- Posts: 15
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- Mandatory Reconsideration - how much detail to provide?
× Members
Mandatory Reconsideration - how much detail to provide?
- mothernurture
- Topic Author
- Offline
Less More
1 week 11 hours ago #309013 by mothernurture
Mandatory Reconsideration - how much detail to provide? was created by mothernurture
Hi,
I am supporting my daughter with her PIP application - she has POTS, CFS and ADHD and has been severely affected for some years. We were stunned to discover that she received no PIP award whatsoever with mainly zero points - for example she cant cook a meal at all - about once a month she sits at the table and helps to chop vegetables for five minutes. before having to lay down again and we said this in the application - that she always needs help but the assessor awarded her zero points for this and said she could cook a meal. There are many other such examples. Her application was thorough - we used your guides and I supported her through it - in fact she couldn't physically complete the form so needed help with this.
When we request the mandatory reconsideration should we go into detail of how we disagree with the various points and descriptors and how at odds the notes on the award letter are with reality (we have requested the full report but don't expect it to be back in time to put in the MR)? or should we just request it and not add any further notes of where and how we disagree?
I am supporting my daughter with her PIP application - she has POTS, CFS and ADHD and has been severely affected for some years. We were stunned to discover that she received no PIP award whatsoever with mainly zero points - for example she cant cook a meal at all - about once a month she sits at the table and helps to chop vegetables for five minutes. before having to lay down again and we said this in the application - that she always needs help but the assessor awarded her zero points for this and said she could cook a meal. There are many other such examples. Her application was thorough - we used your guides and I supported her through it - in fact she couldn't physically complete the form so needed help with this.
When we request the mandatory reconsideration should we go into detail of how we disagree with the various points and descriptors and how at odds the notes on the award letter are with reality (we have requested the full report but don't expect it to be back in time to put in the MR)? or should we just request it and not add any further notes of where and how we disagree?
Please Log in or Create an account to join the conversation.
- latetrain
- Offline
Less More
- Posts: 9028
5 days 1 hour ago #309101 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic Mandatory Reconsideration - how much detail to provide?
Hi mothernurture
I would advise you to wait until you receive a copy of the assessors report before you apply for a MR, you can do an out of time MR and use the excuse you were waiting for a copy of the assessors report called a PA4.
When you have the assessors 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: www.gov.uk/mandatory-reconsideration
Gary
I would advise you to wait until you receive a copy of the assessors report before you apply for a MR, you can do an out of time MR and use the excuse you were waiting for a copy of the assessors report called a PA4.
When you have the assessors 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: www.gov.uk/mandatory-reconsideration
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: mothernurture
Please Log in or Create an account to join the conversation.
Moderators: Gordon, latetrain, BIS, Catherine, Chris, David, Angel