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Mandatory Reconsideration
- SAMMY JO 2
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9 years 10 months ago #127571 by SAMMY JO 2
Mandatory Reconsideration was created by SAMMY JO 2
Hi B&W
Once again many thanks for your valuable information. I have just received the Famous brown envelope stating that I have received high rate for care and mobility for 2 years. On my previous application I have been granted DLA for 3 years again high on both care and Mobility. I am seeking advice on weather I should ask them to look at the decision again(Mandatory Reconsideration). My condition has not improved in the last 11 years it's has certainly deteriorated. I would be grateful for any advice. Kind regards.
Once again many thanks for your valuable information. I have just received the Famous brown envelope stating that I have received high rate for care and mobility for 2 years. On my previous application I have been granted DLA for 3 years again high on both care and Mobility. I am seeking advice on weather I should ask them to look at the decision again(Mandatory Reconsideration). My condition has not improved in the last 11 years it's has certainly deteriorated. I would be grateful for any advice. Kind regards.
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- Gordon
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9 years 10 months ago #127575 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration
SAMMY JO
I presume you want to challenge the length of the award rather than the award itself, the length of the award is a reflection of how long the DWP expect you to have your current level of disability. As it is part of the award you should be able to challenge it via a Mandatory Reconsideration and appeal if necessary, however, by doing this you potentially open up the whole award to be looked at again so you should consider carefully how secure your award is before proceeding.
If you go ahead, the basis of your case would be that there is no reasonable prospect of your care and mobility needs decreasing for some period longer than the current two year award. You will obviously need to provide medical evidence to support this, likely generic evidence related to your conditions and specific evidence on how you are affected.
Gordon
I presume you want to challenge the length of the award rather than the award itself, the length of the award is a reflection of how long the DWP expect you to have your current level of disability. As it is part of the award you should be able to challenge it via a Mandatory Reconsideration and appeal if necessary, however, by doing this you potentially open up the whole award to be looked at again so you should consider carefully how secure your award is before proceeding.
If you go ahead, the basis of your case would be that there is no reasonable prospect of your care and mobility needs decreasing for some period longer than the current two year award. You will obviously need to provide medical evidence to support this, likely generic evidence related to your conditions and specific evidence on how you are affected.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- SAMMY JO 2
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9 years 10 months ago #127654 by SAMMY JO 2
Replied by SAMMY JO 2 on topic Mandatory Reconsideration
Hi Gordon,
Many thanks for your information. Apologies for not being clear its my first time
Many thanks for your information. Apologies for not being clear its my first time
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- SAMMY JO 2
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9 years 10 months ago #127689 by SAMMY JO 2
Replied by SAMMY JO 2 on topic Mandatory Reconsideration
Yes I want to challenge the length they have granted me. I am a bit confused on my previous renewals they have granted me 3 years each time. I am not sure what they have based their results on this time? For the last 11 years my condition has deteriorated and on my renewal I enclosed letters from my Doctor and Consultant who stated my illness and that it was permanent.
I am also confused were you have mentioned how secure is my awards ? How or where would I know that information?
Kind regards
I am also confused were you have mentioned how secure is my awards ? How or where would I know that information?
Kind regards
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- Gordon
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9 years 10 months ago #127697 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration
Sammy Jo
PIP is an entirely different benefit from DLA although there are considerable similarities, this includes the criteria for the length of an award, just because you received a 3 year award for DLA does not mean that you would for PIP.
By challenging the current Decision you are opening the whole award up to reconsideration by the DWP, you can attempt to limit their scrutiny to just the length of the award, but they can legally expand what they are looking at to the whole award if they it is justified.
By suggesting you look at the strength of your award I mean that you need to look at the number of points you scored and how easily you think you scored them, as an example; if you only scored 12 points for Daily living, then you might want to be more cautious in challenging the Decision than if you scored 15 or more.
I hope this explains it better.
Gordon
PIP is an entirely different benefit from DLA although there are considerable similarities, this includes the criteria for the length of an award, just because you received a 3 year award for DLA does not mean that you would for PIP.
By challenging the current Decision you are opening the whole award up to reconsideration by the DWP, you can attempt to limit their scrutiny to just the length of the award, but they can legally expand what they are looking at to the whole award if they it is justified.
By suggesting you look at the strength of your award I mean that you need to look at the number of points you scored and how easily you think you scored them, as an example; if you only scored 12 points for Daily living, then you might want to be more cautious in challenging the Decision than if you scored 15 or more.
I hope this explains it better.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- SAMMY JO 2
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9 years 10 months ago #127702 by SAMMY JO 2
Replied by SAMMY JO 2 on topic Mandatory Reconsideration
Hi Gordon,
Many thanks for that information. I think we have our wires crossed?
My benefit is Disablity Living Allowance not PIP.
Please can you clarify your advice for Disability living Allowance.
Kind regards
Many thanks for that information. I think we have our wires crossed?
My benefit is Disablity Living Allowance not PIP.
Please can you clarify your advice for Disability living Allowance.
Kind regards
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