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PIP mandat recon - wait for copy of assess report?
- Peter G
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5 years 11 months ago #231677 by Peter G
PIP mandat recon - wait for copy of assess report? was created by Peter G
Hi. I have questions regarding whether to wait for a copy of a PIP assessment report before submitting a mandatory reconsideration request.
My son has suffered from fibromyalgia/ CFS since 2012. He was also diagnosed with chronic anxiety in 2017. He recently had a PIP re-assessment, which reduced his total 2016 award from 15 points for daily living and 12 for moving around to 0 and 4 points respectively. The decision-maker’s letter makes us think that the assessor did not appreciate the severity of his condition, from her evaluation of his demeanour. The letter also includes one wholly inaccurate statement.
We are going to request a mandatory reconsideration and we are prepared to go to tribunal with representation if necessary. We have only just realised that we are entitled to see the assessor’s report. I have requested it today, and have been told it should arrive in 7-10 days.
Having the report would enable me to present better arguments in my mandatory reconsideration letter. But we have only 13 days left before the deadline for submitting the mandatory reconsideration request.
If the assessment report doesn’t arrive in time, I will obviously submit the reconsideration request anyway. But I still have the following questions:
- In general, how important is it to present detailed arguments when requesting a mandatory reconsideration request?
- We want to move this forward as soon as we can. Should we just submit the request now?
- I understand we are allowed to present additional medical information within a month after submitting the reconsideration request. Are we also allowed to submit more detailed arguments within that one-month period, without additional medical information? And how relevant is it to provide detailed arguments – does it even get considered by the decision-maker carrying out the mandatory reconsideration?
Many thanks in advance.
My son has suffered from fibromyalgia/ CFS since 2012. He was also diagnosed with chronic anxiety in 2017. He recently had a PIP re-assessment, which reduced his total 2016 award from 15 points for daily living and 12 for moving around to 0 and 4 points respectively. The decision-maker’s letter makes us think that the assessor did not appreciate the severity of his condition, from her evaluation of his demeanour. The letter also includes one wholly inaccurate statement.
We are going to request a mandatory reconsideration and we are prepared to go to tribunal with representation if necessary. We have only just realised that we are entitled to see the assessor’s report. I have requested it today, and have been told it should arrive in 7-10 days.
Having the report would enable me to present better arguments in my mandatory reconsideration letter. But we have only 13 days left before the deadline for submitting the mandatory reconsideration request.
If the assessment report doesn’t arrive in time, I will obviously submit the reconsideration request anyway. But I still have the following questions:
- In general, how important is it to present detailed arguments when requesting a mandatory reconsideration request?
- We want to move this forward as soon as we can. Should we just submit the request now?
- I understand we are allowed to present additional medical information within a month after submitting the reconsideration request. Are we also allowed to submit more detailed arguments within that one-month period, without additional medical information? And how relevant is it to provide detailed arguments – does it even get considered by the decision-maker carrying out the mandatory reconsideration?
Many thanks in advance.
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- Gordon
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5 years 11 months ago #231706 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP mandat recon - wait for copy of assess report?
Peter
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
There is no advantage to moving the MR forward as soon as you can.
As you have requested the report I would wait for it, it will help you understand how the Decision was made and to make specific arguments in your MR request.
If the report does not arrive in time then you can either submit the request within the month normally allowed or make a Late request citing delays in receiving the report. A Late request can be refused by the DWP although I have never seen this happen you would still be able to carry on to appeal.
In your MR request, you can ask for more time to provide additional information, the DWP should give you 28 days to do this, this includes postage time. If you do ask for the time confirm that it has been allowed.
Can I turn your last question around, why would you not make detailed arguments in the MR, with appeal times of a year, you should be aiming to get the Decision revised by the MR if at all possible.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
There is no advantage to moving the MR forward as soon as you can.
As you have requested the report I would wait for it, it will help you understand how the Decision was made and to make specific arguments in your MR request.
If the report does not arrive in time then you can either submit the request within the month normally allowed or make a Late request citing delays in receiving the report. A Late request can be refused by the DWP although I have never seen this happen you would still be able to carry on to appeal.
In your MR request, you can ask for more time to provide additional information, the DWP should give you 28 days to do this, this includes postage time. If you do ask for the time confirm that it has been allowed.
Can I turn your last question around, why would you not make detailed arguments in the MR, with appeal times of a year, you should be aiming to get the Decision revised by the MR if at all possible.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Peter G
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- Ellen
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5 years 11 months ago #231718 by Ellen
Replied by Ellen on topic PIP mandat recon - wait for copy of assess report?
I agree with Gordon ( and he knows far more than most) make the MR as detailed and 'watertight' as you can.
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- Peter G
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5 years 11 months ago #231738 by Peter G
Replied by Peter G on topic PIP mandat recon - wait for copy of assess report?
Gordon,
By the way, thanks for highlighting tribunal wait times, hadn't realised they were so long.
To answer your last point - we spoke to a solicitor who specialises in this area, and he recommended not to make the reconsideration submission too lengthy, because he had found very long submissions often don't get the attention they deserve. Although he wasn't prescriptive, we got the impression he thought 2-4 pages might be best.
Do his comments on lengthy submissions fit with your own experience?
Do you have a view on a sensible min/ max length?
Peter
By the way, thanks for highlighting tribunal wait times, hadn't realised they were so long.
To answer your last point - we spoke to a solicitor who specialises in this area, and he recommended not to make the reconsideration submission too lengthy, because he had found very long submissions often don't get the attention they deserve. Although he wasn't prescriptive, we got the impression he thought 2-4 pages might be best.
Do his comments on lengthy submissions fit with your own experience?
Do you have a view on a sensible min/ max length?
Peter
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- Gordon
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5 years 11 months ago #231741 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP mandat recon - wait for copy of assess report?
Peter
You need to distinguish between detailed and lengthy, the two do not have to go hand in hand.
Deal with the issues that lead to you scoring points and ignore those that do not.
Be brief but make your point.
Make sure that you lay out your MR in a simple to understand format, bullet points for example.
Ultimately, the content is more important than the length of the document.
Gordon
You need to distinguish between detailed and lengthy, the two do not have to go hand in hand.
Deal with the issues that lead to you scoring points and ignore those that do not.
Be brief but make your point.
Make sure that you lay out your MR in a simple to understand format, bullet points for example.
Ultimately, the content is more important than the length of the document.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Peter G
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