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Mandatory reconsideration decision.

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1 year 7 months ago #280154 by Gary
Replied by Gary on topic Mandatory reconsideration decision.
Hi Flipeteeflop

When you set out your appeal, you need to explain what you are appealing and Why, the why part is the important part.

In my submission, I set out what the assessor has awarded then line below I set out what I believe should be awarded and then I set out why and try and tie it in with any supporting docs.

If any of the questions you agree with the assessor then write you agree with the assessor.

and work your way through the questions, there is no rightway of doing a submission, I try and make it easy for the tribunal to follow, over time I have changed my style.

Once you have submitted your appeal, you will receive a bundle of documents, go through the bundle to check that all the documents you sent in are listed, if any are missing you can add it to the bundle by send the documents to HMCTS.

Gary

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1 year 7 months ago #280174 by Flipeteeflop
Replied by Flipeteeflop on topic Mandatory reconsideration decision.
I see.
Then i think the 36 page MR did that.
I went through what issues there were with the decisikn makers decision
then what issues were in the assessors report.
I then laid out each task and what i was awaeded in the past, what i was awarded at review and what i thought it should be.

Is there a way i could get someone to review this and tell me if i need to amend in any way?

Ive finally gotten theough to the CAB, who have no funding for benefit agents. They sent me to the council, who obviously do not deal with it. So i am back to square one in regards to not knowing if i am missing this out or doing things wrong.

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1 year 7 months ago #280180 by BIS
Replied by BIS on topic Mandatory reconsideration decision.
Hi Flipeteeflop

If you can't get help from the CAB or council, you will probably just have to rely on what you've done in the MR. It sounds as if you've been very thorough and gone through every point. Remember, there is no one who knows your condition/s and how they impact you better than you. Many people send in their appeals without any help, and the Tribunal understand that. They don't expect them to be perfect, and they do their best with whatever claimants submit. They also have an understanding of the claimant's medical conditions, which the health professionals (assessors) often don't. I know you keep worrying about whether you have done it 'right', but there isn't a 'right' way of doing it. You have tried to show how your condition impacts your daily living and mobility and have said where you disagree with the assessor. There's nothing more for you to do.

BIS

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1 year 7 months ago #280229 by Flipeteeflop
Replied by Flipeteeflop on topic Mandatory reconsideration decision.
Thank you BIS.
After a frantic few days of calling eveyone i can think of to help within a 50 mile radius of the house, i have now found someone who will represent me at tribunal.
I realise i am not a rare case, but i knownthe odds of me being well enough to be able to turn up on the day are slim, let alone having the cognition to represent myself, hence why i feel i need support. On top of lacking ability to work to tight deadlines with conditions that dont play ball, especially when stressed.

I have been told to resumbmit the 36pages as my tribunal appeal just as you all say, and know that i then have the submission in on time.

Thanks again

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1 year 7 months ago #280236 by BIS
Replied by BIS on topic Mandatory reconsideration decision.
Hi Flipeteeflop

I'm so glad to hear that you have someone to represent you at the Tribunal. That is good to hear and hopefully will lessen some of your worries about it. And I'm glad they agreed you should submit your MR submission. Don't worry that they won't read it - they will - all of the 36 pages. I really hope you and your rep gain a successful outcome for you.

BIS

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1 year 7 months ago #280259 by Gascar
Replied by Gascar on topic Mandatory reconsideration decision.
I'm not an expert, just a (partly) successful PIP claimant!
I discovered, too late, that my S.I.L was employed for many years by the CAB to present at tribunals, for claimants. :rolleyes:
She pointed out that tribunals are expensive, but not to you. They cost thousands. The Tribunals don't resist for the hell of it, which the assessors seem to. If you read some of the Upper Tribunals' comments in the case law records (via Pipinfo.net) you'll see they can be scathing about the lower judgments - something not read, or something not replied to, makes them go round again, which they obviously find annoying. I (accidentally) called the tribunal service, and chatted for a while. Lady said it was much more rigorous than the assessor stages, and it was common for things to go round and round. All free to you, remember. So if you don't get sensible answers, I'd make it clear you will push on.

If you can give a compelling statement from a/(some) health professional(s), such as, just as an example: "This patient is not safe to try to walk 20m as they are liable to fall, as they have done causing injury", from your GP, then the Mobility part is case closed. They wouldn't need to read any more because you're going to win! Time saved!
It could be argued that someone like a GP might not know enough about how you manage some things at home, but a statement like the one above ( to the assessors) got me higher rate Mobility, quickly.

I was also short of time (as you were) because they post so slowly, so I phoned them (it was actually AFTER the deadline had passed) and said I was getting a medical report, which would maybe take a couple of weeks, what with comms to and from the GP. I didn't quite have it by the time they called to chase it, so were quite happy to wait another week for it. Don't be rushed, call them!
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