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Mandatory Reconsideration
- L TUN
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5 years 11 months ago #219011 by L TUN
Mandatory Reconsideration was created by L TUN
Just received my award letter today. I received 11 care component and 10 mobility.
My conditions are Ankylosing Spondalitis, Osteoarthriits and Fibromyalgia.
I will now lose my Motability car on which I rely.
I had a home assessment even although I did not request one as Atos thought it would be better for me after reading my PIP2. The f2f was audio recorded with due process and they received their copy.
I feel a couple of the care components have been underscored and not consistent with what was documented in my PIP2 or at the f2f either.
Also with the regard to Mobility element , Planning and following a journey unaided, They scored me Zero out of 12 although I made it clear that I don't like to go to places I don't know. I get my right and left, East and West confused and do not do well with Satnav instructions as a part of this consequence only partaking in short familiar journeys and only when feeling able physically to do so.
They've stated that I have no evidence of any cognitive or sensory impairment and since I'm not currently prescribed any medication for mental health and not receiving any specialist imput they say that since I was able to provide a good condition history, without any prompting, I did not appear to be anxious, agitated, tense or withdrawn. This is the reason I was scored zero being able in their decision to manage, plan and follow the route of a journey unaided for the majority of time. Both in my PIP2 and at the f2f we talked about prior councelling and CBT that I had received a number of years ago and also Mindfulness sessions at the Pain Management Programme I attended. I confirmed with the assessor that I still rely on particularly the CBT part to help me with stressfull situations although I'm not currently on any antidepressents, only the Amiltriptyline for my Fibromyalgia sleep problems.
My question .....should I go forward with the Mandatory Reconsideration process. I have requested a copy of the assessors report today. After reading your guide because I sit in the middle category.. less award for less time... DLA was indefinite. This award is for 3 years. I'll be 67 next month. I'm afraid of perhaps even losing this award if I challenge it. Any advise would help. Thanks.
My conditions are Ankylosing Spondalitis, Osteoarthriits and Fibromyalgia.
I will now lose my Motability car on which I rely.
I had a home assessment even although I did not request one as Atos thought it would be better for me after reading my PIP2. The f2f was audio recorded with due process and they received their copy.
I feel a couple of the care components have been underscored and not consistent with what was documented in my PIP2 or at the f2f either.
Also with the regard to Mobility element , Planning and following a journey unaided, They scored me Zero out of 12 although I made it clear that I don't like to go to places I don't know. I get my right and left, East and West confused and do not do well with Satnav instructions as a part of this consequence only partaking in short familiar journeys and only when feeling able physically to do so.
They've stated that I have no evidence of any cognitive or sensory impairment and since I'm not currently prescribed any medication for mental health and not receiving any specialist imput they say that since I was able to provide a good condition history, without any prompting, I did not appear to be anxious, agitated, tense or withdrawn. This is the reason I was scored zero being able in their decision to manage, plan and follow the route of a journey unaided for the majority of time. Both in my PIP2 and at the f2f we talked about prior councelling and CBT that I had received a number of years ago and also Mindfulness sessions at the Pain Management Programme I attended. I confirmed with the assessor that I still rely on particularly the CBT part to help me with stressfull situations although I'm not currently on any antidepressents, only the Amiltriptyline for my Fibromyalgia sleep problems.
My question .....should I go forward with the Mandatory Reconsideration process. I have requested a copy of the assessors report today. After reading your guide because I sit in the middle category.. less award for less time... DLA was indefinite. This award is for 3 years. I'll be 67 next month. I'm afraid of perhaps even losing this award if I challenge it. Any advise would help. Thanks.
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- Gordon
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5 years 11 months ago #219012 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration
L
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Only you can make the decision on whether to challenge the current award.
One thing you do need to be aware of, as you are over the age to make a new claim for PIP then the Mobility award you now have limits the award that you can have in the future, in other words, if you settle for the current Standard award you will not be able to receive an Enhanced award, even if you meet the criteria for one.
That said, I think you will struggle to score for the Going Out activity based on your post, this looks at three primary causes for you having problems; sensory issues such as blindness, cognitive problems such as a learning disability or mental health problems leading to your suffering overwhelming psychological distress.
Can you show that the distance that you can reliably walk on the majority of days is less than 20m?
As to the Daily Living award, based on the limited information available all I can suggest at this time is that you verify that you meet the legally defined criteria to score higher. See our PIP Claim guide for this information.
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Only you can make the decision on whether to challenge the current award.
One thing you do need to be aware of, as you are over the age to make a new claim for PIP then the Mobility award you now have limits the award that you can have in the future, in other words, if you settle for the current Standard award you will not be able to receive an Enhanced award, even if you meet the criteria for one.
That said, I think you will struggle to score for the Going Out activity based on your post, this looks at three primary causes for you having problems; sensory issues such as blindness, cognitive problems such as a learning disability or mental health problems leading to your suffering overwhelming psychological distress.
Can you show that the distance that you can reliably walk on the majority of days is less than 20m?
As to the Daily Living award, based on the limited information available all I can suggest at this time is that you verify that you meet the legally defined criteria to score higher. See our PIP Claim guide for this information.
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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