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O points - mandatory consideration.

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7 years 2 months ago #178053 by J
I am in a state of disbelief as I have received no points. I suffer from bouts of fatigue and the assessor put 'does not look fatigued' for example. Does the decsion maker even read our reports. Should I still go to mandatory consideration? How do I best challange this

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7 years 2 months ago #178128 by Gordon
Replied by Gordon on topic O points - mandatory consideration.
J

You don't mention the benefit but the process is substantially the same whether it is for ESA or PIP.

Whether to request an MR is up to you, but the Decision will not be revised if you do not and in the case of ESA can limit your ability to make a future claim.

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 or ESA MR & Appeal guide for details of the process, the PIP and ESA areas also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

www.benefitsandwork.co.uk/help-for-claimants/esa1

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 2 months ago #178463 by J
Replied by J on topic O points - mandatory consideration.
I was staggered at the report. It even referred to me as 'he' at one point. I cannot beleive that they dismissed everything I said. Feel so fed up. What Kafkaesque world is this.

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7 years 2 months ago #178476 by Nickjb
Replied by Nickjb on topic O points - mandatory consideration.
Hope this helps - not sure what benefit you are referring to but I scored 0 at assessment and MR with my ESA but awarded it at appeal and placed in Support group so please dont give up - it is very possible to get decisions overturned if you can show you meet the criteria. Good luck
The following user(s) said Thank You: slugsta

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