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To ask for Manditory Reconsideration or not?!

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6 years 6 months ago #198555 by Mrs Bouquet
I found out that I hadn''t received the enhanced rate of mobility by opening a letter from Motability advising me of how to return my car! I was caught off guard because it wasn't a dreaded brown envelope!
I received notification from DWP 2 days later telling me I had 10 points for mobility and 8 for care.
Whilst I'm very grateful for the care award, I'm devastated by the 10 points for mobility.
I've had a car on Motability for 19 years.
My medical history.
Suffered a spinal injury; off work for sometime afterwards. Continued working, as a nurse but had frequent spells of sickness.
Over the next few years, I developed spinal canal stenosis requiring surgery, as the pain was unbearable and I was starting to experience loss of sensation in my legs.
Following the surgery, my left leg was completely numb, and l have loss of proprioception.
I have walked with 2 sticks ever since, and had to give up the job I lived for.
3 months post op, and my pain was as bad as it was pre op. Obviously not in the left leg because I cant feel it. But, pain is a warning that something is wrong!
As a result of not knowing where the leg is, unless I'm looking at it, I often turn, but my foot and my knee aren't heading in the same direction, so I've snapped my cruciate ligament, torn cartilage in my knee, and spend more time on the floor than my tiles!
I've had further surgery, but no lasting relief.
My face to face for transfer from DLA to PIP was unremarkable; a very pleasant, male paramedic, who seemed empathetic, but I'm confused by some of the comments the decision maker has based his award on!
He agrees that "I have difficulty moving around" and that I"'m prescribed moderate pain relief".
However, my pain is far from moderate!
As I explained, both in my application and at face to face, I have this cocktail of 21 non opiate based pain killers a day, as I can't take them, and I cant take anti inflammatory drugs as I blew a hole in my gut after many years of taking them!.
He goes on to say" the physical examination showed restriction in your spine, hips and knees, as well as weakness in your left leg, and mobilised aided with a slow pace"
I appreciate the assessor at the face to face would make informed observations, but an "examination ". I didn't have any form of eximanation whatsoever!
I think my leg deserves a little more kudos than "a weakness"!
At the face to face the guy said that they weren't really that focused on how far people could walk, but for how long. before resting So when asked,, rightly or wrongly, I said a minute. He didn't ask if i` was in pain, could I do it repeatedly, safely or how far I would get inthe minute.
The biggest problem I have, apart from pain, and a paraesthetic left leg,i is the unpredictabilty of what they are going to allow me, or not allow me to do from minute to minute, never mind day to day. All of this was explained on paper and in person.
As a result, he has decided that I can stand and then move, using an aid more than 20 metres but no more than 50m for the majority of days............ and is consistent with the results of my musculoskeletal examination! Again; what examination?
So Gordon, my dilemma is; do I ask for a mandatory reconsideration and risk losing points on one or both components, in which case, I wouldnt get anything?
Or do I accept the standard award, which is what I'm sure the DWP is banking on me and many others doing?
Apologies for the lengthy post!

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6 years 6 months ago - 6 years 6 months ago #198572 by slugsta
Replied by slugsta on topic To ask for Manditory Reconsideration or not?!
Hi and Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

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You are correct in saying that it is possible to lose points at MR. It is not common but we have seen it happen. This decision would be appealable ( the Tribunal have to warn the claimant if they think they might consider removing an award).

Do you have a copy of the assessor's report? If not, DWP usually send them out on request and it can often help explain why you did not score points as you expected. I suspect the fact that you, under pressure, said you could walk for 1 minute is a large part of the problem as this would be far more than 20m, even at a slow pace.

You should have a little bit of thinking time before you have to submit an MR request. I suggest you go through our PIP guides very carefully, with your PIP2 form to hand, to see if you can identify how you might be able to get this decision amended in your favour.

www.benefitsandwork.co.uk/help-for-claimants/pip

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your PIP without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it helps us enormously - and I hope you will find it useful too

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 6 months ago by slugsta.
The following user(s) said Thank You: Mrs Bouquet

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