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what to say in Mandatory Reconsideration request ?

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7 years 8 months ago #167055 by boolybooly
I have just received the assessors report and it is factually innaccurate and garbled in places to the point it makes no sense.

I am not surprised at the decision given this report.

The biggest mistake in the statement of reasons is that the decision maker didnt take into account the reliability criteria when considering informal observations, I have ME CFS. The assessment knocked me flat for a week and it took 5 weeks to recover, but it was extrapolated to assess my everyday ability incorrectly.

When asking for a Mandatory Reconsideration (MR) should I itemise all the things that are wrong with the assessors report? There are so many. Will they even take any notice or am I wasting my time?

Should I try to explain the mistake made in failing to apply the reliability criteria ?

This assessment process is a travesty. I fully expect to have to go to appeal.

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7 years 8 months ago #167102 by slugsta
You will probably have to refute certain things in the assessor's report. However, doing so will not, in itself, gain you an award. You will only do this by showing how and why you meet the specific descriptors. This is where you should concentrate your time and effort, rather than arguing every point with which you disagree.

By all means point out that you do not believe the reliability issue has been properly considered.

Our guides explain the MR process in more detail.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 8 months ago #167187 by boolybooly
Thanks for your reply, I understand what you say and have focussed on pointing out how the FME proved my situation.

I think I do have to show that using informal observation to justify setting the FME aside and essentially ignoring it is not proper. So used arguments of variability of my condition and reliability criteria.

I was confused and unable to process the assessor report at first but it wasnt as bad as I thought and the real issue is with the decision and informal observations to deny things which they cannot reasonably or logically be used to deny.

Too tired to worry any more.
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