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Mandatory Reconsideration.. Urgent help needed!

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4 years 1 month ago #243850 by PBR Street Gang
Mandatory Reconsideration.. Urgent help needed! was created by PBR Street Gang
Hi

The reason I am here is to seek your kind assistance in completing a Mandatory Reconsideration, after a decision by a case manager and face to face assessment.

Up until that point, I was receiving the standard rate for mobility and daily living and both were awarded after having a face to face assessment in 2016.

My condition has not changed and I am still on the same medication. I am also receiving payments for ESA (support group) one part of which was the disability premium which has now also been deducted.

I am facing a very tight time frame and some organisations are either short of staff or can't even advise
on how to complete the form.

That said, I was wondering if any of you have had any success with the MR,
and what did you do?

I welcome any suggestions or questions and of course also thank you in advance for any help you may have to offer.

Best Regards and Wishes

Paul

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4 years 1 month ago #243851 by Gary
Hi PBR Street Gang

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 Mandatory Reconsideration & 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.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: HappyHappy2, PBR Street Gang

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4 years 1 month ago #243852 by PBR Street Gang
Replied by PBR Street Gang on topic Mandatory Reconsideration.. Urgent help needed!
Hi Gary

Thanks you for the reply.

When you say report, do you mean the one that arrived with the dicision letter or is it a completely different
document generated by the person who undertook the assessment on the day of the face to face?

This may seem a bit of stupid question, but I hope you understand why I am asking?

As for the guides, I do have to hand and downlaoded after signing up for paid membership of B & W.

Paul

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4 years 1 month ago #243861 by BIS
Hi Paul

You can ring up and request a copy of the report that the assessor wrote from the face to face. This will help you if you wish to challenge the decision.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: PBR Street Gang

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4 years 1 month ago #243863 by Gary
Hi PBR Street Gang

Yes it is different from what they send you with the decision letter. The assessors report should go into much more detail, the one from the DWP is what Decision Maker has decided from the assessors report. It is always advisible to ask for a copy of the assessors report 2-3 days after you have undergone an assessment, as there is a small window for you to write to the Decision Maker if you find anything wrong in either reports, but you will need to be quick.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: HappyHappy2, PBR Street Gang

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4 years 1 month ago #243888 by PBR Street Gang
Replied by PBR Street Gang on topic Mandatory Reconsideration.. Urgent help needed!
Hi Gary

Apologies for the late response but as always thanks for the reply.

I contacted the DWP today and asked for the assessors report.
When I did I also pointed out that I would really need
more time, even though I have completed an MR yet, and have at least another couple of weeks.

As I was speaking to the person on the phone I heard my mobile receive a text.
It was the DWP saying that I have asked them to look at the decision again, and when they have done so, they will contact me in 10 weeks.

Meanwhile on the phone she said that she will confirm my requset for more time in a letter
that will be accompanied by the report.

Does this sound right to Gary?

Best Regards and Wishes

Paul

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