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Mandatory Reconsideration - Worth it?
- jpg2502
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4 years 11 months ago #230703 by jpg2502
Mandatory Reconsideration - Worth it? was created by jpg2502
I received my decision and its 11 points for daily living and 0 for mobility.
Theres no way I could cope with a tribunal, so I am just wondering if its worth going through with a MR as there are a couple of areas where I feel I should have scored higher, thus taking me from standard to enhanced daily living.
Also in relation to mental health and mobility, can you confirm how one would score here?
I was under the impression that not being able to go on ANY unfamiliar journey would score you some points. A letter from my therapist backed up that I cannot make an unfamiliar journey at all but I scored zero so perhaps I have misunderstood this somewhere?
I understand most MR fail, so should I just accept the standard daily living or give it a go.
Theres no way I could cope with a tribunal, so I am just wondering if its worth going through with a MR as there are a couple of areas where I feel I should have scored higher, thus taking me from standard to enhanced daily living.
Also in relation to mental health and mobility, can you confirm how one would score here?
I was under the impression that not being able to go on ANY unfamiliar journey would score you some points. A letter from my therapist backed up that I cannot make an unfamiliar journey at all but I scored zero so perhaps I have misunderstood this somewhere?
I understand most MR fail, so should I just accept the standard daily living or give it a go.
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- Gordon
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4 years 11 months ago #230710 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration - Worth it?
JAy
If you are sure that you understand the criteria you would need to meet to score higher and you are reasonably sure that you have shown that you meet it then consider an MR.
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
I would not worry about an appeal at this stage, just concentrate on the 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.
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
If you are sure that you understand the criteria you would need to meet to score higher and you are reasonably sure that you have shown that you meet it then consider an MR.
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
I would not worry about an appeal at this stage, just concentrate on the 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.
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
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