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Hi Advice please on Mandatory Reconsideration

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5 years 2 months ago #234367 by Tracy Fairchild
Advice please on Mandatory Reconsideration was created by Tracy Fairchild
Hello, please could someone give me some help. My Husband has had his Face to Face Assessment, and we asked for a copy of the assessment, which we now have (we have not had a decision from the decision maker yet). However, from the assessment, we can see that there are several contradictions, and areas where she marked my husband in a lower scoring description than we feel it should be. Because of this, we feel it is likely we will need to ask for a Mandatory Reconsideration, and want to start preparing for it. I have looked for the guide on how to prepare for a Mandatory Reconsideration, and all I can find is "The best possible Challenge to a Personal Independent Payment Decision. A Guide to Mandatory Reconsiderations and Appeals" April 2019. However, in this guide, I can only see 8 pages for help with Mandatory Reconsideration, but it does not seem to give a step by step guide and all the other pages appear to be about Appealing (which we hope we will not need to do). Please, is there a guide that I am missing? If so, please, can someone help direct me to it? When doing the first application of transferring from DLA to PIP there was a step by step guide, and I guess that I was hoping to find something like that to help with the reconsideration. I would be most grateful for any help offered. Many thanks. Tramelia

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5 years 2 months ago #234369 by BIS
Hi Tramelia

You could decide to write to the decision-maker. There is a window for you to write to the Decision Maker but you will need to be quick. Understand that the assessor is offering an opinion when they say that your husband can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.



If you have to go through the mandatory reconsideration process - you have been looking at the guides and all the information you need is there. You need to request an MR within one month of the decision. You need the assessment report (which you have got) and the letter from the decision maker. Then you need to go through each stage of the report and say where you disagree and why. That is it. When complete you send it back to them with any additional evidence you may have.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 2 months ago #234383 by Tracy Fairchild
Replied by Tracy Fairchild on topic Hi Advice please on Mandatory Reconsideration
Hi
Many thanks for your help. Please can you advise if the guide that I quoted in my question, "The best possible Challenge to a Personal Independent Payment Decision. A Guide to Mandatory Reconsiderations and Appeals" April 2019 under the Guides section, is the only guide on here that helps with Mandatory Reconsiderations.
Many grateful thanks
Tramelia

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5 years 2 months ago #234385 by Gordon
Tramelia

There are two other guides to have a look at;

PIP mandatory reconsideration and appeal submissions - which has sample MR and Appeal submissions and

Best possible ways to challenge a PIP medical report

In principle an MR or appeal is no different from when you completed the claim forms, it is about your showing that you meet the criteria.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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