× Members

Mandatory Reconsideration Help

More
8 years 3 months ago #183406 by DJ
Mandatory Reconsideration Help was created by DJ
Ok so we got my partners decision today and I already have a copy of the report. I'm not at all happy with either of them. The whole decision was based on the assessor's report and the actual evidence appears to have been overlooked. The majority of the assessors report was inaccurate. I attended the assessment with him so I know what happened and it does not match what she's written. What I really don't understand is that his ESA was done by a psychiatric nurse and she didn't even need to see him to put him into Support Group but his PIP assessment was done by a registered nurse who in my opinion appears to have no knowledge or understanding of mental disabilities. They keep mentioning that she picked up no problems in the mental examination but she never did one so I don't understand that.

I've rang them today and registered our request for a mandatory reconsideration but I know now that I need to get started and put everything together for it. What exactly do I need to do? How do I write the letter etc? I've given them all the evidence we have to hand so I don't know what else I could send them.

Please Log in or Create an account to join the conversation.

More
8 years 3 months ago #183425 by Gordon
Replied by Gordon on topic Mandatory Reconsideration Help
DJ

Although you have rung the DWP to request an MR, I would follow this up in writing to the office that dealt with her claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has 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 she meets the criteria, there are many reasons she 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.

I'm afraid you cannot assume that the assessor was unqualified to review your partner's claim, it may well be that they were but you must show this by citing examples from the report in terms of diagnosis, symptom or limitation, that an assessor with more specific training would not have confused. But be aware, the most likely result of showing that the report is unfit for purpose is that a new assessment will be ordered, this may be more accurate but still not supportive of an award, actually making your task harder.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: DJ

Please Log in or Create an account to join the conversation.

More
8 years 3 months ago #183445 by DJ
Replied by DJ on topic Mandatory Reconsideration Help
I've only put in a request and was advised by the person on the phone to do it all in writing. I'm working on that but struggling to put it together. I feel like anything I put in the letter will just be a copy or repeat of whats already on the form.

I'm not to sure what you mean? Do you want me to list what I disagree with in the report or the overall descriptors?

Please Log in or Create an account to join the conversation.

More
8 years 3 months ago #183461 by Gordon
Replied by Gordon on topic Mandatory Reconsideration Help

DJ wrote: I've only put in a request and was advised by the person on the phone to do it all in writing. I'm working on that but struggling to put it together. I feel like anything I put in the letter will just be a copy or repeat of whats already on the form.

I'm not to sure what you mean? Do you want me to list what I disagree with in the report or the overall descriptors?


To receive an award she needs to show that she meets the criteria for one, so I would recommend that you go through her PIP2, the assessment report and the PIP Claim guide to make sure that you have shown this to be the case.

Some of the Descriptors have multiple elements and she needs to meet all of them to score the points. Also treat them as they are written a common mistake is to try and re-interpret what they mean, this is rarely successful.

Have you made effective use of "reliably" and "on the majority of days"?

Gordon

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

Please Log in or Create an account to join the conversation.

Moderators: GordonlatetrainBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid