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TOPIC: Mandatory Reconsideration Letter

Mandatory Reconsideration Letter 3 weeks 4 days ago #200176

Hello all,

I just happened to find this site online so decided to join up as I'm needing a bit of help right now. I was getting DLA for years, lower rate care and higher rate mobility due to a very serious heart condition. Had to of course apply for the new PIP but I sent lots of evidence, from my Doctors in London and various other people. The face to face assessment wasn't too bad, but I did think the person hadn't researched much about me as she didn't seem to understand my condition.
Anyway the dreaded brown envelope arrived last Friday. I had go back my higher rate mobility but nothing for care, I was gutted. I do need a lot of care due to the side effects of my condition, I need help from my family with washing myself, dressing and also cooking. They seem to have ignored all that, and said I use a aid to help with all 3 of those. I don't even know what then mean by that as I don't have any sort of equipment to help me. I ended up getting 6 points when I really should have got at least 8.
I have started my Mandatory Reconsideration letter today, and I am also going to see the CAB this week. I have also asked for a copy of the face to face report.
But after reading all the success stories on here I wanted to ask for some advice about how I might go about getting the 2 extra points I needed. My main carer is my sister so I can't send any evidence from any official health worker on that front but she has done me out a letter. Is there anything else I can do, or is there any way I should write this Mandatory Reconsideration?
I don't really have much hope for getting the extra points as they don't seem to listen to what I say.

Thanks all,
Fiona

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Mandatory Reconsideration Letter 3 weeks 3 days ago #200191

Fiona

PIP has very specific criteria that you need to meet so I would start by having a read of our PIP Claim guide that explains this criteria in detail, it also explains the use of aids and specifically the aids that might be relevant to each PIP activity. See

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

The PIP section also has information about challenging a Decision that you might find helpful.

If you have further questions then please reply to this post and we will do our best to help.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Mandatory Reconsideration Letter 3 weeks 3 days ago #200208

I think I understand now where the problem. After research I found this

If the assessor believes that you could complete the activity under the qualifying criteria (timely, repeatedly, reliably, safely and acceptable standard) with the use of aids...even if you are not using them, they will only award the 2 points attributed to using aids.
However aids can be as simple as sitting down when prepping vegetables

I told them I sit on a chair to have my body wash, or if ever in the kitchen I sit on a chair to prepare veg. They have then said I use a aid to wash, cook, and dress/undress even though I told them another person helps me with all 3 of those things as I can't do them on my own. The aid must be the chair. They said I can prepare a simple meal using an aid when all I said was I sometimes sit on a chair and chop veg. There is much more to making a meal than that but they have twisted it to suit themselves.

In my Mandatory Reconsideration letter I have went over this again, and highlighted each of those points, wrote the score they gave me, wrote the score I thought I should have got and explained why, in good detail.

I have also got a letter from my GP, my specialist nurse and a statement from my sister which all say I need actual physical help for these activities.

I hope all that will be enough to let them see I need help from another person and just sitting on a chair is not enough.

Anymore advice on what I can say or do to prove this would be appreciated.

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Mandatory Reconsideration Letter 3 weeks 3 days ago #200212

Fiona

I you want to score higher than that allowed with the use if aids, then you will not only have to explain the problems that you have with the task but explicitly why the use of an aid would not allow you to complete the activity reliably and on the majority of days.

Gordon

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Mandatory Reconsideration Letter 3 weeks 3 days ago #200214

Well the use of a chair is of no use to be if I am too weak, to do anything while on the chair. My argument will be the problems I have doing these things on my own, how it would make me feel, both during and afterwards. It's all I can do. I just hope I can word it properly.

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Mandatory Reconsideration Letter 3 weeks 3 days ago #200215

Fiona wrote: Well the use of a chair is of no use to be if I am too weak, to do anything while on the chair. My argument will be the problems I have doing these things on my own, how it would make me feel, both during and afterwards. It's all I can do. I just hope I can word it properly.


If you don't explain why you are unable to use the aids that the DWP think that you can then you are undermining your case for an award.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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