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Mandatory Reconsideration
- Sandra
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6 years 11 months ago #188421 by Sandra
Mandatory Reconsideration was created by Sandra
I was on DLA enhanced on both living and mobility but have now been only given standard rate of PIP for both. Mobility i only got 10 points but the decision maker said i could walk more than 20 metres implying because i was on moderate painkillers and i could walk short distances. This was based on no observations or the evidence i provided which shows i am constantly in pain and constantly fall due to my weak right side due to my lordotic posture caused by my congenital right hemiparesis. I dont think this was taken into consideration and they stated that they cannot consider any dangers that are unlikely to happen. where do i go from here?
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- Gordon
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6 years 11 months ago #188470 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration
Sandra
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 for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
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;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
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.
Gordon
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 for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
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;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Sandra
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6 years 11 months ago #189434 by Sandra
Replied by Sandra on topic Mandatory Reconsideration
Hi, I have now had the assessment report back and I am disputing descriptor 11 as the assessor recorded that i can plan and follow the route of a journey unaided. My doctor has filled out the GP notes from the site and believes i cannot as it would cause psychological distress as i recorded in my form that i always need someone to assist me when i go out as i have fallen in the road before, this was when i was on my own and this was very distressing and humiliating. I now fall more as my condition worsens.
Do I have good grounds for a MR?
Also is not being able to do up my bra classed as 'does not need assistance to dress or undress my upper body'?
Sandra
Do I have good grounds for a MR?
Also is not being able to do up my bra classed as 'does not need assistance to dress or undress my upper body'?
Sandra
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- Gordon
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6 years 11 months ago #189489 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration
Sandra
Based on your post you are at best assessing yourself as meeting Descriptor (b). The psychological distress prevents you from scoring for (c), (d) and (f) and the fact that you say that you go out prevents you meeting (e).
Are you saying you cannot fasten a bra at all, or just when it is at your back, if the latter then I think it likely that the DWP will simply say fasten it with the catch a your from and then move it to the back.
Gordon
Based on your post you are at best assessing yourself as meeting Descriptor (b). The psychological distress prevents you from scoring for (c), (d) and (f) and the fact that you say that you go out prevents you meeting (e).
Are you saying you cannot fasten a bra at all, or just when it is at your back, if the latter then I think it likely that the DWP will simply say fasten it with the catch a your from and then move it to the back.
Gordon
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- Sandra
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6 years 11 months ago #189565 by Sandra
Replied by Sandra on topic Mandatory Reconsideration
Thank you for the advise.
When it comes to my bra I have right side hemiparesis which is reduced power as the assessor called it in my right arm so I do not have the power to pull the bra together to clasp it whether at the front or back.
When it comes to my bra I have right side hemiparesis which is reduced power as the assessor called it in my right arm so I do not have the power to pull the bra together to clasp it whether at the front or back.
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- Gordon
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6 years 11 months ago #189568 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration
Sandra
Think about whether an aid of some form would help you to fasten the bra and if not why not.
Also, do you have any restrictions on your movement, could your for example put on a cardigan or a shirt?
Gordon
Think about whether an aid of some form would help you to fasten the bra and if not why not.
Also, do you have any restrictions on your movement, could your for example put on a cardigan or a shirt?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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