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Mandatory reconsideration or not ?
- Mary
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6 years 8 months ago #205716 by Mary
Mandatory reconsideration or not ? was created by Mary
Hi all
I am in a tricky position. I have been awarded mobility at enhanced rate (yay) for scoring 12 on planning and moving around.
I have not been awarded daiky living as I only scored 7 in total.
My 0 scores were based on how I was during the assessment.
I have a condition that varies hour to hour and have problems every day but not all day. I have severe reactive hypoglycaemia, become hypoglycaemic several times a day and have been medically retired because of it.
When not hypo or recovering from a hypo I am fine. When hypo or recovering from a hypo it ranges from being completely incapacitated (which happens at least once a day), to being like someone with dementia (which is actually more dangerous as I have done some really daft things).
On a bad day, which happens 4-5 days a week, I am as described above for much of the day and night. On a good and great day you would not know anything was wrong with me.
I love that I have been awarded higher rate mobility and we can finally get a reliable vehicle, and I don’t want to jeopardise that.
So, where is the best place for me to get some advice and am I able to get hold of the assessment that was done on me?
Thanks very much
I am in a tricky position. I have been awarded mobility at enhanced rate (yay) for scoring 12 on planning and moving around.
I have not been awarded daiky living as I only scored 7 in total.
My 0 scores were based on how I was during the assessment.
I have a condition that varies hour to hour and have problems every day but not all day. I have severe reactive hypoglycaemia, become hypoglycaemic several times a day and have been medically retired because of it.
When not hypo or recovering from a hypo I am fine. When hypo or recovering from a hypo it ranges from being completely incapacitated (which happens at least once a day), to being like someone with dementia (which is actually more dangerous as I have done some really daft things).
On a bad day, which happens 4-5 days a week, I am as described above for much of the day and night. On a good and great day you would not know anything was wrong with me.
I love that I have been awarded higher rate mobility and we can finally get a reliable vehicle, and I don’t want to jeopardise that.
So, where is the best place for me to get some advice and am I able to get hold of the assessment that was done on me?
Thanks very much
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- Gordon
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6 years 8 months ago #205745 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration or not ?
Mary
The requirement for you to be able to complete each of the PIP activities reliably and on the majority of days is set down in law, so if you believe that you can reasonably show that you are unable to do this for the Daily Living activities then you should consider challenging the Decision.
Be aware that when you are limited may be relevant to some of the activities, for example you would reasonably be expected to wash and dress after you get up but preparing a meal would be something that you could do at any time during the day.
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
The requirement for you to be able to complete each of the PIP activities reliably and on the majority of days is set down in law, so if you believe that you can reasonably show that you are unable to do this for the Daily Living activities then you should consider challenging the Decision.
Be aware that when you are limited may be relevant to some of the activities, for example you would reasonably be expected to wash and dress after you get up but preparing a meal would be something that you could do at any time during the day.
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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- Mary
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6 years 8 months ago #205766 by Mary
Replied by Mary on topic Mandatory reconsideration or not ?
Thank you so much. I have read that you recommend seeing a welfare advisor if considering requesting a reconsideration. Where might I find someone to help me please?
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- Gordon
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6 years 8 months ago #205787 by Gordon
Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration or not ?
Mary wrote: Thank you so much. I have read that you recommend seeing a welfare advisor if considering requesting a reconsideration. Where might I find someone to help me please?
Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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