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Mandatory reconsideration denied.
- Ursula
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5 years 5 months ago #240215 by Ursula
Mandatory reconsideration denied. was created by Ursula
Can’t belive my son has been turned down on the mandatory reconsideration. I challenged all the points they gave for not allowing him pip. Do I give up? He needs my help with meals and my husband for driving him about for his work, we are both 70 and I have broke my hip after fall last week and had a complete replacement which means that I can’t help for the next 3 months and my husband has to look after both of us. My son lives independently and is 42 years old but cannot walk unaided after 18 operations and an ankle replacement which has not worked. I have been allowed to be his spokesperson as he is getting so distressed so do I elect to go to tribunal as I challenged everything and they have just given the same answer or do I start all the process again now that we can’t help him as much. Please help me I am laid up at moment and worried sick. Thankyou
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- Gordon
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5 years 5 months ago #240223 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration denied.
Ursula
We can't advise you whether to appeal or make a new claim but we can try to provide you with more information for you to make the decision.
Challenging the Decision may be a long process, the first stage is a Mandatory Reconsideration which can easily take 5-8 weeks or even longer, success rates at this stage are low. If the MR is unsuccessful then he can go onto appeal but wait times are even longer with some members reporting that they have waited a year for a hearing.
He can make a new claim immediately but there will be no backdating of any award to end of his DLA claim.
In either case, you need to deal with the issues that meant the no award was made. Have you requested a copy of the assessment report, if not, then contact the DWP office that dealt with his claim.
Did you use our PIP Claim guide when completing the form?
You mention problems with Preparing Food, does he other problems as it does not sound as if this would be sufficient on its own to merit an award.
Gordon
We can't advise you whether to appeal or make a new claim but we can try to provide you with more information for you to make the decision.
Challenging the Decision may be a long process, the first stage is a Mandatory Reconsideration which can easily take 5-8 weeks or even longer, success rates at this stage are low. If the MR is unsuccessful then he can go onto appeal but wait times are even longer with some members reporting that they have waited a year for a hearing.
He can make a new claim immediately but there will be no backdating of any award to end of his DLA claim.
In either case, you need to deal with the issues that meant the no award was made. Have you requested a copy of the assessment report, if not, then contact the DWP office that dealt with his claim.
Did you use our PIP Claim guide when completing the form?
You mention problems with Preparing Food, does he other problems as it does not sound as if this would be sufficient on its own to merit an award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Ursula
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5 years 5 months ago #240270 by Ursula
Replied by Ursula on topic Mandatory reconsideration denied.
Thanks Gordon, unfortunately I only found you after the first application was made but the assessment was all lies.... I spent ages doing the mandatory reconsideration, after getting the report done on the face to face assessment they seemed to ignore all the evidence I gave. We have been my son’s helpers, I have just broke my hip and my husband is awaiting a scan, we are both 70 but didn’t realise we would get to this state and my son needs help. Yes he has trouble preparing food but I was doing that, my husband keeps him independent by driving him about to keep him in work everyday but he might have to come out of work because he can’t get mobility allowance to enable him to have a specially modified car.
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- Gordon
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5 years 5 months ago #240277 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration denied.
Ursula
Have a look at our PIP Claim it explains in detail the criteria that he will need to meet.
Gordon
Have a look at our PIP Claim it explains in detail the criteria that he will need to meet.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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