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Mandatory Reconsideration
- ItsJustMe1
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3 hours 12 minutes ago #315872 by ItsJustMe1
Mandatory Reconsideration was created by ItsJustMe1
Hi everyone, I received a formal diagnosis of ASD earlier this year, after both of my children received a diagnosis over the years, as through their process of being diagnosed I realised I was ticking all of the boxes and it was finally explaining why I am "very different" compared to most others. I read through the PIP application process back in June, looked through each category and the scoring and along with the PIP test here it highlighted a score that indicated I should apply. I just received my letter and scored 0 points on everything - I can understand being denied by maybe not reaching the threshold but I personally cannot believe I have scored 0 on everything. When I recall the conversation with the telephone assessor in my head, I do believe I was asked the wrong "questions" in a way that - reading the summary provided I cannot actually believe my conversation was listened to. To be quite blunt - I got to work, I come home and once a week I go see my parents - this is how much I struggle with social activities and journey's / going outside. I am basically dragged outside during the summer time to go places with my kids - and if its too busy I nearly shut down. My ASD (however the assessor did actually say "It sounds like there is anxiety in there as well" at one point of the assessment) heavily has an impact on me when it comes to social activities and journeys. The points I believe I should have received scoring in - 6 - 6c. Needs either - (i) prompting to be able to dress, undress or determine appropriate circumstances for remaining clothed; or (ii) prompting or assistance to be able to select appropriate clothing. (2 points) My wife has to remind me to dress properly for the weather conditions - during the assessment I was asked, do you know you should wear a coat - I said that I know, but my wife has to remind me to do so (otherwise I'd be prone to going outside without sensible clothing for the conditions) 9 - 9d. Cannot engage with other people due to such engagement causing either - (i) overwhelming psychological distress to the claimant; or (ii) the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another person. (8 points) I made it very clear (on my notes and in the assessment) that I cannot engage with others who I do not know when it comes to face to face. For example, I had to get my PIP forms collected by Royal Mail, when I live 200m from a post office, because the unpredictability of people and the social interaction at the shop. I cannot bring myself to go around the back of my house, where there is a public pathway to tidy it up as I fear someone speaking to me, it is the same with brushing my driveway, I often go back inside if I see someone walking along the path in case they talk to me. My wife has to collected my hay fever tablets as I fear going in to the store / interacting with people / knowing if it is my turn. Take kids to appointments, does the shopping etc My work recently tried to force me into visiting customers - to the point that forced my private diagnosis to prove to them, out of the fear of being disciplined. After the diagnosis adaptions had been made - which I do believe I mentioned. After the diagnosis they dropped the push for social engagement with customers, team briefings that I had been avoiding due to the social side of it had been moved to paper form, with an agreement that I could go around the small team individually, rather than stand in front of a group of 15. The summary said - You work full time as an operational manager, in charge of a small team and can engage with customers if required. No sick leave from job and no adaptions to your job role which you are able to manage without support - I am a supervisor (not manager as stated), in a non-standard workplace - I plan things on computer, in a workplace that never changes. I cannot engage with customers if required - I do believe I was tricked with this question as I only got asked "If someone came to you and asked where an item was, could you tell them?" I can... but I cannot do the initial prompting to talk to someone unfamiliar, which was completely overlooked / ignored. I am involved with no disciplinary actions as that is someone else - I am just there to make sure the operation runs smoothly. Apparently not being sick from the job, even though it is my ASD wanting to keep my routine is also noteworthy. 10b. Needs prompting or assistance to be able to make complex budgeting decisions. (2 points) I explained that while I can manage my consistent direct debits - I require help from my wife when it comes to anything outside of this, often with her having to talk me out of borrowing money / payment plans. 11d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid. (10 points) 11e. Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant. (10 points) To be honest, elements of both of these apply. I am only able to drive to my work (I have worked in the same place since 2014 and to this day, I cannot deal with approaching a mini-roundabout from a certain direction, which requires me to drive an extra mile to approach it from another direction) and my parents house on specific routes (driving around the town, rather than through it) and even then I find certain parts quite distressing. If there are road closures / roadworks it is enough for me to sometimes have to pull over and wait. My wife has to do all of the driving that is not me taking myself to work or me going to my parents. The summary said - "I decided you can plan and follow the route of a journey unaided" Is this normal? During my assessment I was stuttering, extremely nervous and when it came to having to describe my social issues, especially the difficulty I had with my employer when the social elements of my job got pushed I was on the verge of crying - "apparently my speech was normal in flow, rate and content" - I don't believe it was I am drained with the whole thing and personally find the idea of having to appeal or talk to someone really overwhelming to think about but I do feel like I have been completely misunderstood. Thanks in advance and sorry about the wall of text, any advice would be appreciated.
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- David
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2 hours 19 minutes ago #315877 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Mandatory Reconsideration
Hi ItsJustMe1
Thanks for sharing your experience of claiming PIP and the stress it has caused which will be familiar to a lot of Forum members.
It is difficult to advise you without a detailed understanding of your personal situation. I think you will need the assistance of an advocate with an understanding of DWP Benefits. You will need to first make a Mandatory Reconsideration request to the DWP. These are considered by DWP staff and usually endorse the original DWP decision. This means your case will go to a Tribunal Hearing which is where you will need an advocate.
However you can start by reading the BenefitsandWork guides to PIP and Autism, Mandatory Reconsiderations and Tribunal appeals:
benefitsandwork.co.uk/?dlp=6ac8d42f62f7a
benefitsandwork.co.uk/?dlp=6ac8d42f62fd3
benefitsandwork.co.uk/?dlp=6ac8d42f62fd9
Let us know how you get on.
David
Thanks for sharing your experience of claiming PIP and the stress it has caused which will be familiar to a lot of Forum members.
It is difficult to advise you without a detailed understanding of your personal situation. I think you will need the assistance of an advocate with an understanding of DWP Benefits. You will need to first make a Mandatory Reconsideration request to the DWP. These are considered by DWP staff and usually endorse the original DWP decision. This means your case will go to a Tribunal Hearing which is where you will need an advocate.
However you can start by reading the BenefitsandWork guides to PIP and Autism, Mandatory Reconsiderations and Tribunal appeals:
benefitsandwork.co.uk/?dlp=6ac8d42f62f7a
benefitsandwork.co.uk/?dlp=6ac8d42f62fd3
benefitsandwork.co.uk/?dlp=6ac8d42f62fd9
Let us know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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