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Mandatory Reconsideration Request
- Nellie R
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8 years 9 months ago #138103 by Nellie R
Mandatory Reconsideration Request was created by Nellie R
Please can you advise me where the HP would have input details on a typical day on a PIP medical report. The report I received is so vague it just skirts by what information I gave and not in any detail . I am at stage 4 breast cancer in the bones and by my choice have cut down my pain tablets as they made me very disorientated , the HP has said I'm on a low dose, under office use on,y she has noted Malignant disease / Breast cancer no mention that I have secondary breast cancer in the bones, she said I walked her to the door with no problem, I never left my seat, feel very upset by her report, but not sure how to address it?
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- Gordon
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8 years 9 months ago #138116 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration Request
Nellie
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
You don't actually say what the result of your PIP claim was, but I assume that you did not get an award.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
You also need to consider points that are related to you limitations and those that are not, for example you mention that the assessor has not included information about your secondary cancer, if this contributes to your problems then this is an important omission and should be raised with the DM, however, if it does not significantly worsen your ability to carry out the PIP activities then whilst I would still mention it is unlikely that it will contribute to your scoring points.
Finally, the PIP activities must be done reliably and for the majority of days for you not to score points. Reliably means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
This is explained in more detail in the PIP Claim guide.
I would sit down with your PIP2 form, the assessment report and our PIP Claim guide (same link as above) to see how you can explain your limitation better and to deal with the assessors assumptions.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
You don't actually say what the result of your PIP claim was, but I assume that you did not get an award.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
You also need to consider points that are related to you limitations and those that are not, for example you mention that the assessor has not included information about your secondary cancer, if this contributes to your problems then this is an important omission and should be raised with the DM, however, if it does not significantly worsen your ability to carry out the PIP activities then whilst I would still mention it is unlikely that it will contribute to your scoring points.
Finally, the PIP activities must be done reliably and for the majority of days for you not to score points. Reliably means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
This is explained in more detail in the PIP Claim guide.
I would sit down with your PIP2 form, the assessment report and our PIP Claim guide (same link as above) to see how you can explain your limitation better and to deal with the assessors assumptions.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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