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Risks of mandatory reconsideration

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8 years 2 months ago - 8 years 2 months ago #151852 by Richard23
Risks of mandatory reconsideration was created by Richard23
Hi
Could anyone advise on the risks of undertaking a mandatory review.

Are there figures available on the percentage that fail and original awards lowered or even cancelled all together..

Although I understand a previous award can be reduced or even cancelled completely does this actually happen in practice.

I have been awarded lower rate mobility purely on the basis that it was apparently 23 metres from the waiting room to the ASOS health professional. I was using a stick as normal and he observed I walked slowly and had to steady myself on a desk as I walked through.

This 20 metres rule is a farce as most of us will in nearly all circumstances be able to walk that extra 2/3 metres when we can see the destination just in front of them.

My problem with walking is balance and a real risk of falling from a condition known as Brown Sequard. I have no spatial awareness and have no feeling in one leg. I trip and fall on a regular basis. Unless I watch my feet closely I have no idea where they are!!

Consequently my problem is safety even if I only walk a couple of metres if the ground is in anything other than flat.

So can anyone enlighten me on what the rules say about what you have to be able to do re walking? I thought I read somewhere that safely and within a reasonable time are two factors. Is that the case?

A last question, thanks for reading so far, is can you withdraw a request for reconsideration.
I don't want to risk what i have been offered even though i feel pretty certain i would win on appeal.

Really grateful for any advice.
This website is a fantastic help and my thanks to all who work so hard maintaining it.
Richard23
Last edit: 8 years 2 months ago by slugsta.

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8 years 2 months ago #151860 by slugsta
Replied by slugsta on topic Risks of mandatory reconsideration
Hi richard and welcome to the forum. On the assumption that you are also new to the site, this link should help you find your way around.

Welcome to Benefits and Work

I'm sorry you are going through this. The 20m descriptor is brutal and clearly meant to reduce the benefits bill :angry:

I don't know the actual figures for people who have their award reduced or removed at MR. It is not common - but it does happen, as some of our members will attest :(

You can withdraw a MR request at any time before a decision has been made. The problem being that there is no specific timescale for this - some people have waited months while others have been notified of the new decision within days! The MR decision is appealable.

You are quite right in saying that you should be able to undertake an activity reliably, safely, in a timely manner and more than half the time in order to be judged able to perform it at all. This is covered in some detail in our PIP guide, so I suggest you have a look.

PIP help for claimants

If you have further questions regarding your PIP claim, please reply to this message and we will do our best to reply. It is a big help to us - and you - if all queries relating to the same subject are kept in one place. You will find it easily in future if you bookmark/favourite it on your web browser now. Thank you in anticipation of your co-operation :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 2 months ago #151874 by Richard23
Replied by Richard23 on topic Risks of mandatory reconsideration
Many thanks for your reply. It is very helpful and I will follow all your advice.
I have a doctors appointment tomorrow to request a letter from him to be presented for the mandatory review.
I read somewhere that it is best to keep the number of points contested to a minimum. I have 3 so I will have to decide what course to follow.
I will give an update as things progress.
Thanks again for all your efforts on everyone's behalf.

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8 years 2 months ago #151882 by slugsta
Replied by slugsta on topic Risks of mandatory reconsideration
Hi Richard - contest as many points as you like. DWP cannot consider them if you have not pointed them out! However, don't forget that your aim is to show that you meet the criteria for PIP, rather than simply rubbishing the report.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 2 months ago #152678 by Richard23
Replied by Richard23 on topic Risks of mandatory reconsideration
I have just posted the paperwork for the mandatory reconsideration. I have followed your advice and pointed out all the points I feel are unreasonable. As I had been on top DLS rating I never thought I would have a problem with PIP. How wrong I was. I made the mistake of keeping my original application very basic and returned it with only minimum detail. Big mistake. Everyone should take note.
Anyway having now done everything in detail and got a very comprehensive letter from my GP I am confident that I will get what I am sure I am entitled to.
Fingers crossed. I will report back with any news.

The moral here is don`t take anything for granted and be comprehensive with answers. Also get as much medical evidence as you are reasonably able.
Richard
The following user(s) said Thank You: Gordon, Jasmine357

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8 years 1 month ago #153932 by Richard23
Replied by Richard23 on topic Risks of mandatory reconsideration
Thanks to everyone involved with B and W and to all those who offer such helpful advice.

I found out yesterday that within 3 days of requesting a mandatory reconsideration of my award that I was granted PIP higher rate motobility.

I had a car with DLA but was told initially that I was only eligible for the lower rate on changing to PIP.

Three days only needed to reassess suggests to me that they are trying so hard to turn people down on the flimsiest of excuses. They had originally turned me down because they decided I could walk 23 meters!

The moral has to be that everyone should take their time and work through this website and take on board all the advice given.

Then just keep persisting (as long as you are genuinely entitled) and hopefully you will succeed in getting the help you are fully entitled to.

Thanks everyone and good luck with your personal requests for assistance.
Richard
The following user(s) said Thank You: slugsta, Rowena

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