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Mandatory reconsideration

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1 year 8 months ago #279175 by gillyf
Mandatory reconsideration was created by gillyf
After a grueling couple of weeks preparing myself as an appointee for my relative, writing everything down ready for the video assessment it came and went in the blink of an eye leaving me feeling flustered and like I had under-represented the needs of said relative. The consultant was late starting and kept saying 'Is that all before we move on' and at the end said she was running behind leaving me feeling like it was my fault for wanting to reiterate certain points!

The award has come through at the same level and for a longer amount of time for the mobility award however, I feel the DWP report has made assumptions in five areas where I believe the points should be higher which would give an award for daily living. In particular not having any input from the Community Mental Health team. It's not needed because I give all the necessary support and funding took away the social worker we had many years ago and have tried to engage with other services over the years but found there was nothing suitable.

I can't provide more evidence as all i have is the very initial diagnosis from many years back which DWP already know about.

As there has been no award shall i fill in the MR form stating what the person cannot do for each area and give examples of daily difficulties?

Any advice would be gratefully received.

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1 year 8 months ago #279179 by BIS
Replied by BIS on topic Mandatory reconsideration
Hi gillyf

First thing you want to do (if you haven't already) is get hold of the PA4 - which is the assessor's report and will detail where the points were scored and what their thinking was.

As well as looking at the Guide to PIP Appeals (which includes the information for Mandatory Reconsiderations), I would also suggest that you look at The Best Possible Way to Challenge a Medical Report benefitsandwork.co.uk/guides-for-claimants/pip, (Scroll down the page to find these). These documents will guide you through the best way to tackle this and how to answer the questions. Don't just argue that they made wrong assumptions, take a point and show what you think your relative should have scored.

There are two additional things that I would suggest. I don't know exactly what sort of wording you are using, but you should be saying that your relative does need support from the Community Mental health team, but nothing suitable is available. Therefore you do the best you can, but you're not an expert! In reality, I know you are, and you manage fantastically and save the state a huge amount of money - but from the PIP point of view - you're almost negating the help your relative would need if you weren't available. So describe how you have looked for suitable services and yet they are not available.

The second thing is to include letters from anyone else who has observed your relative's difficulties that cover any of the PIP criteria. Even include one yourself if you haven't.

Do come back if you have any further questions and we will try and help.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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