mandatory reconsideration

kim wrote: thank you once again for your reply I understand what you are saying but because of my mental health problems I know I would not be able to go to a hearing because when I get really anxious I suffer with panic attacks and that's if I could leave my home to go and everything ive read regarding the appeals it says oral hearings are not successful so I just feel what is the point of going through all that

Hi k,

It is "paper hearings" where you do not attend that are less successful than "oral hearings" where you do attend.

If you can obtain a letter of support from your G.P. or other treating HCP stating that you cannot attend a Tribunal Hearing, there is the option of a Tribunal Domiciliary (Home) Hearing.

I believe that they have also started carrying out Tribunal Hearings via Skype in some areas.

Even if you appeal and opt for a paper hearing, this is better than not appealing at all.

Remember, once you start the appeals process, you can withdraw your appeal at any time right up to the date of the hearing itself.

bro58

after the letter from the 2nd MR where I was awarded the 4points I requested a call back I received the call this afternoon I asked him why I was awarded the 4 points and why he did not reconsider any of the other descriptors he said that whilst he believes the extra medical evidence I sent from rheumatologist [osteo arthritis] and the letter from the mental health team he was not convinced I would suffer the lower limb pain that I said I suffer from and there fore I have no difficulty with walking then when I said what about the points I raised about the capita report ie the assessor not seeing me walk he said well you told the assessor you didn't have any problems walking [more lies] then he said they get payed to carry out the medical and basically said that what they put in their report is the truth and said the decision will not be changed so just go for an appeal and was actually quite rude in his manner what chance to do stand when you are faced with this

Dear Kim, how I sympathise with you!!! I hope it eases the mental pain to know you are not alone in being treated like this. Our daughter wrote on 30th Nov 2014 requesting an MR of her decision of 7th Nov, which they sent to her old address despite even being told by the MP's office. That did get forwarded. We wrote the letter carefully according to experienced advice asking for the medical report and for the MR but asking them not to take any action on the MR until we had submitted further evidence. Also reminding them about the correct address [she'd moved in May and told them straight away!]
Well into the new year I phoned them having had to deal with other stuff-my Mum died a week before daughter's assessment. Then they told me they had done the MR and sent it to the old address again [it was not forwarded]. They then craftily sent out a photocopy with no new date on it by which we can prove when she actually got it-and we had to totally bust a gut to get an appeal in within one month of it because our MP refused to insist they did a new MR.
However the appeal has been accepted despite being theoretically out of time and we are now working on the DWP copy response pack. Interestingly they are missing key pages of copy forms and didn't send her advocate a copy, fancy!
The lesson of all this for anyone else reading is two things. Firstly ALWAYS audio tape your assessments, [we have two occasions, 1 Nottingham, 1 MK, where two separate cassette recorders HAVE been used despite what it says on the website], so you can PROVE they LIED as they did in our daughter's and our friend's.
Secondly TRY to avoid phone calls as much as possible.
Very much love and good wishes to you and your family
Dee

thank you just another query sorry forgot to put it in previous post he also said to get the 12points the person would have to be unable to go out at all and prove it but reading the information on here about the descriptors it says that if you score points for planning and following a journey and then score other points they can be added together or have I read it wrong