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Feeling uneasy about support with pip application
- Chlorinated
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Btw if I request a telephone explanation/written explanation of reasons, is it acceptable for me to specifically request more detail on what specific things made up the decision on walking or do I have to just request all the papers e.g. assessors report and see figure out what information is relevant?
Thanks
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- Gordon
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Amonia wrote: Btw if I request a telephone explanation/written explanation of reasons, is it acceptable for me to specifically request more detail on what specific things made up the decision on walking or do I have to just request all the papers e.g. assessors report and see figure out what information is relevant?
Thanks
It is extremely unlikely that there will be any more information, in addition to your own documentation there will be the assessors report and any reports that the Assessment Provider sought from your GP or Consultants, you should have already received the Decision Maker's Statement of Reasons with the Decision Letter.
Gordon
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- Chlorinated
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With regards to not getting the higher points for planning and making journeys, assessors are incorrectly excluding mentally ill people from scoring 11d) due to incorrect dwp guidance.
1. When doing a mandatory reconsideration, is it likely the new assessor will overturn it or are they likely to follow the same guidance and hence one shouldn't expect a change and this can only be resolved at appeal stage?
2. Would you recommend arguing that the descriptors apply to mental health or debating interpretation issues at reconsideration stage or appeal stage only since its very unlikely to be overturned in the former?
thanks
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- Chlorinated
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thanks.
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- Gordon
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Amonia wrote: Hi
With regards to not getting the higher points for planning and making journeys, assessors are incorrectly excluding mentally ill people from scoring 11d) due to incorrect dwp guidance.
1. When doing a mandatory reconsideration, is it likely the new assessor will overturn it or are they likely to follow the same guidance and hence one shouldn't expect a change and this can only be resolved at appeal stage?
2. Would you recommend arguing that the descriptors apply to mental health or debating interpretation issues at reconsideration stage or appeal stage only since its very unlikely to be overturned in the former?
thanks
1. We don't have any statistics for the revision rate at MR but our best guess is that it is around 10%, I could not quote any figure in respect to the scenario you post about, but would expect it to be significantly lower.
2. Whilst the DM will most certainly give the guidance significant weight, it is important to realise that it is not law and is not binding on them. If you don't present the argument then they cannot consider it.
It is worth noting that Descriptor (e) refers to "overwhelming psychological distress to the claimant" which is clearly related to mental health.
Gordon
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Amonia wrote: Do you know people who have requested mandatory reconsideration or done appeals and have been successful in gaining the higher points as a result of brining up guidance issues and applicability?
thanks.
Yes there have been successes in the forum based on the argument that "prompting" is not sufficient in regard the Going Out Descriptors.
I'm reasonably certain there was one last week reported in the forum if you want to have a look.
Gordon
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