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Mandatory Reconsideration Query
- Carla11
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6 years 8 months ago #195367 by Carla11
Mandatory Reconsideration Query was created by Carla11
Hi,
I spoke to DWP on Friday after finally getting a letter form Atos/IAS telling me that my complaint I made about the way my PIP assessment was dealt with. Atos have told me that they will be reviewing the assessment and responding in 20 days after initially telling me it would be 3 working days, then 2. I have found this very confusing.
When I contacted DWP to update them I was told that they will NOT be waiting for Atos/IAS to look at my case before making a mandatory reconsideration, they will also only be waiting until the end of the next week for any further evidence, such as a new OT assessment (which will likely take longer) to be provided. My question here is: Is this allowed?, it seems a very unfair practice when the validity of the Atos report DWP used to base their entire case on was disputed. The Atos assessor had cherry picked a generic statement from otherwise very supportive evidence as a way to completely discredit my claim and my mental health had been completely disregarded.
I spoke to DWP on Friday after finally getting a letter form Atos/IAS telling me that my complaint I made about the way my PIP assessment was dealt with. Atos have told me that they will be reviewing the assessment and responding in 20 days after initially telling me it would be 3 working days, then 2. I have found this very confusing.
When I contacted DWP to update them I was told that they will NOT be waiting for Atos/IAS to look at my case before making a mandatory reconsideration, they will also only be waiting until the end of the next week for any further evidence, such as a new OT assessment (which will likely take longer) to be provided. My question here is: Is this allowed?, it seems a very unfair practice when the validity of the Atos report DWP used to base their entire case on was disputed. The Atos assessor had cherry picked a generic statement from otherwise very supportive evidence as a way to completely discredit my claim and my mental health had been completely disregarded.
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6 years 8 months ago #195408 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration Query
Carla
I'm afraid your complaint to ATOS is seen as being completely separate from any MR That you might have with the DWP, they will only pay attention to it if the report is actually withdrawn.
Your best bet for the MR is to show that you meet the criteria to score the points that you need for an award, remember you need to be able to do them reliably and on the majority of days not to score.
Gordon
I'm afraid your complaint to ATOS is seen as being completely separate from any MR That you might have with the DWP, they will only pay attention to it if the report is actually withdrawn.
Your best bet for the MR is to show that you meet the criteria to score the points that you need for an award, remember you need to be able to do them reliably and on the majority of days not to score.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Carla11
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6 years 8 months ago #195411 by Carla11
Replied by Carla11 on topic Mandatory Reconsideration Query
I am very surprised to find that this is the case. I am now expecting DWP just to rubber stamp the original decision.
I have however just sent them new doctor and mental health letters, so hopefully someone at the DWP may see sense however unlikely.
I have however just sent them new doctor and mental health letters, so hopefully someone at the DWP may see sense however unlikely.
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