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PIP Mandatory Reconsideration - Help please

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4 years 8 months ago #236189 by Tramelia
Hello
Please could someone help give me some advice. My Husband has recently been awarded PIP, he was given the standard rate (11 points) for the care side and Enhanced rate for Mobility. There were several inconsistencies in the initial Assessors Report, which followed over into the decisions makers report, one of which, where the Assessor stated that he was on no medication to treat anxiety, however, there was a letter from the doctor enclosed, stating that he did suffer with anxiety, and indeed, one of the medications that he is on, states that it does treat anxiety Because of these inconsistencies, my husband is thinking of going for a Mandatory reconsideration. However, I have read on the Benefits and Works site how low his chances for success are. He has spoken to the CAB, who again, has warned him that as the entire claim is looked at again, there is a good chance that his claim could go down, stay the same or go up(although unlikely). So with these thoughts in mind, we really do not know what to do. I realise we have to make the decision ourselves, but we were hoping that there may be some people on here that have gone through this Reconsideration process, and were wondering how they got on. Any help in this area would be gratefully received.

Many thanks
Tramelia

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4 years 8 months ago #236192 by BIS
Hi Tramelia

Inconsistencies in reports are always annoying, but one of the things you need to weigh up before making your decision is whether or not they make a difference to the PIP criteria and how your husband has been scored. For example if your husband is unable to prepare a basic meal because of his anxiety - lack of motivation, panicking with heat, unable to use sharp instruments. and yet he wasn't awarded points then you could decide to challenge it, but if the observation about him not taking medication is just a general one - albeit - totally incorrect - it won't make any difference to the overall points he has been awarded.

The CAB are right to advise you that it is a risk going for a mandatory reconsideration, but it is one that many people still take.

I have attached three examples of successful stories involving Mandatory Reconsiderations

www.benefitsandwork.co.uk/forum1/10-dla-...on-successful#225239

www.benefitsandwork.co.uk/forum1/10-dla-...ation-success#227629

www.benefitsandwork.co.uk/forum1/10-dla-...ation-success#233056

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 8 months ago #236200 by phrank
Replied by phrank on topic PIP Mandatory Reconsideration - Help please

Tramelia wrote: Hello
Please could someone help give me some advice. My Husband has recently been awarded PIP, he was given the standard rate (11 points) for the care side and Enhanced rate for Mobility. There were several inconsistencies in the initial Assessors Report, which followed over into the decisions makers report, one of which, where the Assessor stated that he was on no medication to treat anxiety, however, there was a letter from the doctor enclosed, stating that he did suffer with anxiety, and indeed, one of the medications that he is on, states that it does treat anxiety Because of these inconsistencies, my husband is thinking of going for a Mandatory reconsideration. However, I have read on the Benefits and Works site how low his chances for success are. He has spoken to the CAB, who again, has warned him that as the entire claim is looked at again, there is a good chance that his claim could go down, stay the same or go up(although unlikely). So with these thoughts in mind, we really do not know what to do. I realise we have to make the decision ourselves, but we were hoping that there may be some people on here that have gone through this Reconsideration process, and were wondering how they got on. Any help in this area would be gratefully received.

Many thanks
Tramelia


Hi Tramelia,

Just thought I'd post this to try to encourage you.

I've always put in for MR's in the past when a decision goes against me which I believe should have gone my way. Up until last year, I failed miserably every time.

I was pleading frantically trying to persuade the DWP that I should be entitled to whatever it was I was trying to get reinstated.

The point was, my MR's had no substance to persuade a decision to be overturned.

What I'm trying to say is: one of the reasons the MR success rate is so low is that, in my opinion, most of the appeals are the same as my failed attempts.

Last year I received zero points for everything on my PIP renewal assessment. This time I decided to do things a different way: I rigidly read all the relevant information in the guides on this site and applied this to my, this time successful, MR.

I received a total of 21 points in total. Higher mobility and lower care. This was exactly how things were before the assessment.

You need to pick out all the relevant points in an orderly fashion and then submit your MR.

I'm not saying this will guarantee sucess, but your chances will be greatly improved. The worse case scenario is an appeal and if it comes to that you've already done the leg work so to speak.

I know this is hard work emotionally and very stressful but worth it in my opinion.

I wish you the very best of luck.

Phrank.
The following user(s) said Thank You: SUE C C

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4 years 8 months ago #236201 by Tramelia
Replied by Tramelia on topic PIP Mandatory Reconsideration - Help please
My grateful thanks for your help.

Regards
Tramelia

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4 years 8 months ago #236212 by Tramelia
Replied by Tramelia on topic PIP Mandatory Reconsideration - Help please
Hello Phrank
Many thanks for taking the time to reply to my message. Your experience is encouraging to us, and we now feel with the help from both BIS and yourself, that we will probably go for the MR.
Kind Regards
Tramelia

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4 years 8 months ago #236233 by phrank
Replied by phrank on topic PIP Mandatory Reconsideration - Help please
Hi Tramelia,

Think nothing of it! My pleasure. The thing is apart from the guides on the site, I had lots of advice along the way from Gordon and other forum members. I felt really down, it almost broke me to be honest.

At the last count I'd phoned the PIP helpline almost 40 times over the three month period!

Anyway, best of luck and if you need any help this forum is invaluable.

Cheers,

Phrank.

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