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Mandatory reconsideration
- David Rout
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8 years 3 weeks ago #186598 by David Rout
Mandatory reconsideration was created by David Rout
I asked for a reconsideration as I'd been awarded the standard mobility rate based on the assessor saying I'd walked 23mtrs to the interview room, not sure where they got that distance from!
No mention was made of the fact that I had to take oral morphine during the interview due to the pain.
My problem is I insist on walking despite the excruciating pain and severe fatigue it causes, I've rheumatoid arthritis.
I said I could walk more than 20mtrs but that I couldn't repeat this nor do it safely. I did actually neatly fall over on the way out of the interview, the assessor saw this and asked if I was ok. It was only the quick reaction of my wife that stopped me falling on my arse!
Anyway, the reconsideration decided that I didn't need any mobility element so that's been stopped and the reduced my living to the standard amount as they recon I can manage to was my back without my wife's help. I can't. What do I do? Oh and of course I've been overpaid so there's that worry now as well.
No mention was made of the fact that I had to take oral morphine during the interview due to the pain.
My problem is I insist on walking despite the excruciating pain and severe fatigue it causes, I've rheumatoid arthritis.
I said I could walk more than 20mtrs but that I couldn't repeat this nor do it safely. I did actually neatly fall over on the way out of the interview, the assessor saw this and asked if I was ok. It was only the quick reaction of my wife that stopped me falling on my arse!
Anyway, the reconsideration decided that I didn't need any mobility element so that's been stopped and the reduced my living to the standard amount as they recon I can manage to was my back without my wife's help. I can't. What do I do? Oh and of course I've been overpaid so there's that worry now as well.
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- Gordon
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8 years 3 weeks ago #186630 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration
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The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
There should not be an over payment issue as PIP is paid four weeks in arrears.
There is case law that covers a claimant still being able to walk but being in severe pain when doing so, do a search for CPIP/2377/2015
If you have further questions then please reply to this post and we will do our best to help.
Gordon
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
There should not be an over payment issue as PIP is paid four weeks in arrears.
There is case law that covers a claimant still being able to walk but being in severe pain when doing so, do a search for CPIP/2377/2015
If you have further questions then please reply to this post 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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- David Rout
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8 years 3 weeks ago #186651 by David Rout
Replied by David Rout on topic Mandatory reconsideration
Ive been getting the higher living and standard mobility since December so probably 3 months of over payment.
Thanks for the info re CPIP/2377/2015, I think I can use that.
Terrified about appealing and losing everything though, already £200+ a month down
Thanks for the info re CPIP/2377/2015, I think I can use that.
Terrified about appealing and losing everything though, already £200+ a month down
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- Gordon
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8 years 3 weeks ago #186657 by Gordon
If the DWP have continued to pay you at a higher rate despite a Decision to reduce the award then it is their problem not yours.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration
David Rout wrote: Ive been getting the higher living and standard mobility since December so probably 3 months of over payment.
Thanks for the info re CPIP/2377/2015, I think I can use that.
Terrified about appealing and losing everything though, already £200+ a month down
If the DWP have continued to pay you at a higher rate despite a Decision to reduce the award then it is their problem not yours.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- David Rout
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8 years 3 weeks ago #186668 by David Rout
Replied by David Rout on topic Mandatory reconsideration
Is there an example anywhere of what to put in section 5 grounds to appeal? I can only find the, very helpful, submission examples but not that it's recommended not to do this until I've received the DWP submission
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- Gordon
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8 years 3 weeks ago #186679 by Gordon
There is a completed sample SSCS1 in that guide on page 3.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration
David Rout wrote: Is there an example anywhere of what to put in section 5 grounds to appeal? I can only find the, very helpful, submission examples but not that it's recommended not to do this until I've received the DWP submission
There is a completed sample SSCS1 in that guide on page 3.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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