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mandatory reconsideration rejected
- Susan
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4 years 3 months ago #254603 by Susan
mandatory reconsideration rejected was created by Susan
I am now doing to have to appeal, I was diagnosed with chronic PTSD in 2005 by a psychiatrist after witnessing a violent assault on my husband. The main reason for being dismissed It seems is that I have has no medical intervention for ten years. As my condition changes the way my brain works I believe apart from medication i am on there is little anyone can do. I’m therefore wondering if I need a new psychiatrist report my main issue is that I cannot go on a journey without help cannot use public transport or be around crowds which was totally dismissed by the assessors. Any help would be appreciated.
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- Gary
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4 years 3 months ago #254632 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic mandatory reconsideration rejected
Hi Susan
Being turned down for MR happens quite often, I believe the success rate of a MR is about 17%. If you intend to appeal make sure you do it within the time limits which is one month from the decision letter date, you can do it on line or complete a form called an SSCS1 form.
Did you ask the DWP for a copy of the assessors report before you applied for MR? If you did not then you should ring and ask the DWP for the assessment report which will give you more details on where scored points if any. Check out our guides to help you with appeals, which is about halfway down the page of the following link:
www.benefitsandwork.co.uk/help-for-claimants/pip
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.
Understand that the assessor is offering an opinion when they say that you 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.
Gary
Being turned down for MR happens quite often, I believe the success rate of a MR is about 17%. If you intend to appeal make sure you do it within the time limits which is one month from the decision letter date, you can do it on line or complete a form called an SSCS1 form.
Did you ask the DWP for a copy of the assessors report before you applied for MR? If you did not then you should ring and ask the DWP for the assessment report which will give you more details on where scored points if any. Check out our guides to help you with appeals, which is about halfway down the page of the following link:
www.benefitsandwork.co.uk/help-for-claimants/pip
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.
Understand that the assessor is offering an opinion when they say that you 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.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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