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Refused again on Mandatory Reconsideration

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7 years 5 months ago #173733 by Jennie
Replied by Jennie on topic Refused again on Mandatory Reconsideration
After spending time on here looking at the files and putting together a long letter "correcting" the Assessor's so-called observations on the Mandatory Reconsideration, I have again been refused with NOT one point. Despite sending them lots of medical evidence especially a letter from my former therapist which I was referred to via my GP, the "pen pusher" at the DWP said in their reply that the "therapy was not prescribed"!!! How the hell they can come to that conclusion when I supplied evidence I don't know.

According to them I can also plan and follow a route/journey.....well I can't because I am agoraphobic and they know it. THEN, they came back and said I had self diagnosed myself as agoraphobic!!!!

I don't know what to do now....I don't know whether it's really worthwhile my appealing to tribunal. All the evidence I have sent them they have completely ignored. I don't know whether I have the strength to do so either.

Feeling desperate

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7 years 5 months ago - 7 years 5 months ago #173734 by slugsta
Replied by slugsta on topic Refused again on Mandatory Reconsideration
Hi Jennie,

I'm sorry - but not surprised - that the MR went against you. I'm afraid it is uncommon for the MR to do anything other than 'rubber stamp' the original decision.

Is this in relation to your PIP claim (this is why we ask for everything relating to the same claim to be kept in one topic!)? If so, you also have to option of reapplying straight away. This might be particularly relevant if you don't feel you explained your situation as well as you could have in the PIP2 form.

You now have 1 month in which to submit an appeal request, so you don't need to do anything just yet.

When you feel able, I suggest you sit down with a copy of your PIP2 form, the assessor's report and our guide to decide which course of action might be best for you. If you don't feel that you can face doing anything just yet, there is nothing to stop you deciding to reapply at a later stage.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 5 months ago by slugsta.

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7 years 5 months ago #173739 by Jennie
Replied by Jennie on topic Refused again on Mandatory Reconsideration
thank you for your reply, yes it is the PIP claim I put in for. Sorry, I should have found my original post and commented there?

They just completely ignored everything, I don't understand it. I sent them so much medical evidence and to say my therapy wasn't prescribed when I attached an NHS letter from that therapist was just plain stupid.

The problem is when I first applied I didn't know about this site. I wasn't well enough to complete the form on my own so a lady rep from Age UK came round and completed the form for me (which I stated in my mandatory reconsideration letter).

According to their reconsideration notice I have to appeal to a tribunal. Do I basically have to send the Tribunals Service exactly the same stuff (including my long letter) as I sent the DWP?

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7 years 5 months ago - 7 years 5 months ago #173742 by slugsta
Replied by slugsta on topic Refused again on Mandatory Reconsideration
Hi Jennie,

Now that you have confirmed we are talking about your PIP claim, I will find your previous messages and merge them into one topic. If you then bookmark/favourite this on your web browser you will be able to find it easily in future. Alternatively you can click on your username (in blue when you are logged into the site) and it will bring up a list of all your previous messages.

Unfortunately, we find that the quality of help provided by the voluntary agencies can vary hugely. Like everything else, they are trying to keep their services running under trying conditions and doing the best they can - but they cannot always get people with in-depth knowledge of the system.

As I said, it's worth having a look at our PIP guide with a copy of your claim form to hand so that you can decide whether the questions were answered in the best way possible. DWP have a policy of paying much more attention to things that the claimant said first, believing this to be the honest answer - so this could be why they ignored your MR submission.

If you were to appeal, the DWP would sent the Tribunal Service all paperwork associated with your claim. You would not have to duplicate your efforts. You would also receive this bundle' of evidence.

The Tribunal Service pay much more attention to how the claimant answers at the appeal and much less to the assessor's report.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 5 months ago by slugsta.
The following user(s) said Thank You: Jennie

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7 years 4 months ago #175143 by Jennie
Replied by Jennie on topic Refused again on Mandatory Reconsideration
I have decided to appeal and go to Tribunal with my claim. I am just completing the SSCS1A form which I have downloaded.

I am currently at the Grounds for Appeal section and wondered how indepth I should go with regard to my reasons for appealing. Not sure what I should say at this section. Should it be along the lines of correcting the Assessor's observations/descriptors. I can't find within the appeal notes anywhere exactly what I should be saying at this section so I don't drop myself in it

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7 years 4 months ago #175147 by Jennie
Replied by Jennie on topic Refused again on Mandatory Reconsideration
I am also at Section 6 of the form where it asks if I want to attend the hearing or have it is done by the panel. I WANT to attend but unfortunately I can't due to agoraphobia which I have noted at Section 7 of the form

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