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Mandatory recon
- Johninpain
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1 year 9 months ago #278391 by Johninpain
Mandatory recon was created by Johninpain
Hi I have just got my decision after 25 months ! And it seems that the assessor seems to have completely ignored all items about my mental health saying I engage well with people etc this is just not true and I have years of examples and I even told the hcp that I can't go out alone at all and have become almost nocturnal as a way to avoid seeing people
But all this has been ignored
My simple question is should I contact them and ask for statement as all these facts have been missed (conveniently) or should I just ask for MR and then list the problems and strange references ie I can drive with my damaged arm therefore I can cut peel and cut food I mean who thinks driving needs as much dexterity and movement as complex cutting aslo very rarely do you risk cutting an artery with a gear knob
It's almost as if the assessor didn't even read the form or hcp report
Any help gratefully received
But all this has been ignored
My simple question is should I contact them and ask for statement as all these facts have been missed (conveniently) or should I just ask for MR and then list the problems and strange references ie I can drive with my damaged arm therefore I can cut peel and cut food I mean who thinks driving needs as much dexterity and movement as complex cutting aslo very rarely do you risk cutting an artery with a gear knob
It's almost as if the assessor didn't even read the form or hcp report
Any help gratefully received
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- BIS
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1 year 9 months ago #278403 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Mandatory recon
Hi Johninpain
Twenty-five months! - That is a long time. I'm sorry you didn't get the response you were hoping for. You should request a copy of the assessment report if you haven't already done so. It will make it easier to write your Mandatory Reconsideration. You are the second member today to bring up driving. Have a look at the guide to PIP claims and reviews - page 82 which has what a Tribunal judge has said about writing benefitsandwork.co.uk/guides-for-claimants/pip and also look at a post written by mod LL26 benefitsandwork.co.uk/kunena/10-dla-esa-...8543-pip-and-driving - which might help you form your response.
When you respond about the nocturnal issue - make sure that you have emphasised that it is something you have to do because of your deteriorating mental health and explain it is not something you choose to do because you prefer it. You know how the DWP will try and 'twist' or 'misinterpret what you say.
Do look at the guides on putting in an MR - including challenging a medical report and the guide to Appeals (which includes the MR information).
BIS
Twenty-five months! - That is a long time. I'm sorry you didn't get the response you were hoping for. You should request a copy of the assessment report if you haven't already done so. It will make it easier to write your Mandatory Reconsideration. You are the second member today to bring up driving. Have a look at the guide to PIP claims and reviews - page 82 which has what a Tribunal judge has said about writing benefitsandwork.co.uk/guides-for-claimants/pip and also look at a post written by mod LL26 benefitsandwork.co.uk/kunena/10-dla-esa-...8543-pip-and-driving - which might help you form your response.
When you respond about the nocturnal issue - make sure that you have emphasised that it is something you have to do because of your deteriorating mental health and explain it is not something you choose to do because you prefer it. You know how the DWP will try and 'twist' or 'misinterpret what you say.
Do look at the guides on putting in an MR - including challenging a medical report and the guide to Appeals (which includes the MR information).
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Johninpain
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1 year 9 months ago #278664 by Johninpain
Replied by Johninpain on topic Mandatory recon
Thank you for your reply Bis
I have now got the medical report and lots of bits have been missed out or misconstrued some in a sneaky way
My question now is do I list all problems in this MR or just the ones that are obvious and would up my points the 3 and 4 needed
Ie I have social phobia and can't go out alone as it causes terrible anxiety but the HCP has "missed" that statement and just said I walk the dog which I told her I just drive 300yrds (with a companion at night) to the common and let the dog out of the car I don't get out just the dog (well behaved and old) this has also been missed
I am working on the transcript of the recording but I am slow
I am happy to write the whole thing then back up with the transcript when I finish it to tell I am telling the truth about the call but will this much information just be ignored as they didn't bother to read the fully filled out form from 2 years ago?
Also is there any sort of template that may help me give the information I need to the first link you listed above just tells me I can't veiw it unless I am a member (but I am)
Any help would be gratefully received many thanks
John
I have now got the medical report and lots of bits have been missed out or misconstrued some in a sneaky way
My question now is do I list all problems in this MR or just the ones that are obvious and would up my points the 3 and 4 needed
Ie I have social phobia and can't go out alone as it causes terrible anxiety but the HCP has "missed" that statement and just said I walk the dog which I told her I just drive 300yrds (with a companion at night) to the common and let the dog out of the car I don't get out just the dog (well behaved and old) this has also been missed
I am working on the transcript of the recording but I am slow
I am happy to write the whole thing then back up with the transcript when I finish it to tell I am telling the truth about the call but will this much information just be ignored as they didn't bother to read the fully filled out form from 2 years ago?
Also is there any sort of template that may help me give the information I need to the first link you listed above just tells me I can't veiw it unless I am a member (but I am)
Any help would be gratefully received many thanks
John
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- Gary
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1 year 9 months ago #278674 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Mandatory recon
Hi Johninpain
Now you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
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.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
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; benefitsandwork.co.uk/guides-for-claimants/pip
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp
In regards to your last paragraph about the template letter, there is a glitch in the system, we also have to re-sign in when checking links we post for members so when it states you have to be a member to view it, just click on sign in and sign in.
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.
Gary
Now you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
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.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
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; benefitsandwork.co.uk/guides-for-claimants/pip
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp
In regards to your last paragraph about the template letter, there is a glitch in the system, we also have to re-sign in when checking links we post for members so when it states you have to be a member to view it, just click on sign in and sign in.
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.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Johninpain
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1 year 9 months ago #278757 by Johninpain
Replied by Johninpain on topic Mandatory recon
Thank you for your help Gary
I do have a couple of questions I don t have any up to date medical letter partly due to not seeing medical people due to cancelled appointments ( them not me covid ) and partly due to covid restrictions and the subsequent ridiculous waiting lists
also doesn't help that the only Dr ( seen for 30 yrs) I am happy with now only does 1 day a week so the wait is even longer
But as my problems haven't changed for years eg arm and back will never get better unless a spine and arm transplant become avaliable
And my mental health has only got worse due to covid isolation
The nurse in the medical seems to have skipped adding any infomation about my mental problems just saying at the end that it doesn't amount to OPD but the last reveiw I had to go to tribunal about the exact same descriptors and I was in the room with the tribunal less than 2 min and they overturned it giving me 4 and 4 points for engaging and needing help on journey .also everytime I started to talk about mental issues she stopped me and said we will come back to that but never did
My question is can I use that tribunal outcome and past Dr's letters stating I need assistance to leave the house along with the transcript of what I told the nurse that she omitted from the report to prove I still have these problems until I can get to see my Dr
She has said I managed fine and can manage as medical interview in2018 what she omits is that both at medical interview and during phone call i had company as i couldnt cope without she even asked why my friend was with me i stated support as i would be a mess without and had not slept for 2 nights before call due to anxiety when I told her unless I have help I wouldn't go out
She states on the form that planning a journey isn't a problem as it isn't being outside that causes problems but mostly people that cause distress so does this mean I have to find a city /shop with no people in order to live ? I don't understand her logic I mean unless it's come to a " I am legend" last person alive type of thing how do I go out and use my past courier brain to find my way around if I am crippled with anxiety unless I have a familiar face for support( only2possibly 3 people will help my problems )
I am sorry for all the questions there are so many inaccuracies and omissions I am getting very confused
I looked at the desicion letter last night and a huge chunk of the reasons don't make sense I'm paraphrasing a bit but
You say you have problems with a and b but due to you beings able to drive grip strength and past history you would not need help etc etc
so I have decided you do need help and have awarded points for a and b ?? Please help it make sense I think she just copied and pasted from the last letter and changed a word or two but never reread it
Sorry again for the long post I am getting very fraught
Also would it help if I asked the friend that acompanys me everywhere to write a letter ?
Many thanks
John
I do have a couple of questions I don t have any up to date medical letter partly due to not seeing medical people due to cancelled appointments ( them not me covid ) and partly due to covid restrictions and the subsequent ridiculous waiting lists
also doesn't help that the only Dr ( seen for 30 yrs) I am happy with now only does 1 day a week so the wait is even longer
But as my problems haven't changed for years eg arm and back will never get better unless a spine and arm transplant become avaliable
And my mental health has only got worse due to covid isolation
The nurse in the medical seems to have skipped adding any infomation about my mental problems just saying at the end that it doesn't amount to OPD but the last reveiw I had to go to tribunal about the exact same descriptors and I was in the room with the tribunal less than 2 min and they overturned it giving me 4 and 4 points for engaging and needing help on journey .also everytime I started to talk about mental issues she stopped me and said we will come back to that but never did
My question is can I use that tribunal outcome and past Dr's letters stating I need assistance to leave the house along with the transcript of what I told the nurse that she omitted from the report to prove I still have these problems until I can get to see my Dr
She has said I managed fine and can manage as medical interview in2018 what she omits is that both at medical interview and during phone call i had company as i couldnt cope without she even asked why my friend was with me i stated support as i would be a mess without and had not slept for 2 nights before call due to anxiety when I told her unless I have help I wouldn't go out
She states on the form that planning a journey isn't a problem as it isn't being outside that causes problems but mostly people that cause distress so does this mean I have to find a city /shop with no people in order to live ? I don't understand her logic I mean unless it's come to a " I am legend" last person alive type of thing how do I go out and use my past courier brain to find my way around if I am crippled with anxiety unless I have a familiar face for support( only2possibly 3 people will help my problems )
I am sorry for all the questions there are so many inaccuracies and omissions I am getting very confused
I looked at the desicion letter last night and a huge chunk of the reasons don't make sense I'm paraphrasing a bit but
You say you have problems with a and b but due to you beings able to drive grip strength and past history you would not need help etc etc
so I have decided you do need help and have awarded points for a and b ?? Please help it make sense I think she just copied and pasted from the last letter and changed a word or two but never reread it
Sorry again for the long post I am getting very fraught
Also would it help if I asked the friend that acompanys me everywhere to write a letter ?
Many thanks
John
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- Gary
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1 year 9 months ago #278779 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Mandatory recon
Hi Johninpain
As in my previous post you need to list all the inaccuracies with the assessors report, if you have any supporting evidence, even if it is old then use that to support your claim, I would definitely use your previous Tribunal decision letter along with old doctors supporting letters, I would explain why use are using old letters, appointments cancelled by specialist/doctor waiting list very long since Covid.
It would be a good idea for your friend to write a supporting letter as to what support they give you ..... and WHY
The why part is the important part, it needs to fit in with the descriptors, check out our guides.
Gary
As in my previous post you need to list all the inaccuracies with the assessors report, if you have any supporting evidence, even if it is old then use that to support your claim, I would definitely use your previous Tribunal decision letter along with old doctors supporting letters, I would explain why use are using old letters, appointments cancelled by specialist/doctor waiting list very long since Covid.
It would be a good idea for your friend to write a supporting letter as to what support they give you ..... and WHY
The why part is the important part, it needs to fit in with the descriptors, check out our guides.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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