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Mandatory Reconsideration
- Anna
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5 years 10 months ago #232799 by Anna
Mandatory Reconsideration was created by Anna
Is there any info on here re: MR and mobility review because of mental health. I’ve been reviewed by DWP in view of the new legislation and still don’t meet the criteria. I can apply for MR but can only find detailed info on appeal procedure on here.
Thanks.
Thanks.
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- BIS
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5 years 10 months ago #232800 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Mandatory Reconsideration
Hi Anna
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.
There is also a guide called PIP Mandatory Reconsideration and Appeal Submissions and you will find sections on specific conditions including mental health issues. This can be found with the other member's guides.
BIS
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.
There is also a guide called PIP Mandatory Reconsideration and Appeal Submissions and you will find sections on specific conditions including mental health issues. This can be found with the other member's guides.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Anna
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5 years 10 months ago #232804 by Anna
Replied by Anna on topic Mandatory Reconsideration
Thank you. It’s not a review that you would normally have, but a letter saying they’ve looked at my previous assessments in relation to the new legislation on mobility and mental health. Should I ask for all previous assessment forms? Also, is there a legal definition of “overwhelming psychological distress” anywhere?
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- BIS
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5 years 10 months ago #232808 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Mandatory Reconsideration
Hi Anna
Sorry - I misunderstood your first post. You can ask for them but they may not send them, because they may deem you can not challenge their decision.
You can read about the three cases that brought about the change in the law (if you haven't already)
www.gov.uk/administrative-appeals-tribun...p-2016-ukut-0531-aac
For a definition of psychological distress - www.benefitsandwork.co.uk/personal-indep...ychological-distress
BIS
Sorry - I misunderstood your first post. You can ask for them but they may not send them, because they may deem you can not challenge their decision.
You can read about the three cases that brought about the change in the law (if you haven't already)
www.gov.uk/administrative-appeals-tribun...p-2016-ukut-0531-aac
For a definition of psychological distress - www.benefitsandwork.co.uk/personal-indep...ychological-distress
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Ellen
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- Anna
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5 years 10 months ago #232873 by Anna
Replied by Anna on topic Mandatory Reconsideration
Thank you. They’ve already said I can do the MR, which I’ve logged by phone, and now will follow up with evidence.
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- Ellen
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5 years 10 months ago #232885 by Ellen
Replied by Ellen on topic Mandatory Reconsideration
You said that the DWP had reviewed you in regard to the new legislation on mobility - I'm just curious as to know if they contacted you out of the blue, or if you asked for a review? Or was it just a normal PIP review ?
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