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Mandatory Reconsideration stage and only just found these guides

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2 years 11 months ago #269006 by Becky
Hi

I used to claim DLA for mental health (severe anxiety and severe OCD), yet it improved and went back to work. My mental health deteriorated again (anxiety depression and bad problems with memory and cognitive function so I ended up walking out of work last august. also OCD now worsening) (and I am also thinking about getting assessed for ADD (ADHD without hyperactivity' ) so when i applied for PIP I thought I was just filling in about my condition generally, I had no idea it was so different to claiming DLA in the past. I just thought the name of the benefit had changed. So in other words I didnt fill it out correctly , made points that werent relevant and left out points that are relevant, and made rough guesses on how many days a week i was a certain way etc. So then when I had a telephone assessment with an awful assessor (seemed to have an attitude with me from the second I answered, was rude, upset me, would have complained if I coud deal with anything else which i cannot) I had no idea how important the number of days a week I was bad was, or that I was missing out or not adding important things. Anyway... my point is I have now received the decision - 0 points against every question. i have asked for the full assessment and have recieved this and asked for a mandatory reconsideration and have also asked please do not act upon this until I have had a chance to respond to the evidence - all as per a charity website ) So my question is....now I have joined this group and have realised what each question actually means, whats important and what isnt etc, - do I now write back what I should have said...almost as though starting all over again with the correct information, even if its different to what I said to the assessor on the phone as I was just giving a general idea). I didnt record the conversation so really dont know what i said to some questions in soecific detail to some questions as have alot of info to cover. ALso no doctors notes were used in my assessment. I was registered at my old doctors under my mums home address as was scared to loose my doctor whose looked after me and my family for ten years ...when i applied for pip under extran information I gave the address the doctors would have, however when i called my doctors they said they had sent back some paperwork from DWP as address was wrong and therefore i had to de-register as a patient. So I can only assume this was for the doctors notes for my PIP claim. Also my new doctors havent seen me yet, dont know a thing about my history (including a break down, death of my brother, severe ocd) and also they dont have my notes still and neither do my old doctors. They said they can take up to 6 weeks but not to hold them to that. SO do I now respond to the evidence / the report form the assessor with a long letter saying this is actually the right answer..and this is what you also need to know etc etc or......do i just let them respond and write out all this information for the actual appeal. My notes will show I have had trouble with my memory and congitive function i just assume the assessor didnt believe me . ps my cognitive function could easily be due to my anxiety and depsression yet since looking into it online i really think i may have ADD. Also if i get a doctor to assesst his privately so I dont have to wait months for a decision - will this be accepted by DWP or does it have to be NHS. Sorry for so many questions im just so overwhelmed. I have no idea how the expect people with mental health conditions to do things within 1 month. its taken me a week on this and i still actually havent got anywhere was at the point of almost throwing up the day before yesterday with the stress.

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2 years 11 months ago #269015 by BIS
Hi Becky

I'm sorry this has happened to you and you didn't know about the differences between DLA and PIP. You are certainly not the only one to have been caught out in this manner. I think you should put in your MR and go through, giving them the answers that you would have given if you had understood the process. Now they might not accept them, because it was based on what you said at the time, but you can give your mental health difficulties as the reason.

Don't include speculation that you might have ADD because you haven't had anyone to confirm it.

Make the point that you did not send in any doctor's information. If you have any evidence use it. I know you don't have recent evidence because of the change of doctor.

Inform the DWP you are waiting for further information from your doctors. You could put in for a subject access request from your doctor for your notes which they may do for you a little quicker. You could then send in evidence - but you need to be able to read them and pick what would be relevant - and this may be too much for you. Don't access your notes if it is going to affect your mental health.

I would not advise you to get a report from a private doctor who doesn't know you. The DWP don't look kindly upon these types of reports.

Now you have more understanding, go through our manuals on how to answer the questions and do what you can to give more comprehensive answers. If you have any family members who can write a letter confirming your difficulties include these too.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 11 months ago #269038 by Angel
Morning. Go through any paperwork you have that refers to your MH issues. Also contact organisations you have used in the past to see if they have records of you attending/ using services and ask for a statement of this on headed paper. Get some support for now. Remember to include award dates etc for DLA, and award letters if you have them. Good Luck.
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2 years 11 months ago #269082 by Becky
thankyou so much for your reply. i will start on this today .
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