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MR Has not changed award, do I go to tribunal or just leave it?
- paulcornwall
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3 days 8 hours ago #302086 by paulcornwall
MR Has not changed award, do I go to tribunal or just leave it? was created by paulcornwall
Hi, I could really use some advice.
My Mandatory Reconsideration has come back with no change to the original decision:
High rate for daily living, standard rate for mobility.
This is despite the fact that my mobility has significantly deteriorated, and my mental health has worsened. I received a text message at 9:40am to inform me of an upcoming call, which then took place at 10:10am. That gave me just 30 minutes’ notice. Given the time of day and my medication, I was feeling extremely groggy and unprepared.
During the call, I did my best to explain the issues I face – including severe memory problems caused by both PTSD and high-dose morphine. Still, it feels like none of that was properly taken into account.
I also noticed that the date of the call is incorrect on the paperwork. I'm not sure if this gives me any grounds to request that the decision be looked at again?
I’m now considering whether to appeal to tribunal, but I’m terrified with everything going on around PIP and government changes at the moment. That said, I genuinely believe I should have been awarded enhanced mobility. It’s especially frustrating that I didn’t even score 4 on any of the care components, despite all the information I provided – and all in the context of a light-touch review.
I’ve attached the MR decision for reference. Any professional advice or guidance on what I should do next would be hugely appreciated.
Thank you.
My Mandatory Reconsideration has come back with no change to the original decision:
High rate for daily living, standard rate for mobility.
This is despite the fact that my mobility has significantly deteriorated, and my mental health has worsened. I received a text message at 9:40am to inform me of an upcoming call, which then took place at 10:10am. That gave me just 30 minutes’ notice. Given the time of day and my medication, I was feeling extremely groggy and unprepared.
During the call, I did my best to explain the issues I face – including severe memory problems caused by both PTSD and high-dose morphine. Still, it feels like none of that was properly taken into account.
I also noticed that the date of the call is incorrect on the paperwork. I'm not sure if this gives me any grounds to request that the decision be looked at again?
I’m now considering whether to appeal to tribunal, but I’m terrified with everything going on around PIP and government changes at the moment. That said, I genuinely believe I should have been awarded enhanced mobility. It’s especially frustrating that I didn’t even score 4 on any of the care components, despite all the information I provided – and all in the context of a light-touch review.
I’ve attached the MR decision for reference. Any professional advice or guidance on what I should do next would be hugely appreciated.
Thank you.
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- BIS
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2 days 14 hours ago #302122 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic MR Has not changed award, do I go to tribunal or just leave it?
Hi paulcornwall
I'm sorry that you did not win your mandatory reconsideration. Only 27 of MRs are currently won by the claimant.
Unfortunately, the fact that there is a wrong date - doesn't give you any basis to ask them to look at the decision again. You are supposed to get a call and explain why your MR was not successful. The DWP often avoids these or says that they have tried to call (when they haven't), but you can always ring them and ask for a call back from a case manager. They often find it difficult to be put on the spot even when they are expecting it.
Your next possible action is to put in for an Appeal. If you are going to do that, you could also fight for higher scoring on the daily living if you think it should apply, especially as you say your condition has deteriorated. You have to do that within one month of the date on your MR letter.
BIS
I'm sorry that you did not win your mandatory reconsideration. Only 27 of MRs are currently won by the claimant.
Unfortunately, the fact that there is a wrong date - doesn't give you any basis to ask them to look at the decision again. You are supposed to get a call and explain why your MR was not successful. The DWP often avoids these or says that they have tried to call (when they haven't), but you can always ring them and ask for a call back from a case manager. They often find it difficult to be put on the spot even when they are expecting it.
Your next possible action is to put in for an Appeal. If you are going to do that, you could also fight for higher scoring on the daily living if you think it should apply, especially as you say your condition has deteriorated. You have to do that within one month of the date on your MR letter.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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