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Help with Mandatory Reconsideration
- nicurro
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6 years 10 months ago #190869 by nicurro
Help with Mandatory Reconsideration was created by nicurro
Hi , after being on DLA with an indefinate award for both care & mobility I have been awarded Standard rate for daily living and no award for moving around.
I have asked for & received my report from the face to face assessment and could do with a bit of help with how to proceed with my reply to the DWP for the Mandatory Reconsideration.
The report is basically saying that by using aids for most of the questions I should be expected to be able to perform the task , and that I can walk between 50m & 200m as this would be consistent with my problems and I was seen to walk 50 meters to the assessment room, no mention that I had my wife with me to help me and to plan the journey as it was an unfamiliar location.
If.anyone can advise me what to do I would be grateful.
Nig
I have asked for & received my report from the face to face assessment and could do with a bit of help with how to proceed with my reply to the DWP for the Mandatory Reconsideration.
The report is basically saying that by using aids for most of the questions I should be expected to be able to perform the task , and that I can walk between 50m & 200m as this would be consistent with my problems and I was seen to walk 50 meters to the assessment room, no mention that I had my wife with me to help me and to plan the journey as it was an unfamiliar location.
If.anyone can advise me what to do I would be grateful.
Nig
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6 years 10 months ago #190886 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help with Mandatory Reconsideration
Nigrob
You don't say what your previous DLA award was but PIP has stricter criteria, so for example an HRM award for DLA only equates to a Standard award for PIP>
Needing to use aids to complete the PIP activities usually scores the claimant points, are you saying that you cannot use the aids and should have scored higher?
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
You don't say what your previous DLA award was but PIP has stricter criteria, so for example an HRM award for DLA only equates to a Standard award for PIP>
Needing to use aids to complete the PIP activities usually scores the claimant points, are you saying that you cannot use the aids and should have scored higher?
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
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- nicurro
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6 years 10 months ago #191389 by nicurro
Replied by nicurro on topic Help with Mandatory Reconsideration
Hello again,
I have just been reading the Assessment Provider report that has been sent to me by the DWP to enable me to write my reasons , the report has a page count of 30 but there is no page 4.
The printed report individual page count goes from page 3 of 30 to page 5 of 30 and no page 4 of 30.
Can anyone advise what I should do as it now appears to be an incomplete report.
Thanks
I have just been reading the Assessment Provider report that has been sent to me by the DWP to enable me to write my reasons , the report has a page count of 30 but there is no page 4.
The printed report individual page count goes from page 3 of 30 to page 5 of 30 and no page 4 of 30.
Can anyone advise what I should do as it now appears to be an incomplete report.
Thanks
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- Gordon
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6 years 10 months ago #191429 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help with Mandatory Reconsideration
nigrob
Page 4 is a continuation page from page 3 and is often omitted if blank.
Gordon
Page 4 is a continuation page from page 3 and is often omitted if blank.
Gordon
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- nicurro
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6 years 10 months ago #191969 by nicurro
Replied by nicurro on topic Help with Mandatory Reconsideration
Hi,
There are a number of areas that I feel I should have received more points one of which is :
1. Washing & Bathing _ 2 points needs to use an aid or appliance to be able to wash & bathe. The assessor stated that with suitable aids such as long handled sponge , grab rails & shower seat it would be reasonable to suggest that I could manage these activities to acceptable standard.The difficulties I report with needing supervision when doing this activity is inconsistent with the lack of any diagnosed condition that would substantiate the debility.
(My Wife helps me with this activity by washing my lower half and is always there to ensure that I am safe , helps to dry me and also helps me to go the bedroom to lay down until I feel able to go downstairs.)
I do not use a bath as I am unable to get in or out even with the help of my wife and I have fallen when trying to do this before.
Is it correct for the assessor to ignore what actually happens and just suggest what should happen when they have been given the facts?
No points awarded for planning & following a journey- The assessor says that because I can drive I can follow a familiar journey. I never said that I drive locally to the shops & work on my own even though I did say I go to work and know how to get to the local shops. The assessor assumed that I drive to these by myself which is not the case. My wife helps me into the car and out again or I use a taxi with help from others when she is not able to go with me.
The location of the assessment was an unfamiliar place and my wife helped me in & out of the car, the journey was 30 minutes and we had to stop 3 times to allow my pain to settle and also when we arrived at the location she went to see how far it was from the car park & what seating was available and where the toilets were. I would not have been able to do this journey on my own nor would I have been able to complete the journey using public transport.
How do I quantify these issues in my letter to challenge the original decisions ?
I have written to my MP and they have written to the DWP to ask for them to allow me extra time to submit my letter but at the moment the deadline is 29th June so I am desperately trying write the letter and if anyone can help /advise me it would be appreciated.
Thanks
Nic
There are a number of areas that I feel I should have received more points one of which is :
1. Washing & Bathing _ 2 points needs to use an aid or appliance to be able to wash & bathe. The assessor stated that with suitable aids such as long handled sponge , grab rails & shower seat it would be reasonable to suggest that I could manage these activities to acceptable standard.The difficulties I report with needing supervision when doing this activity is inconsistent with the lack of any diagnosed condition that would substantiate the debility.
(My Wife helps me with this activity by washing my lower half and is always there to ensure that I am safe , helps to dry me and also helps me to go the bedroom to lay down until I feel able to go downstairs.)
I do not use a bath as I am unable to get in or out even with the help of my wife and I have fallen when trying to do this before.
Is it correct for the assessor to ignore what actually happens and just suggest what should happen when they have been given the facts?
No points awarded for planning & following a journey- The assessor says that because I can drive I can follow a familiar journey. I never said that I drive locally to the shops & work on my own even though I did say I go to work and know how to get to the local shops. The assessor assumed that I drive to these by myself which is not the case. My wife helps me into the car and out again or I use a taxi with help from others when she is not able to go with me.
The location of the assessment was an unfamiliar place and my wife helped me in & out of the car, the journey was 30 minutes and we had to stop 3 times to allow my pain to settle and also when we arrived at the location she went to see how far it was from the car park & what seating was available and where the toilets were. I would not have been able to do this journey on my own nor would I have been able to complete the journey using public transport.
How do I quantify these issues in my letter to challenge the original decisions ?
I have written to my MP and they have written to the DWP to ask for them to allow me extra time to submit my letter but at the moment the deadline is 29th June so I am desperately trying write the letter and if anyone can help /advise me it would be appreciated.
Thanks
Nic
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- Gordon
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6 years 10 months ago #192018 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help with Mandatory Reconsideration
nigrob
What is the condition that is placing you at risk when bathing and what have the DWP said about the risk?
As to the Going Out activity you don't state your conditions but do mention pain. If your underlying problems are physical then you are unlikely to score points for this activity, the DWP consider it relates to cognitive, mental health or sensory issues. Physical problems that affect the claimants ability to walk considered under the Moving Around activity.
If you can provide more information then I may be able to provide more detailed advice.
Gordon
What is the condition that is placing you at risk when bathing and what have the DWP said about the risk?
As to the Going Out activity you don't state your conditions but do mention pain. If your underlying problems are physical then you are unlikely to score points for this activity, the DWP consider it relates to cognitive, mental health or sensory issues. Physical problems that affect the claimants ability to walk considered under the Moving Around activity.
If you can provide more information then I may be able to provide more detailed advice.
Gordon
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