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Mandatory Reconsideration
- amberkindness
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7 years 8 months ago #165729 by amberkindness
Mandatory Reconsideration was created by amberkindness
Hello,
I got my Pip decision letter and unfortunately I did not get an award. I followed the guides, so I am pretty confident I have enough detail in the form.
The decision letter has given absolutely no explanation why the Hp has said the descriptors have not been met.
Can I send a mandatory reconsideration without the Atos report? I don't think I will get the report in time to have the MR sent to DWP.
Thank you
I got my Pip decision letter and unfortunately I did not get an award. I followed the guides, so I am pretty confident I have enough detail in the form.
The decision letter has given absolutely no explanation why the Hp has said the descriptors have not been met.
Can I send a mandatory reconsideration without the Atos report? I don't think I will get the report in time to have the MR sent to DWP.
Thank you
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- Gordon
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7 years 8 months ago #165756 by Gordon
You should have received a Statement of Reasons from the Decision Maker along with the Decision Letter this should give you an overview of why your claim was refused.
You have one month from the date of the Decision to submit your MR request, have you requested a copy of the assessment report from the DWP, there may be time for it to arrive before you need to do the MR.
Although your dealing with the issues of the assessment report is important, you will only score points by first showing that you meet the criteria to do so,, so I would go through your PIP2 with the PIP Claim guide and the DM's SoR or the assessment report if available to make sure that you have made the best answer that you could.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration
amberkindness wrote: Hello,
I got my Pip decision letter and unfortunately I did not get an award. I followed the guides, so I am pretty confident I have enough detail in the form.
The decision letter has given absolutely no explanation why the Hp has said the descriptors have not been met.
Can I send a mandatory reconsideration without the Atos report? I don't think I will get the report in time to have the MR sent to DWP.
Thank you
You should have received a Statement of Reasons from the Decision Maker along with the Decision Letter this should give you an overview of why your claim was refused.
You have one month from the date of the Decision to submit your MR request, have you requested a copy of the assessment report from the DWP, there may be time for it to arrive before you need to do the MR.
Although your dealing with the issues of the assessment report is important, you will only score points by first showing that you meet the criteria to do so,, so I would go through your PIP2 with the PIP Claim guide and the DM's SoR or the assessment report if available to make sure that you have made the best answer that you could.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- amberkindness
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7 years 8 months ago #165847 by amberkindness
Replied by amberkindness on topic Mandatory Reconsideration
Hi Gordon,
I have asked the DWP for the medical assessment report and that I'd like a MR. Do I follow this up in writing as well or just wait and see if I receive the medical assessment in time and say why I disagree with the decision.
In the Pip decision letter, there is a paragraph where it says 'Decision Makers Reasoning' and all she has said is that she agrees that the descriptors I haven't written anything for that I don't meet them and I can manage the other criteria from evidence available, observations made at face to face consultation, information I provided in the Pip form, mental state examination, my description of a typical day - I was never asked this!
I explained in detail the problems I have with Obsessions and compulsions with washing and dressing but think this is not taken seriously as it's not a physical problem. I also explained why I have problems with preparing food and taking nutrition, I am barely eating anything just now and have lost a lot of weight but they think I don't meet this criteria?
I have adjustments at work for engaging with people, wrote about these problem also in detail and still received nothing for this.
I had two supporting medical letters talking about the day to day problems I have.
I don't think I'd be able to get another supporting letter for the MR as there's not really much more anyone can say other than I have lost a lot of weight due to lost appetite, lack of motivation, low mood, pain etc.
Any help will be really appreciated.
Thanks
I have asked the DWP for the medical assessment report and that I'd like a MR. Do I follow this up in writing as well or just wait and see if I receive the medical assessment in time and say why I disagree with the decision.
In the Pip decision letter, there is a paragraph where it says 'Decision Makers Reasoning' and all she has said is that she agrees that the descriptors I haven't written anything for that I don't meet them and I can manage the other criteria from evidence available, observations made at face to face consultation, information I provided in the Pip form, mental state examination, my description of a typical day - I was never asked this!
I explained in detail the problems I have with Obsessions and compulsions with washing and dressing but think this is not taken seriously as it's not a physical problem. I also explained why I have problems with preparing food and taking nutrition, I am barely eating anything just now and have lost a lot of weight but they think I don't meet this criteria?
I have adjustments at work for engaging with people, wrote about these problem also in detail and still received nothing for this.
I had two supporting medical letters talking about the day to day problems I have.
I don't think I'd be able to get another supporting letter for the MR as there's not really much more anyone can say other than I have lost a lot of weight due to lost appetite, lack of motivation, low mood, pain etc.
Any help will be really appreciated.
Thanks
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- amberkindness
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7 years 8 months ago #165848 by amberkindness
Replied by amberkindness on topic Mandatory Reconsideration
Ps. the DWP also said today on the phone I now have a month from todays date to get the MR back to them but I'm not sure this is correct?
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- Gordon
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7 years 8 months ago #165905 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration
amberkindness
I would confirm both requests in writing, we still regularly see phone requests disappear into the ether.
I suspect that the latest comment by the DWP refers to the time that you have available to submit additional evidence to the DWP, realistically the period is slightly less than three weeks as it can take a week for information to make it's way through the DWP's internal mail system.
Your primary task is to make sure that you show that you meet criteria that you believe that you should receive, dealing with the issues in the assessment report is important but won't in itself achieve this.
When you get the report, go through it with your PIP2 and PIP Claim guide to make sure that you have meet the criteria, many of these have multiple elements, you need to meet all of these to score points. Also, have you used "reliably" and "for the majority of days" where relevant and it can help to echo the language used in the Descriptors.
Gordon
I would confirm both requests in writing, we still regularly see phone requests disappear into the ether.
I suspect that the latest comment by the DWP refers to the time that you have available to submit additional evidence to the DWP, realistically the period is slightly less than three weeks as it can take a week for information to make it's way through the DWP's internal mail system.
Your primary task is to make sure that you show that you meet criteria that you believe that you should receive, dealing with the issues in the assessment report is important but won't in itself achieve this.
When you get the report, go through it with your PIP2 and PIP Claim guide to make sure that you have meet the criteria, many of these have multiple elements, you need to meet all of these to score points. Also, have you used "reliably" and "for the majority of days" where relevant and it can help to echo the language used in the Descriptors.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- amberkindness
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7 years 8 months ago #165950 by amberkindness
Replied by amberkindness on topic Mandatory Reconsideration
Hi Gordon,
I don't think I have used those words in my PIP2 but I have made clear how often I am effected by each criteria such all the time or five days a week.
So I have to go through the PIP2 and guide when I get the report and write a MR based on the HP assessment findings and why I think this is wrong?
When I write to DWP saying I phoned last week requesting a MR, will I also say I will be sending MR points once I receive the report? (Hopefully this is soon) I don't want them to think they can go ahead with MR.
Thanks for your advice.
I don't think I have used those words in my PIP2 but I have made clear how often I am effected by each criteria such all the time or five days a week.
So I have to go through the PIP2 and guide when I get the report and write a MR based on the HP assessment findings and why I think this is wrong?
When I write to DWP saying I phoned last week requesting a MR, will I also say I will be sending MR points once I receive the report? (Hopefully this is soon) I don't want them to think they can go ahead with MR.
Thanks for your advice.
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