months - although where there are delays they are often considerable!

All you can do is contact DWP and ask what is happening :(

If/when you have further questions or comments about your PIP, please reply to this message and we will do our best to help. You will find it easily in future if you bookmark/favourite it on your web browser now. Alternatively you can click on your username (in blue when you are logged into the forum) and it will bring up a list of all your previous messages :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 3 months ago by slugsta.

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