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Mandatory reconsideration
- Jutey
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6 years 4 months ago #203335 by Jutey
Mandatory reconsideration was created by Jutey
Looking for a little support with regards to mandatory reconsideration, received the letter from dwp today dated 7/12/17. My daughters award has been down graded from high to standard rate. She has been awarded zero points for managing therapy despite me saying she needed 7+ hours per week she was assessed by atos (or whatever they call themselves). At least 3 points we are disputing.
Any suggestions on how best to respond should I contact her gp for supporting evidenc? All tips advice welcome.
Any suggestions on how best to respond should I contact her gp for supporting evidenc? All tips advice welcome.
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- Gordon
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6 years 4 months ago #203358 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration
Jutey
The definition of therapy was updated in March and now excludes all medicinal treatments, is it possible that this is why the points have been reduced? The PIP Claim guide has details of the change.
Given that the activity falls under the new definition of treatment then the next issues to address are it having been recommended or prescribed by suitable person and that a failure to undertake the treatment will have a negative impact on your daughters health. This is an area that your GP may be able to help.
From a broader view your GP may be able to help increase her points for other activities, have a look at the PIP Claim guide for more details of the criteria she need to meet.
www.benefitsandwork.co.uk/help-for-claimants/pip
There is also a GP Notes document in that section that may help put some structure to what her GP might produce.
Gordon
The definition of therapy was updated in March and now excludes all medicinal treatments, is it possible that this is why the points have been reduced? The PIP Claim guide has details of the change.
Given that the activity falls under the new definition of treatment then the next issues to address are it having been recommended or prescribed by suitable person and that a failure to undertake the treatment will have a negative impact on your daughters health. This is an area that your GP may be able to help.
From a broader view your GP may be able to help increase her points for other activities, have a look at the PIP Claim guide for more details of the criteria she need to meet.
www.benefitsandwork.co.uk/help-for-claimants/pip
There is also a GP Notes document in that section that may help put some structure to what her GP might produce.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jutey
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6 years 4 months ago #203373 by Jutey
Replied by Jutey on topic Mandatory reconsideration
Thanks Gordon that’s really helpful. In relation to therapy etc we explained to the assessor that she needed constant help as she was unable to administer feeding(she is tube fed) independently. Despite our efforts the decision maker has listed her as managing her own nutrition with a therapeutic source. We went into great detail of the support she required the daily routine preparation/sterilisation etc.
I have registered my request for mandatory reconsideration and have asked that they provide copies of the report and any additional evidence used to make the decision. I will of course follow this request in writing and intend to send recorded delivery.
Thanks again for your response.
J
I have registered my request for mandatory reconsideration and have asked that they provide copies of the report and any additional evidence used to make the decision. I will of course follow this request in writing and intend to send recorded delivery.
Thanks again for your response.
J
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- Gordon
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6 years 4 months ago #203382 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration
Jutey
They are not going to score for Managing Treatments if the this is a feeding tube, they won't double score for something like this.
However if she is unable to manage the tube on her own then you should be aiming for
Eating and Drinking
e. Needs assistance to be able to manage a therapeutic source to take nutrition. 6 point.
but you will need to explain in detail why she needs assistance and there is a specific definition for the type of source that will score the points.
See the PIP Guide for more details.
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
They are not going to score for Managing Treatments if the this is a feeding tube, they won't double score for something like this.
However if she is unable to manage the tube on her own then you should be aiming for
Eating and Drinking
e. Needs assistance to be able to manage a therapeutic source to take nutrition. 6 point.
but you will need to explain in detail why she needs assistance and there is a specific definition for the type of source that will score the points.
See the PIP Guide for more details.
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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