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Mandatory reconsideration decision letter
- Margaret
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1 week 3 days ago #296693 by Margaret
Mandatory reconsideration decision letter was created by Margaret
I have received my mandatory reconsideration decision letter (about 2 weeks after it was posted).
About three quarters of the ‘my decision’ defines general things like what supervision, aid prompting etc. without any reference to my evidence or any part of the claim. I already know these definitions. The rest just said we have ‘reviewed the evidence and agree with the original decision’ even though I gave them extra evidence to review. They did not give any reasons at all specific to me so I find it difficult to challenge. It feels like they did not even read the extra evidence that I sent in with my request for a mandatory review, even though I have now been put on pain medication, more physiotherapy and been sent for for an 1hour long mri scan due to a fall earlier this year within 10metres of my chair. I previously fell and broke my ankle within a couple of metres of my chair, so I am not safe walking any distance. I have hospital consultant letters highlighting my difficulties getting out of a chair, my foot drop, and listing my spinal conditions showing that I have severe peripheral nerve damage as well as Myelopathy, spinal stenosis, Cauda Equina and radiculopathy and sent evidence of my difficulties walking (falling, stumbling, slow speed, etc), but it has all been ignored. I showed how these relate to my daily life.
Do I just refer to all the evidence I sent in previously and pick out inconsistencies in the health professionals report. Do I need to refer them to case law?
About three quarters of the ‘my decision’ defines general things like what supervision, aid prompting etc. without any reference to my evidence or any part of the claim. I already know these definitions. The rest just said we have ‘reviewed the evidence and agree with the original decision’ even though I gave them extra evidence to review. They did not give any reasons at all specific to me so I find it difficult to challenge. It feels like they did not even read the extra evidence that I sent in with my request for a mandatory review, even though I have now been put on pain medication, more physiotherapy and been sent for for an 1hour long mri scan due to a fall earlier this year within 10metres of my chair. I previously fell and broke my ankle within a couple of metres of my chair, so I am not safe walking any distance. I have hospital consultant letters highlighting my difficulties getting out of a chair, my foot drop, and listing my spinal conditions showing that I have severe peripheral nerve damage as well as Myelopathy, spinal stenosis, Cauda Equina and radiculopathy and sent evidence of my difficulties walking (falling, stumbling, slow speed, etc), but it has all been ignored. I showed how these relate to my daily life.
Do I just refer to all the evidence I sent in previously and pick out inconsistencies in the health professionals report. Do I need to refer them to case law?
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- BIS
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1 week 3 days ago #296702 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Mandatory reconsideration decision letter
Hi Margaret
I'm sorry you find yourself in this position. Unfortunately, only 27% of Mandatory Reconsiderations are successful - so you are not alone in finding the process maddening, especially when you sent them extra evidence.
1. You can contact the DWP and ask them for a call back from a manager to explain the mandatory reconsideration decision. You are entitled to this - so don't let them say no! I understand you may not want to do this and obviously you should only do it if you can face it.
2.The next step is to put in for an Appeal. This could take up to a year! You can see how to do this in the Guide to Appeals. I also recommend looking at the Guide to Challenging a Medical Report. benefitsandwork.co.uk/guides-for-claimants/pip
3. Did they read what you sent in? Obviously, I can't say one way or the other - but in my view, the DWP and the various assessment services often think they have superior knowledge of the medical condition of someone they have never met and never treated over letters and evidence from medical professionals with years of experience, specialist qualifications and practice and knowledge of the claimant.
4. You can refer to case law in your appeal
5. Did you make a recording of your assessment? If you did and you want to use this in your evidence you will have to provide a transcript.
BIS
I'm sorry you find yourself in this position. Unfortunately, only 27% of Mandatory Reconsiderations are successful - so you are not alone in finding the process maddening, especially when you sent them extra evidence.
1. You can contact the DWP and ask them for a call back from a manager to explain the mandatory reconsideration decision. You are entitled to this - so don't let them say no! I understand you may not want to do this and obviously you should only do it if you can face it.
2.The next step is to put in for an Appeal. This could take up to a year! You can see how to do this in the Guide to Appeals. I also recommend looking at the Guide to Challenging a Medical Report. benefitsandwork.co.uk/guides-for-claimants/pip
3. Did they read what you sent in? Obviously, I can't say one way or the other - but in my view, the DWP and the various assessment services often think they have superior knowledge of the medical condition of someone they have never met and never treated over letters and evidence from medical professionals with years of experience, specialist qualifications and practice and knowledge of the claimant.
4. You can refer to case law in your appeal
5. Did you make a recording of your assessment? If you did and you want to use this in your evidence you will have to provide a transcript.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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