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Advice on Mandatory reconsideration to Appeal

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6 years 3 weeks ago #207720 by Clipclop
Evening all

Last time i was on, i had had my DLA stopped and PIP denied. I was told the reason was i had not attended an assessment (that i had cancelled in a registered letter sent 5 months previous to DWP after my son had rang Atos twice and couldnt answer all the security questions) and given a good enough reason why. In the letter i asked for a home visit, if after reading my consultants reports and doctors letter and previous Appeal letter, along with a current letter from my doctor.did not suffice. Gordon told me i needed to do a Mandatory reconsideration and at least get another letter of my doctor. I dont see my Consultant specialists any more as i was placed in the care of the community by them in 2004 approx. I am have been on repeat medication prescribed by them ever since.

I didnt get a letter back from DWP that answered why they had cancelled my DLA and denied me PIP (even though i had always had home visits when an assessment was needed) which had then automatically cancelled my housing benefit , council tax, blue badge and road tax; and made me use a credit card to pay for them and Christmas. All i got was another letter from Atos with a home visit appointment in January. I had the assessment with my Granddaughter and her youngest son present, as he had been taken ill the night before and she didnt want to let me down; after what they had already put me through.

I was in pyjamas, dressing gown socks and sheepskin slippers, sitting in a wooden armchair as i do most days; i dont get dressed every day as i dont go out often. She seemed very personable, but having already seen what Atos medical reports look like first hand previously, i was taking nothing for granted. I asked her if she had received my application, with notes attached to each question and consultans and doctors reports etc. She said she had but had not had time to read them all, but would later. I was not examined by her, apart from i was asked to stand and did and wobbled and had to grab the chairs back rail. She said ok, just sit and then we did foot lifts and turns, i cant lift my feet more than an inch of the ground at best normally. I then had to move each foot left and right separately, there was a big difference in one of the feet. then after the assessment questions finished; she said goodbye lovely meeting you and shook my hand. As she looked at my hands she said, my, you have big hands, i replied they get even bigger as the day goes on. My Grandaughter was asked by her if she bathed me and where, she replied yes. Nan comes to mine most weeks and i also wash her hair and help her in and out of the bath, and dry her and her hair after showering her. She also told the HP that even though we aim for once a week to do this it can be two or three weeks sometimes if im not up to it.

I got the dreaded letter about two weeks later, I got 10 for mobility and 11 for daily living care and was awarded standard rate for both. I have had DLA high rate mobility since 2002 and middle rate care. I also have not been able to prepare a basic meal or shower or bath myself since then. I was told by the cab rep, at the tribunal at my last appeal i had got the high rate mobility without entering the room, they just needed to ask me a few care questions. Afterwards they said the only reason i didnt get high rate DLA for care was i didnt need turning in the night.

I got awarded just 2 points for preparing food and they said i need an aid, even though my doctor and previous Consultants report, stated i canot prepare it my self, due to the weakness and pain caused by my arthritis, carpel tunnel and reynards and Fibro in my hands and arms; as i cant peel chop food or lift pans on and off a cooker as i am prone to dropping things.
I also got only 2 points for Washing and bathing, I have had had this problem since i started DLA and its in doctors and Consultants reports and this time my Grandaughter who bathes me was spoken to about it. They said i need assistance from another person to wash either my hair or body below the waste. I say, How do i get in and out of the bath to shower myself alone, how can i wash myself with one hand holding a grab bar, if i cant reach behind my back or above my shoulders; with my Fibro. arthritis, reynards, carpe tunnel and kneck and shoulder restrictions or below my waste. I also got 0 points for mixing with other people, because of my Anxiety/Depression, I havnt been able to go out and socialise apart from with family for years. I also got 0 for Planning and following a journey, i cant go to strange places alone or meet people i dont know. I have anxiety/panic attacks and can very upset and emotional easily.

Sorry its so long, but i need to know if i have to go straight to appeal as i received a Mandatory Reconsideration notice with my pip result.[/b] I have rang DWP and they said i have to go to appeal. If this is the case i am being denied asking the DWP how they came to there conclusions when my current doctors letter covered all of the above mentioned points, in detail; as they are simply making there own assumptions and who is more qualified. I asked for the ATOS assessors report, so that i could see who had made the wrong assumptions. They said it would take 7-10 days to arrive. I got a letter 5 days later containing a copy of my PIP form minus all the attachements i had stapled to the back of each question on the form!! Also, What does ann HP assessment report look like. Thanks in advance.

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6 years 3 weeks ago #207743 by Gordon
Clipclop

You say you have a MR Notice is this in regard to the award of Standard Daily Living and Mobility, if it is in regard an earlier Decision then it cannot be used for this Decision, you must first request a new MR.

If you are able to go on to appeal then our PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

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

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

Either way you are going to have to provide more information about your problems with the PIP activities, picking some points from your post. For preparing food the DWP will expect you to use an aid to help you peel and chop food, you need to explain why you cannot use one of these, Also, you are not expected to lift pans on or off the hob, the DWP will say that you can place an empty pan on the hob and fill it with water using a vessel that you can lift, once cooked you can use a slotted spoon to remove the food to a plate, again you need to explain why you cannot manage this.

I'm less clear about you problems with bathing, so I suggest that you go back to the guides to check what the criteria is and what aids you will be expected to use, one that stands out would be a suitable stool in the shower so that you do not need to hold on to grab rails.

If you have scored 10 points for Moving Around then this is equivalent, in terms of distance, to your DLA Higher Rate Mobility, PIP has stricter criteria than DLA. For Going Out I think you will need to show a diagnosed condition that either prevents you undertaking a journey (going out) or one the prevents you from following a route.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Clipclop

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6 years 3 weeks ago #207775 by Clipclop
Replied by Clipclop on topic Advice on Mandatory reconsideration to Appeal
Hi, many thanks for the advice, im confused now regarding this Mandatory Reconsiderarion Notice. The letter states Personal Independence Payment, Your Mandatory Reconsideration Notice. Ive looked at your PIP and decided I can award you standard rate 0f 55.65 a week to help with daily living. You can now get this from 29 November 2017 to 17 July 2021. I can award you the standard rate of 22.00 a week to help with your mobility needs, duration same as above.
It contains a list of points awarded and the case managers reasons why. Is this the points the HP assessor gave me or the Case Managers decision; as i asked for a copy of the HP report and as i said in my last post they sent me only the PIP form minus all the attachments I sent, so if this is what. The comments in his report are clearly based on the answers i gave to the questions the HP asked, but as happens all the time with ATOS are lies/incorrect or twisted into another context by only showing part of the information that i actually said. But it does say on page 6, i can ask them to explain why and i can ask them to reconsider a decision, and then when they have done that they will send a Mandatory Reconsideration Notice and i can appeal. Are you saying that you can have more than one Mandatory Reconsideration notice. Thanks in advance.

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6 years 3 weeks ago #207794 by Gordon
Clipclop

What you appear to have is a Decision Notice with the Decision Makers Statement of Reasons, this is not the assessment report, although it will likely be based on it.

Are you sure that it says "Mandatory Reconsideration Notice"?

If it does then you can go onto appeal by using the information in my previous post.

Gordon

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

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6 years 3 weeks ago #207804 by Clipclop
Replied by Clipclop on topic Advice on Mandatory reconsideration to Appeal
Hi Gordon, yes certain it says Your Mandatory Reconsideration notice, i missed out Thanks for asking us to look at your PIP again. but put the rest in last post. So, in answer to my question, because i have not already had a Pip assessment after my assessment because they cancelled my DLA and said i wasnt entitled to PIP (even though they had examined me) as they said i didnt give a good enough reason for not attending the assessment .Even though i had always had home visits automatically; without asking whenever they requested a face to face. It took them five months after me sending a recorded delivery letter canceling it, along with a doctors letter stating i couldnt walk more than 20 mtrs and then she has to stop because of her breathing and pain. I have anxiety and depression. Diagnosed 1995 with Fibromyalgia. has Asthma and Osteo arthriris in her hands, hips, feet, carpel tunnel and Reynauds disease. She is severely limited in her daily living activities because her 4 neck is affected with osteoarthritis and she is unable to brush her hair. she walks with a stick outside. She had a fall in nSeptember and fell, she can dress herself with adaptations such as loose clothes and velcro shoes. She has a raised toilet seat and grab rails. her granddaughter and son do her shopping and she has a disability automatic car. Her grandaughter also bathes her and she cannot prepare food because of pains in her wrists and because she drops things. She struggles with social situations because of her social phobia. I would be grateful if you would take these things into consideration in relation to her assessment. So can i have another Mandatory Reconsideration or do i have to go to asppeal. As the letter states i can ask them to reconsider the decision. If i think they have overlooked something or i have more information that affects the decision. It states i have one month from the date on the letter whish is 12th Feb. Many thanks.

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6 years 3 weeks ago #207807 by Gordon
Clipclop

It's your decision, if you have already had one MR then what value would a second one be unless you have new and significant evidence to submit.

An appeal will look at your claim from scratch and will give you a further opportunity to explain your problems.

Gordon

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

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