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How do you start a Mandatory reconsideration ?
- fastmoggy
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5 years 7 months ago #220351 by fastmoggy
How do you start a Mandatory reconsideration ? was created by fastmoggy
Hi, After managing to get a PA4 report we were horrified to see that the 'nurse' not a physio therapist who did the assessment mentions she refused to touch her feet which is a blatant misrepresentation and neglect's to mention she is unable to do so due to a balance and spinal issues as mentioned in consultants reports. Obviously this may cause the decision maker to deduct points from the mobility activities, planning and following a journey also has inconsistences from what was said at the interview.
Because of this I think we may need to instigate a Mandatory reconsideration but need to know how we go about this,
Im asking in advance of the decision makers 'decision' so we can hit the 'ground' running'
Were hoping this isnt the case but given past experiences challenging thier deciison is becomming second nature and very unfair! as getting to a tribunial is now 'effectively' being blocked/slowed down by having to jump through yet another hoop.
Thanks for any replies on this matter
Because of this I think we may need to instigate a Mandatory reconsideration but need to know how we go about this,
Im asking in advance of the decision makers 'decision' so we can hit the 'ground' running'
Were hoping this isnt the case but given past experiences challenging thier deciison is becomming second nature and very unfair! as getting to a tribunial is now 'effectively' being blocked/slowed down by having to jump through yet another hoop.
Thanks for any replies on this matter
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- Gordon
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5 years 7 months ago #220374 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic How do you start a Mandatory reconsideration ?
Fastmoggy
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, 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 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.
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
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, 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 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.
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: fastmoggy
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