- Posts: 2
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- Advice Please - Mandatory Reconsideration
× Members
Advice Please - Mandatory Reconsideration
- TG1000
- Topic Author
- Offline
Less More
1 week 15 hours ago #308783 by TG1000
Advice Please - Mandatory Reconsideration was created by TG1000
Hi all,
My wife and I have helped my wife's sister (who has autism and a learning disability, the latter diagnosed as putting her in the bottom 1% of IQ / cognitive ability) apply for PIP. My wife attended a face to face assessment with her, which appeared to go OK. But we have just received an egregious decision letter awarding her only 4 points in the daily living category, and zero in the mobility category.
The letter is dated 29 August, but was only received on 6 September, 8 days later (significantly chewing up our time to respond). Would you make anything of this in the mandatory reconsideration application? Additionally, ahead of the assessment, we twice requested per procedure that it be audio recorded. On the day this was not set up. The assessor then did set it up on the day but subsequent to the assessment we received a letter stating that the recording had failed. Again, would you make much of this (i.e. complain and point to disenfranchisement of the claimant) in the in the mandatory reconsideration application?
It is hard to tell whether it is simple incompetence or foul play with respect to the above.
Finally, we would like in the mandatory reconsideration application to put them on notice that we are also preparing a full tribunal appeal for circumstances where her application is not reconsidered positively. Are there any drawbacks to doing this?
Many thanks in advance,
Tom
My wife and I have helped my wife's sister (who has autism and a learning disability, the latter diagnosed as putting her in the bottom 1% of IQ / cognitive ability) apply for PIP. My wife attended a face to face assessment with her, which appeared to go OK. But we have just received an egregious decision letter awarding her only 4 points in the daily living category, and zero in the mobility category.
The letter is dated 29 August, but was only received on 6 September, 8 days later (significantly chewing up our time to respond). Would you make anything of this in the mandatory reconsideration application? Additionally, ahead of the assessment, we twice requested per procedure that it be audio recorded. On the day this was not set up. The assessor then did set it up on the day but subsequent to the assessment we received a letter stating that the recording had failed. Again, would you make much of this (i.e. complain and point to disenfranchisement of the claimant) in the in the mandatory reconsideration application?
It is hard to tell whether it is simple incompetence or foul play with respect to the above.
Finally, we would like in the mandatory reconsideration application to put them on notice that we are also preparing a full tribunal appeal for circumstances where her application is not reconsidered positively. Are there any drawbacks to doing this?
Many thanks in advance,
Tom
Please Log in or Create an account to join the conversation.
- Jobsworth Zero Today
- Offline
Less More
- Posts: 13
5 days 8 hours ago #308866 by Jobsworth Zero Today
Replied by Jobsworth Zero Today on topic Advice Please - Mandatory Reconsideration
Seems to he a pattern emerginhg here, when it comes to recordings.I wonder why this could be. Never hear of cliamints phones not working on an occsassion as important as this.
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 9683
5 days 7 hours ago #308872 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Advice Please - Mandatory Reconsideration
Hi Tom
I'm sorry to hear that there was no recording made despite your request - this is quite a common occurrence. You can mention it in your mandatory reconsideration - but unfortunately, it won't make much difference. When there is no recording, they usually side with the assessor; however, as your wife attended the assessment with her sister, she can also contradict the report.
Only 27% of MRs are successful, so you have a fight on your hands.
I am curious - did your sister-in-law or you request a face-to-face assessment? I only ask because very few are being undertaken.
Have you got a copy of the assessment report - it's called a PA4. You can ring the DWP for the report. If you are running out of days to put in your Mandatory reconsideration, then submit one and say that you will send additional information when you have seen the report. The report should give you more understanding of why your sister-in-law scored so little. (Of course the obvious thing will be the assessor had no understanding of the needs of someone with autism!).
There's no need to mention that you are going to file an appeal if you don't win the MR - it just muddies the water. It will make no difference to the person judging the MR. Their only job is to say whether the assessor made the right decision.
Regarding the arrival of the decision letter which has shortened your time - that too is common. There is not supposed to be any extensions to submitting an MR (though I have known them do it on occasions) - so you could ask, but if you do and it is agreed make sure you keep all the details of who you spoke to, the date, and their first name and exactly what they said.
BIS
I'm sorry to hear that there was no recording made despite your request - this is quite a common occurrence. You can mention it in your mandatory reconsideration - but unfortunately, it won't make much difference. When there is no recording, they usually side with the assessor; however, as your wife attended the assessment with her sister, she can also contradict the report.
Only 27% of MRs are successful, so you have a fight on your hands.
I am curious - did your sister-in-law or you request a face-to-face assessment? I only ask because very few are being undertaken.
Have you got a copy of the assessment report - it's called a PA4. You can ring the DWP for the report. If you are running out of days to put in your Mandatory reconsideration, then submit one and say that you will send additional information when you have seen the report. The report should give you more understanding of why your sister-in-law scored so little. (Of course the obvious thing will be the assessor had no understanding of the needs of someone with autism!).
There's no need to mention that you are going to file an appeal if you don't win the MR - it just muddies the water. It will make no difference to the person judging the MR. Their only job is to say whether the assessor made the right decision.
Regarding the arrival of the decision letter which has shortened your time - that too is common. There is not supposed to be any extensions to submitting an MR (though I have known them do it on occasions) - so you could ask, but if you do and it is agreed make sure you keep all the details of who you spoke to, the date, and their first name and exactly what they said.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, latetrain, BIS, Catherine, Chris, David, Angel