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Mandatory reconsideration
- mab
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5 years 6 months ago #239518 by mab
Mandatory reconsideration was created by mab
This morning I got my decision, standard care, no mobility. The very same post brought a letter from specialist nurse In support of claim, and specifically mentioning constant pain and restricted mobility. It just arrived very late.
What should I do? My inclination is to ask for mandatory reconsideration, but Could I jeopardise the standard care possibly?
The assessor said I could do 20 to 50, but not 50 to 100, or whatever the numbers are, enough to get me blue badge anyway, and i could jeopardise that possibly. Ironically losing the badge is my greatest fear, because of restricted mobility ( hollow laugh) you couldn’t make this up!
What should I do? My inclination is to ask for mandatory reconsideration, but Could I jeopardise the standard care possibly?
The assessor said I could do 20 to 50, but not 50 to 100, or whatever the numbers are, enough to get me blue badge anyway, and i could jeopardise that possibly. Ironically losing the badge is my greatest fear, because of restricted mobility ( hollow laugh) you couldn’t make this up!
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- Gordon
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5 years 6 months ago #239529 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration
mab
Forgive me but I am a little confused, at the beginning of your post you say that you have not received a mobility award but later on talk about receiving enough points for a Blue Badge which would suggest a Standard award?
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
Forgive me but I am a little confused, at the beginning of your post you say that you have not received a mobility award but later on talk about receiving enough points for a Blue Badge which would suggest a Standard award?
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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- mab
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5 years 6 months ago #239540 by mab
Replied by mab on topic Mandatory reconsideration
Thankyou, so sorry you are right! i will not automatically qualify for a blue badge. the assessor said I could walk more than 50, no more than 200. i said I could walk for 2 minutes at a slow pace before having to stop which equates to 80 metres. The assessor said i walked 25 metres from waiting room to assessment area with stick and dragging leg, but did not appear to he in significant pain. The very same post brought the letter from specialist nurse supporting my claim to restricted mobility and saying i am in constant pain. She also said I was stoical and managed my disability very well, ( how lovely is that) My problem is that I have the award of standard care for ten years. If I challenge I could lose everything. However the automatic right to a badge is so important. The nurse does say she would support claim to both PIP and blue badge application, so I guess I could rely on that and go through the anxiety of application every 3 years.
I understand I can ask just for the mobility component to be reassessed, and I do have the new evidence of course.but is it worth the risk!
I understand I can ask just for the mobility component to be reassessed, and I do have the new evidence of course.but is it worth the risk!
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- BIS
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5 years 6 months ago #239548 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Mandatory reconsideration
Hi Mab
Only you can decide whether it's worth the risk to apply for an MR. You can highlight the letter from someone who has known you for a significant period of time, rather than someone who has met you for an hour and a half. People do not always indicate they are in pain, particularly with a stranger - and the fact that the assessor said you were 'stoical' would seem to bear that out. So it's a point that is worth emphasising. One thing you can do - is put in for an MR (you can always withdraw it). You can also then apply to your council for your blue badge. If you're awarded the blue badge quickly you can always withdraw your MR - if there is a problem even getting the blue badge you may feel that you want to go ahead with the MR. (Hope that makes sense.) (No one will penalise you for withdrawing an MR)
BIS
Only you can decide whether it's worth the risk to apply for an MR. You can highlight the letter from someone who has known you for a significant period of time, rather than someone who has met you for an hour and a half. People do not always indicate they are in pain, particularly with a stranger - and the fact that the assessor said you were 'stoical' would seem to bear that out. So it's a point that is worth emphasising. One thing you can do - is put in for an MR (you can always withdraw it). You can also then apply to your council for your blue badge. If you're awarded the blue badge quickly you can always withdraw your MR - if there is a problem even getting the blue badge you may feel that you want to go ahead with the MR. (Hope that makes sense.) (No one will penalise you for withdrawing an MR)
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Meredith
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5 years 6 months ago #239557 by Meredith
Replied by Meredith on topic Mandatory reconsideration
Long (very long) story shortish ... two weeks ago I received my PIP letter, I was awarded nothing. Rang to say "really?" and was told that there might have been a glitch in the 'system' and they'd send me a new letter. Three days letter I got another letter, same result, zero award. Rang again and said "how can it be a zero award when the accompanying breakdown of points has sufficient points shown?" Spoke to a manager who apologised at least ten times during a five minute call and was told the computer system basically ****ed up and I'd get another letter. Letter arrived three days later and I got 'standard' for both categories which meant I'd still lose my Motability.
I checked the accompanying paper work yet again and saw that, whilst my assessor had stated I could walk between 20-50 yards, she'd somehow ticked the 50-200 yards box. <sigh> This time they got a ****ty seven page letter pointing out in detail every fault that was on my 'decision' form and demanding a mandatory reconsideration. I think I scared them, I can be pretty scary when necessary. I sent that letter on the 15th October, "Matt" signed for it at their end on the 16th. I sat back and expected to be in for a long wait but a week later I received a letter dated the 18th. I thought it was just a receipt for my MR letter. It wasn't. They'd caved and awarded me the higher rate of mobility so I get to keep my car. Result. But I'm still taking all four letters to my MP to show what a monumental c**k up PIP is, he's the type who'll raise it in the House. My advice to anyone who gets a bad result is to double check every detail against the ticked boxes for 'accidental errors' and send them detailed challenges to anything they got wrong. And definitely send it 'signed for' so you can prove they got it.
I checked the accompanying paper work yet again and saw that, whilst my assessor had stated I could walk between 20-50 yards, she'd somehow ticked the 50-200 yards box. <sigh> This time they got a ****ty seven page letter pointing out in detail every fault that was on my 'decision' form and demanding a mandatory reconsideration. I think I scared them, I can be pretty scary when necessary. I sent that letter on the 15th October, "Matt" signed for it at their end on the 16th. I sat back and expected to be in for a long wait but a week later I received a letter dated the 18th. I thought it was just a receipt for my MR letter. It wasn't. They'd caved and awarded me the higher rate of mobility so I get to keep my car. Result. But I'm still taking all four letters to my MP to show what a monumental c**k up PIP is, he's the type who'll raise it in the House. My advice to anyone who gets a bad result is to double check every detail against the ticked boxes for 'accidental errors' and send them detailed challenges to anything they got wrong. And definitely send it 'signed for' so you can prove they got it.
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5 years 6 months ago #239558 by Meredith
Replied by Meredith on topic Mandatory reconsideration
I agree, you couldn't make it up, I've posted my own story to this thread this afternoon. Go for MR, list everything that's wrong with their decision and also send them your nurse's letter. Plus send it 'signed for' so you can prove they received it. Good luck. x
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