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PIP Mandatory Reconsideration request - how much detail?

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1 year 4 months ago #282104 by Squiggle
Hello,

I'm new to forums having never posted on one before and don't know what I'm doing so apologies if I've done it all wrong!

Firstly, I just want to praise this incredible resource and all the people working behind the scenes to provide such amazing support and share their invaluable expertise :)

I'm sorry as this is likely already covered somewhere here but my question is really about how much detail should be included with a Mandatory Reconsideration request letter?

I recently received my decision letter and agree with the Daily Living decision, albeit not the points awarded, but I disagree with the Mobility decision. The health professional's report has so many inaccuracies and omissions it's hard to know where to begin. I have 3 conditions that impact on my ability to undertake daily activities and my general functioning. Depression and ME have been taken into consideration but I have a rare sleep disorder that has been completely dismissed but is possibly the most debilitating of all my illnesses.

It's obvious neither the HP or case manager know what my illness is nor how it manifests and do not believe my account of how it effects every aspect of my life. The HP even recorded that I didn't look tired and was alert and had good concentration throughout the assessment despite the fact I was asleep in the waiting room when she called me and asleep slumped on my crutches between her questions as I sat right in front of her for the last third of the appt. To my mind those omissions amount to lies and they undoubtedly played a major role in me not being awarded any Mobility component. There were similar omissions, distortions and inaccuracies throughout, mostly pertaining to my sleep disorder.

Could you please advise how best to proceed? Do I go all out and list every falsehood and every descriptor relating to my sleep disorder that I disagree with? Or a very general, overview that I disagree with the decision because I feel the severity of my sleep disorder has not been taken into account? Or somewhere between or something completely different?!

I am so sorry for such a long, no doubt asked and answered many times before post.

Thank you kindly for your time and patience.

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1 year 4 months ago #282119 by Gary
Hi Squiggle

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum

There is no need to apologise, in answer to your question, you can include as much detail as you like to support your cause. If you have a rare condition then it is useful if you can send in with your claim, information about your condition from a self help group.

Now you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.

I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.

Understand that the assessor is offering an opinion when they say 'in my opinion' 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, remember they are just an opinion which is not based on fact.

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.

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.

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.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip

For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gary

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

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1 year 4 months ago #282368 by Squiggle
Hello Gary,

Thank you so much for your quick reply and so sorry for my very delayed one.
I have sent my MR request letter to PIP, they received it yesterday. In the end, my letter was fairly long (2 sides of A4). I didn't address everything but covered what I consider to be the most important parts in some detail.

I felt I had to include the fact the health professional made no record of them having observed me asleep before and during the assessment, especially as they stated 'does not look tired' and was 'fully alert throughout the assessment', yet simultaneously recorded that I 'needed prompting'. Surely if I'd been fully alert as they stated, I wouldn't have required prompting?

But, I felt it was all the more important to mention those details because the HP also failed to record ANY information about Variability with regards to my sleep disorder when I had explicitly told them it's present all day, every day and I have no good days. They then decided I didn't need supervision or assistance because ‘evidence in HOC (history of condition) showed more severe days does not occur in the MOD (majority of days)??

Unrelated to my sleep disorder, they also recorded that I'm currently working when I told them ill health has meant I haven't worked since 2011.

There were too many major omissions and inaccuracies for me to ignore and the majority pertained to my sleep disorder. Their ignorance and errors resulted in me not being awarded any Mobility when I haven't been able to leave the home unaccompanied for years because I am constantly on the verge of falling asleep and rapidly fall asleep in inappropriate settings. apparently that isn't deemed a safety risk.

My 2 sleep consultants disagree and kindly wrote supporting letters I was able to attach. Annoyingly, I overlooked enclosing information from support groups because I assumed they'd disregard it. Oh well, I know to include that if/when I goes to the appeal stage.

Thank you so very much for your kind, supportive and informative response Gary.

I'll update you when I hear back from them.

Best wishes

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1 year 4 months ago #282375 by BIS
Hi Squiggle

I hope you win your MR, but if you do have to go to Appeal, you can be certain that the panel will have more knowledge of your condition and the implications.

You were absolutely right to include that they had not recorded observing you asleep - that's frankly negligent. If you've told them that your sleep disorder is present all day and every day - I'm not sure what the assessor was expecting you to write regarding severe days the majority of the time. It's a nonsensical remark. And as for incorrectly recording that you are working - that's sloppy. If someone told me they had a severe sleep disorder and I thought they were working, I would have queried it. Clearly, they had no clue what it's like to have one and no understanding of the very obvious safety considerations, among other things. I think that some assessors think there is something amusing about someone falling asleep easily - but as you know all too well, there's nothing amusing or light-hearted about it.

We shall be interested to hear how you get on.

BIS

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

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1 year 4 months ago #282382 by Squiggle
Afternoon Gary,

Thank you for your reply. I hope to be able to report back with positive news but I'm not holding my breath.

I believe you moderators are now having a hard earned break for the summer... Enjoy! I hope the weather sorts itself out for you all :-)

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1 year 4 months ago #282383 by Squiggle
So Sorry BIS! I blindly assumed it was Gary who'd replied as he'd replied previously. Apologies and thank you very much for your kind reply. Have a lovely summer :-)

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