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Failed Mandatory Reconsideration for my friend.
- phrank
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2 years 5 months ago #272618 by phrank
Failed Mandatory Reconsideration for my friend. was created by phrank
Hi all,
My friend got the results of his MR yesterday.
Previously he had scored zero points from his initial assessment, but at the MR stage six points for daily living and four points for mobility.
He is understandably upset by this, but I've told him most of the hard work as now been done.
As I'm a little rusty regarding tribunal appeals given the time lapse since I last went through with one, any advice, tips, magic wand waves and flourishes etc would be more than welocome.
I know he has a month in which to lodge the appeal ( i think it can be done online, would that be right?). However I have a few queries. I have only appealed to the tribunal service twice and each one was for ESA disputes both of which were fruitful.
My first question is: does he log all the descriptors he disputes and try to get the points he felt he should have been awarded at the MR stage?
Or does he pick out what he thinks are the two or even three, discriptors he feels he DEFINITELY should have been given points for or even more points for?
For example; he uses a dossett box for medication and relies on his wife to prompt and often to remind him to take his tablets? He scored zero for that but is very forgetful and needs someone to remind him about lots of things other than medication.
He scored zero points for dressing and undressing but uses a chair/stool to get dressed and uses a long shoe horn-like contraption to put on shoes.
I believe the two descriptors I've mentioned would get him over the line for the lower daily living component as he was only two points short.
I apologise for this lengthy post but this is our starting point on what is surely going to be a long and arduous journey.
Kind regards,
Phrank.
Phrank.
My friend got the results of his MR yesterday.
Previously he had scored zero points from his initial assessment, but at the MR stage six points for daily living and four points for mobility.
He is understandably upset by this, but I've told him most of the hard work as now been done.
As I'm a little rusty regarding tribunal appeals given the time lapse since I last went through with one, any advice, tips, magic wand waves and flourishes etc would be more than welocome.
I know he has a month in which to lodge the appeal ( i think it can be done online, would that be right?). However I have a few queries. I have only appealed to the tribunal service twice and each one was for ESA disputes both of which were fruitful.
My first question is: does he log all the descriptors he disputes and try to get the points he felt he should have been awarded at the MR stage?
Or does he pick out what he thinks are the two or even three, discriptors he feels he DEFINITELY should have been given points for or even more points for?
For example; he uses a dossett box for medication and relies on his wife to prompt and often to remind him to take his tablets? He scored zero for that but is very forgetful and needs someone to remind him about lots of things other than medication.
He scored zero points for dressing and undressing but uses a chair/stool to get dressed and uses a long shoe horn-like contraption to put on shoes.
I believe the two descriptors I've mentioned would get him over the line for the lower daily living component as he was only two points short.
I apologise for this lengthy post but this is our starting point on what is surely going to be a long and arduous journey.
Kind regards,
Phrank.
Phrank.
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- Gary
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2 years 5 months ago #272633 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Failed Mandatory Reconsideration for my friend.
Hi phrank
You now need to compile a submission using the assessors report.
There are various ways in writing a submission, most adviser will use what works for them.
The way I lay out a submission, I write down which descriptions I don't dispute and then go through each descriptor I disagree with.
I write down what the assessor has awarded for instance Activity 1
preparing food I write, the assessor has awarded Can prepare and cook a simple meal unaided (a)
I believe the correct award should be Needs supervision or assistance to either prepare or cook a simple meal (e)
You then need to explain why this should be awarded, the why part is the important bit, especially if you can tie it in with any supporting document.
ie. So if you can't cut up vegetables, you say why not.
1, Because of frequent bouts of dizziness you are only able to sit down for a few minutes (try and say what few is). and then you need to go and lay down.
2. Handling knives is impossible because of the lack of grip and safety issues and the real danger of hurting yourself, which is why your husband does all the cooking. (Remind them again here that when you are alone your husband leaves you cold food to eat.)
3. Because of the lack of grip you are unable to move pans, as you would drop them. You don't have the balance of strength. as per consultant letter dated XXXXXX
4. Nor could you take a ready meal and put in in the microwave (you need to say why you can't do this - balance, grip, dizziness, lifting something out - the danger of burning and hurting yourself, being unable to stand).
5. You also need to say why you cannot sit on a perching stool (because of the dizziness).
Write your submission as a word doc, when you start the online appeal copy and paste your submission where it asks why you are appealing, I would also add the submision as an upload supporting document as the formatting on the website is very poor and removes any paragraphs you may add and jumbles it all into one lump.
Gary
You now need to compile a submission using the assessors report.
There are various ways in writing a submission, most adviser will use what works for them.
The way I lay out a submission, I write down which descriptions I don't dispute and then go through each descriptor I disagree with.
I write down what the assessor has awarded for instance Activity 1
preparing food I write, the assessor has awarded Can prepare and cook a simple meal unaided (a)
I believe the correct award should be Needs supervision or assistance to either prepare or cook a simple meal (e)
You then need to explain why this should be awarded, the why part is the important bit, especially if you can tie it in with any supporting document.
ie. So if you can't cut up vegetables, you say why not.
1, Because of frequent bouts of dizziness you are only able to sit down for a few minutes (try and say what few is). and then you need to go and lay down.
2. Handling knives is impossible because of the lack of grip and safety issues and the real danger of hurting yourself, which is why your husband does all the cooking. (Remind them again here that when you are alone your husband leaves you cold food to eat.)
3. Because of the lack of grip you are unable to move pans, as you would drop them. You don't have the balance of strength. as per consultant letter dated XXXXXX
4. Nor could you take a ready meal and put in in the microwave (you need to say why you can't do this - balance, grip, dizziness, lifting something out - the danger of burning and hurting yourself, being unable to stand).
5. You also need to say why you cannot sit on a perching stool (because of the dizziness).
Write your submission as a word doc, when you start the online appeal copy and paste your submission where it asks why you are appealing, I would also add the submision as an upload supporting document as the formatting on the website is very poor and removes any paragraphs you may add and jumbles it all into one lump.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: phrank, denby
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- phrank
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2 years 5 months ago #272677 by phrank
Replied by phrank on topic Failed Mandatory Reconsideration for my friend.
Hi Gary,
Thank you for that information. That's extremely useful and we will use this as a base for our appeal.
Great site, this.
Regards,
Phrank.
Thank you for that information. That's extremely useful and we will use this as a base for our appeal.
Great site, this.
Regards,
Phrank.
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- BIS
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2 years 5 months ago #272679 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Failed Mandatory Reconsideration for my friend.
Hi Phrank
I can understand why your friend is upset, but I hope he sticks with it. The score has improved - (Which shows it was wrong in the first place). There is a far greater chance of him winning at a Tribunal and getting those extra points
BIS
I can understand why your friend is upset, but I hope he sticks with it. The score has improved - (Which shows it was wrong in the first place). There is a far greater chance of him winning at a Tribunal and getting those extra points
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- LL26
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2 years 5 months ago #272709 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Failed Mandatory Reconsideration for my friend.
Hi phrank,
As a B&W alumnus you have all the tactics and ammunition to volley a veritable barrage of criticism at DWP. We all know that you can do this!
LL26
As a B&W alumnus you have all the tactics and ammunition to volley a veritable barrage of criticism at DWP. We all know that you can do this!
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby
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- phrank
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2 years 5 months ago #272724 by phrank
Replied by phrank on topic Failed Mandatory Reconsideration for my friend.
Hi BIS and LL26,
Thank you for your continuing support over this.
He definitely wants to go ahead with it (which is great) having spoken to him recently. I am hoping to see him in a few days and we can lay down the foundations of the appeal face-to-face.
As usual, I will keep you posted and ask any questions if I get stuck.
The ammunition is there and we are ready to unleash it's full potential!
Regards,
Phrank.
Thank you for your continuing support over this.
He definitely wants to go ahead with it (which is great) having spoken to him recently. I am hoping to see him in a few days and we can lay down the foundations of the appeal face-to-face.
As usual, I will keep you posted and ask any questions if I get stuck.
The ammunition is there and we are ready to unleash it's full potential!
Regards,
Phrank.
The following user(s) said Thank You: denby, LL26
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