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Mandatory Reconsideration question
- marieukxx
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6 years 5 months ago #201008 by marieukxx
Mandatory Reconsideration question was created by marieukxx
My dad is profoundly deaf in both ears and as feared he's lost his DLA which was indefinite changing over to PIP. The face to face assessor is referred to as the MSE in the reort what does that mean? Also by challenging her am I likely to annoy her? Is it her that looks at it again? I've seen some bits of information where I can bring in quotes from the upper tribunal cases about carrying out an activity safely and reliably and the dangers. How do I go about bringing stuff like that into it? There is a lot of talk about no problems with cognition through his report. He's deaf.
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6 years 5 months ago #201032 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration question
Marie
Don't worry about the assessor they are now out of the loop.
MSE stands either for Musculoskeletal Examination or Mental State Examination depending on where it appears in the report.
If you are at the MR stage then the claim will be looed at by a Decision Maker, they work within strict guidelines so whilst I would still present the Case Law, don't expect the DM to pay too much attention to it unless their guidelines have been updated to include the information.
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
Don't worry about the assessor they are now out of the loop.
MSE stands either for Musculoskeletal Examination or Mental State Examination depending on where it appears in the report.
If you are at the MR stage then the claim will be looed at by a Decision Maker, they work within strict guidelines so whilst I would still present the Case Law, don't expect the DM to pay too much attention to it unless their guidelines have been updated to include the information.
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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- marieukxx
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6 years 5 months ago #201643 by marieukxx
Replied by marieukxx on topic Mandatory Reconsideration question
Thanks Gordon. One last question. Do I ned to re write what I said before when I applied for him. I have it all saved. I'm not sure if I just stick to the facts of why I disagree and give extra information and they still look at the original pip form too or I write that out and inlude it again?
I guess what I'm asking is do they re read the PIP form, the assessprs report and the mandadtory reconsideration information I provide? Or do I treat it like applying again. I hope I explained that correctly. He got 4 points on communication and I don't wanna lose those.
I guess what I'm asking is do they re read the PIP form, the assessprs report and the mandadtory reconsideration information I provide? Or do I treat it like applying again. I hope I explained that correctly. He got 4 points on communication and I don't wanna lose those.
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6 years 5 months ago #201650 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration question
Marie
I would refer back to your PIP2 form If you can, it can be important to have made the statements on the claim form, you can quote from it but include some sort of reference if you do.
Both the assessor and the DM should have read his PIP2.
Gordon
I would refer back to your PIP2 form If you can, it can be important to have made the statements on the claim form, you can quote from it but include some sort of reference if you do.
Both the assessor and the DM should have read his PIP2.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: marieukxx
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6 years 5 months ago #201661 by marieukxx
Replied by marieukxx on topic Mandatory Reconsideration question
Ok thanks I will do.
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6 years 5 months ago #201669 by marieukxx
Replied by marieukxx on topic Mandatory Reconsideration question
Thanks Gordon. One other thing. I wanted to take a quote from the uodated PIP assessment guide which will help. I've quoted this. Should I print off the guide and highlight that portion and include it or just print that particular page?
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