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Another Mandatory Reconsideration
- Jennywren7
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7 years 8 months ago #166000 by Jennywren7
Another Mandatory Reconsideration was created by Jennywren7
Hello, I hope you can give me advice as I just do not know what to do. I had my dreaded letter last Thursday and it was a shock Although I was expecting it, it was still a blow to be given standard for daily living and nothing for mobility as I have been getting highest level for both for a number of years now. The first time I ever applied a doctor came out to our house, asked me to lay on the sofa to test some of my joints, moved them about, made me scream in pain and that was that. It seems now that I must be an unusual specimen who has recovered from rheumatoid arthritis! If only. There are several things I would take issue with in the decision the most glaring one being" you was [not were] observed to be able to carry and manage 2 bags with your right hand] . If the assessor had bothered to ask I could have told him I am left handed. Also "you was { again} calm and settled throughout the assessment with no observable anxiety" I suppose that is why he passed me a box of tissues when at one point I was very distressed. The length I can walk was the last point that I would take issue with, the fact that I have to stop for a rest frequently was ignored.
What am I to do now. Do I leave it as it is and be grateful? I know I didn't give it the thought I have before as I no longer have my lovely husband to help, he passed away a year ago. I forgot to use the recommended words, was writing a diary when I got the reminder letter, completely panicked and posted it off as it was without some other information. Please could someone also tell me what PIP2 is. Sorry this is a ramble but I would welcome another opinion.
What am I to do now. Do I leave it as it is and be grateful? I know I didn't give it the thought I have before as I no longer have my lovely husband to help, he passed away a year ago. I forgot to use the recommended words, was writing a diary when I got the reminder letter, completely panicked and posted it off as it was without some other information. Please could someone also tell me what PIP2 is. Sorry this is a ramble but I would welcome another opinion.
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- Gordon
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7 years 8 months ago #166007 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Another Mandatory Reconsideration
Frasersgran
I'm afraid it's a Decision that only you can make.
I can tell you that DLA HRC and PIP Daily Living are awarded for fundamentally different reasons and we are expecting a lot of HRC claimants to only receive a standard award.
As to the Mobility, PIP is designed to be significantly more difficult to be awarded, the aim is to reduce the disability budget by at least 20%, so where the walking distance for DLA was generally considered to be 50m, for PIP it is only 20m.
The PIP2 is the form that you completed explaining what your problems were.
You also need to be aware that if you challenge the Decision then it is possible that the DWP will reduce the points you currently have, it does not happen very often but it none the less remains a possibility.
If you want to challenge the Decision then 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 MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
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
I'm afraid it's a Decision that only you can make.
I can tell you that DLA HRC and PIP Daily Living are awarded for fundamentally different reasons and we are expecting a lot of HRC claimants to only receive a standard award.
As to the Mobility, PIP is designed to be significantly more difficult to be awarded, the aim is to reduce the disability budget by at least 20%, so where the walking distance for DLA was generally considered to be 50m, for PIP it is only 20m.
The PIP2 is the form that you completed explaining what your problems were.
You also need to be aware that if you challenge the Decision then it is possible that the DWP will reduce the points you currently have, it does not happen very often but it none the less remains a possibility.
If you want to challenge the Decision then 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 MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
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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