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Mandatory reconsiderations

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4 years 5 months ago #253663 by AH12
Mandatory reconsiderations was created by AH12
Just wondering when a MR actually becomes a MR if that makes sense. If I write and query some of the decisions will that potentially mean that the whole claim is reviewed and I could end up worse off? It's like Russian Rulette. Should I accept the decision as ok but not ideal (when I think I should be entitled to better) and risk getting a worse deal?! So, I am simply wondering if it possible ask for clarification over a couple of things. Do you actually have to ask for a MR or is it alright to simply ask for clarification? I'm really not sure what to do and would appreciate any advice.

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4 years 5 months ago #253672 by Gordon
Replied by Gordon on topic Mandatory reconsiderations
AH

Have you requested a copy of the assessment report?

In theory, you can request a Statement of Reasons for the Decision but it is likely that the DWP will take the view that this has already been provided in the Decision Letter.

Unfortunately, the DWP often assume any communication in regard the Decision is a request for an MR, you can make it clear in any phone or written communication that you are not requesting an MR but I can't guarantee that it will work.

What is it that you want to clarify?

Gordon

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

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4 years 5 months ago #253712 by AH12
Replied by AH12 on topic Mandatory reconsiderations
Thanks, and apologies that the question got posted twice! The decision letter says that because I could reach behind my back at an ESA medical three years ago then I dont qualify (as far as PIP is concerned) for help to place a lidocaine patch over my cocxyx nor help to place TENS electrodes on my back. My point is that they need to be positioned carefully and it's not simply a case of being able to reach. Also I apparently didn't sound anxious during my phone assessment so I cant need any help in mixing with people!

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4 years 5 months ago #253714 by Gordon
Replied by Gordon on topic Mandatory reconsiderations
AH

Unless you scored seven or eleven points for Daily Living then I would park the Lidocaine patch you will only ever score one point for it which will not get you to an award.

With regard the Tens patches, you need to go back to basics, explain exactly where they need to be placed, if it is somewhere that a healthy person would be executed to reach then explain why you cannot, if you are restricted then go into detail of how far you can actually reach, if it is pain then indicate the level most doctors use a 1-10 scale with 10 being the worst pain you have ever experience.

There may be an assumption if you take pain killers that they remove your pain completely, it is rare for this to be the case so go back through the pain you have on a daily basis.

For Mixing with other People make sure you understand the Descriptors there is a significant difference between the requirements for (b) and (c).

Make the point that the activity is for a social setting and that the assessment cannot be considered as meeting this criterion and therefore observation resulting from the interview are misguided.

So, why cannot you mix with others, what prevents you and how does it manifest itself, can you show that you do not mix with others? Did you explain in enough, relevant detail on your form now that you know how you have been assessed?

Gordon

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

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4 years 5 months ago #253719 by AH12
Replied by AH12 on topic Mandatory reconsiderations
Thanks very much for your help.

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