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Mandatory reconsideration
- Townhound
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3 years 10 months ago #260607 by Townhound
Mandatory reconsideration was created by Townhound
I logged my MR request with DWP by phone and told them I’d forward on letter detailing individual issues with it, rather than fall for that telephone assessment again where they coerce your answers. I received a confirmation text of request although DWP’s has a post backlog of a few weeks, will it matter if they don’t get my letter in time?
I’ve flicked through the guide but i’m a little confused if the MR letter should be set out the same as the appeal letter in raising the point disagree with for each descriptor?
Most Daily living fall to same main points that I likely could do tasks majority of day as;
The assessor says I have normal cognitive, memory, concentration which are key part of my condition i had submitted my specialist diagnosis letter . It feels so unfair as I had to prepare, rely on notes and work so hard that I slept for the rest of the day, it seems your damned if answer their questions and damned if you don’t give enough information. Listening back was scary but useful as I did stutter my way through it and I wasn’t able to verbally explain things as well as I had on my form & at points totally lost what I was going to say.
The assessor says I have motivation to do household tasks which assessor has actually omitted the negatives I have tried to do X and it takes me very long time/ tiring so friend mainly does it & that I had help with cleaning prior to Covid so it’s only attempt to do a bit as I have no choice now and said that I’m failing, house is a dump etc.
I recorded the call as recommended here and it is transcribed with the rough time stamps so they could check back on own recording. Do I submit as evidence the related transcribed parts of conversation as proof (it ties in with what I said in claim form) or is it better to not do that and simply state i didn’t say X I said Y and leave till if goes to appeal?
I’m worried I’ll get into trouble or may backfire on me somehow:dry:
It’s similar story with the individual descriptors that glossed over the fact I do need help & refers back to prior PA4 but the decisions then were overturned by tribunal, well on the descriptors my welfare advisor decided to challenge.
I’ve flicked through the guide but i’m a little confused if the MR letter should be set out the same as the appeal letter in raising the point disagree with for each descriptor?
Most Daily living fall to same main points that I likely could do tasks majority of day as;
The assessor says I have normal cognitive, memory, concentration which are key part of my condition i had submitted my specialist diagnosis letter . It feels so unfair as I had to prepare, rely on notes and work so hard that I slept for the rest of the day, it seems your damned if answer their questions and damned if you don’t give enough information. Listening back was scary but useful as I did stutter my way through it and I wasn’t able to verbally explain things as well as I had on my form & at points totally lost what I was going to say.
The assessor says I have motivation to do household tasks which assessor has actually omitted the negatives I have tried to do X and it takes me very long time/ tiring so friend mainly does it & that I had help with cleaning prior to Covid so it’s only attempt to do a bit as I have no choice now and said that I’m failing, house is a dump etc.
I recorded the call as recommended here and it is transcribed with the rough time stamps so they could check back on own recording. Do I submit as evidence the related transcribed parts of conversation as proof (it ties in with what I said in claim form) or is it better to not do that and simply state i didn’t say X I said Y and leave till if goes to appeal?
I’m worried I’ll get into trouble or may backfire on me somehow:dry:
It’s similar story with the individual descriptors that glossed over the fact I do need help & refers back to prior PA4 but the decisions then were overturned by tribunal, well on the descriptors my welfare advisor decided to challenge.
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- LL26
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3 years 10 months ago #260687 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Mandatory reconsideration
Hi J,
Firstly I would definitely send in a detailed letter now, as it is possible due to the backlog you describe that it will be with the decision maker to look at together. If you didn't say very much during your call, it is unlikely that your decision will be revised.
I wonder whether you don't mention the recording just yet. Maybe other forum members have different ideas?
But, write in explaining what points you should get in each activity and why giving examples. Be bold eg "I need supervision to prepare a simple meal, safely and in a reasonable time because...I shoukd receive 4points 1d"
However do criticise the report, not everything, but you can state that you were stuttering throughout, the assessor was not listening, etc choose a few of the worst things to do a focused criticism.
DO NOT mention that you can't do housework properly as DWP will say, correctly to be fair, that housework doesn't comprise any of the PIP activities. This will just lead you down a blind alley.
Concentrate on each PIP descriptor, and the reliably criteria:safely, reasonable time, acceptable standard and repeatedly.
Good luck.
LL26
Firstly I would definitely send in a detailed letter now, as it is possible due to the backlog you describe that it will be with the decision maker to look at together. If you didn't say very much during your call, it is unlikely that your decision will be revised.
I wonder whether you don't mention the recording just yet. Maybe other forum members have different ideas?
But, write in explaining what points you should get in each activity and why giving examples. Be bold eg "I need supervision to prepare a simple meal, safely and in a reasonable time because...I shoukd receive 4points 1d"
However do criticise the report, not everything, but you can state that you were stuttering throughout, the assessor was not listening, etc choose a few of the worst things to do a focused criticism.
DO NOT mention that you can't do housework properly as DWP will say, correctly to be fair, that housework doesn't comprise any of the PIP activities. This will just lead you down a blind alley.
Concentrate on each PIP descriptor, and the reliably criteria:safely, reasonable time, acceptable standard and repeatedly.
Good luck.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Townhound
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3 years 10 months ago #260702 by Townhound
Replied by Townhound on topic Mandatory reconsideration
Thanks LL26
I can’t see them revising the decision at MR anyway, They didn’t previously when I did the phone assessment i felt just gave them more ammo as I was caught unexpected and kept being told well you can x fine as making this call, you can read letter etc and part of issue I have with verbal communication is i’ll end up going along with what people want when pressured or I’m blurting something out which can give opposite impression of what I intended.
Its DWP that have used housework to suggest I have the motivation to be able to do all the other descriptors, when I’ve only said I’ve tried and am failing to do it. This was part of the “what activities would you do in the day?” question. Low motivation is part & parcel of health conditions so hoping I can just refer to that and point out this is bull.
I can’t see them revising the decision at MR anyway, They didn’t previously when I did the phone assessment i felt just gave them more ammo as I was caught unexpected and kept being told well you can x fine as making this call, you can read letter etc and part of issue I have with verbal communication is i’ll end up going along with what people want when pressured or I’m blurting something out which can give opposite impression of what I intended.
Its DWP that have used housework to suggest I have the motivation to be able to do all the other descriptors, when I’ve only said I’ve tried and am failing to do it. This was part of the “what activities would you do in the day?” question. Low motivation is part & parcel of health conditions so hoping I can just refer to that and point out this is bull.
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- denby
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3 years 10 months ago #260723 by denby
Replied by denby on topic Mandatory reconsideration
Hi J, just want to send my sympathy on the hypocrisy you have been subjected to over the housework. Don't let them get to you, we all will you onwards when your motivation is low due to poor health and then they have the cheek to bash you further this way.
Best, Denby
Best, Denby
The following user(s) said Thank You: KimABT, LL26
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