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A reasonable case for mandatory reconsideration?
- JonnyFontaine
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5 years 1 month ago #228041 by JonnyFontaine
A reasonable case for mandatory reconsideration? was created by JonnyFontaine
In 2017 I was awarded PIP at the higher rate for Personal Care (13 points total score) and the standard rate for mobility (8 points). Last November I applied again and yesterday I received a letter saying I will now get standard for Personal Care (11 points) and enhanced for mobility (12 points). I have a progressive neurological condition, Friedrich's Ataxia, and I can no longer set foot outdoors without using a wheelchair. Therefore, they had no choice but to award me the higher rate for mobility. R.e the reduction in my PC award, this does not make sense. Firstly, I have a progressive disease so how can my PC needs have got less serious.?Secondly, this time they deducted 2 points from Section 4 (Preparing Food) (in Jan 2017 I scored 2 points and this time 0) but I wrote exactly the same paragraphs for sections 3 and 4 in both application forms and as far as I remember I said the same things in my person to person consultations. I appreciate that it's difficult for anyone else to comment without knowing more details but does it sound like a reasonable case for mandatory reconsideration?
Apologies for the long email.
Apologies for the long email.
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- Gordon
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5 years 1 month ago #228051 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic A reasonable case for mandatory reconsideration?
J
Which form did you complete this time, an AR1 Review form or a new PIP2?
What did you score the two points for, there are three Descriptors that score this?
It's likely that the new assessor has taken a different view than the first, there are lots of reasons why this might have happened from your not explaining your problems in sufficient depth if it was an AR1 to the assessor interpreting them differently this time.
It's definitely worth your considering an MR.
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
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
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.
Gordon
Which form did you complete this time, an AR1 Review form or a new PIP2?
What did you score the two points for, there are three Descriptors that score this?
It's likely that the new assessor has taken a different view than the first, there are lots of reasons why this might have happened from your not explaining your problems in sufficient depth if it was an AR1 to the assessor interpreting them differently this time.
It's definitely worth your considering an MR.
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
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: JonnyFontaine
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