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mondatory reconsideration
- kazza62
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5 years 7 months ago #217319 by kazza62
mondatory reconsideration was created by kazza62
hi all i have been awarded pip on the lower rate daily living and enhanced rate mobility after a my first assessment in 6 years ? i think i would like to ask for a mr on the daily living as i think that are wrong ? BUT my question is does anybody no will they reconsider both or just the one i am questioning ? . also will they stop my benefits while they decide / thanks kazza
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- Gordon
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5 years 7 months ago #217326 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic mondatory reconsideration
Kazza
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
The DWP will look at both components if you request an MR. It would be unusual for them to reduce an Enhanced award but I can't give you any surety that they won't, obviously, the risk is higher you scored just the 12 points required or whether you scored more.
You also need to consider how reasonable your view that you should have scored higher for the Daily Living Component. The points for DL are not linear, by this I mean that as the points increase additional conditionality is also introduced, so he need to check whether you would actually meet this.
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
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
The DWP will look at both components if you request an MR. It would be unusual for them to reduce an Enhanced award but I can't give you any surety that they won't, obviously, the risk is higher you scored just the 12 points required or whether you scored more.
You also need to consider how reasonable your view that you should have scored higher for the Daily Living Component. The points for DL are not linear, by this I mean that as the points increase additional conditionality is also introduced, so he need to check whether you would actually meet this.
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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