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mandatory reconsidoration
- scottysnan
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5 years 11 months ago #212382 by scottysnan
mandatory reconsidoration was created by scottysnan
Is this right ? I sent in my renewal form for pip and my enhanced care component has been reduced to standard, mobility stayed at enhanced.
I phoned and asked for reconsideration, put through to a case manager who went through the decision. I said I physically needed help preparing a meal as I keep cutting myself and cannot hold heavy pans. I was told there are aids for preparing veg and if I had the right aids I would not need someone to be physically with me. when I said about the heavy pans she said I am only expected to prepare a meal for on person and should be able to handle a pan for one. I explained I have peripheral neuropathy, osteoarthritis and fibromyalgia and that I have a special veg peeler, she said well the medical examiner ( mental health nurse ) said you were average build so obviously do not lack nutrition. she saw the way I handled and smoked a cigarette through a brick wall. said I handled myself well although I cried on occasions and went for a cigarette when I could not cope and told her why I went outside.
the rest of the telephone call went pretty much the same, including her telling me I made the call to them and am managing the call so had to explain my daughter had wrote all the points down for me.
I phoned and asked for reconsideration, put through to a case manager who went through the decision. I said I physically needed help preparing a meal as I keep cutting myself and cannot hold heavy pans. I was told there are aids for preparing veg and if I had the right aids I would not need someone to be physically with me. when I said about the heavy pans she said I am only expected to prepare a meal for on person and should be able to handle a pan for one. I explained I have peripheral neuropathy, osteoarthritis and fibromyalgia and that I have a special veg peeler, she said well the medical examiner ( mental health nurse ) said you were average build so obviously do not lack nutrition. she saw the way I handled and smoked a cigarette through a brick wall. said I handled myself well although I cried on occasions and went for a cigarette when I could not cope and told her why I went outside.
the rest of the telephone call went pretty much the same, including her telling me I made the call to them and am managing the call so had to explain my daughter had wrote all the points down for me.
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- Gordon
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5 years 11 months ago #212392 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic mandatory reconsidoration
scottysnan
Unfortunately the Case Managers comments are not unreasonable, at least for Preparing Food. Did they score you for needing to use aids for this activity?
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
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
Unfortunately the Case Managers comments are not unreasonable, at least for Preparing Food. Did they score you for needing to use aids for this activity?
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
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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- scottysnan
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5 years 10 months ago #212512 by scottysnan
Replied by scottysnan on topic mandatory reconsidoration
Just waiting on mandatory reconsideration decision, but been told it would help if I had a letter from any of the doctors to send in within 28 days so here goes another £40 for a gp letter to confirm what the "out of date" letter says
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