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MR and extra information.
- ethan
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4 years 11 months ago #248019 by ethan
MR and extra information. was created by ethan
Do you specifically have to send additional information for a MR or can you just rely on what was sent previously?
I ask because my assessment not only ignored the current evidence I sent, it relied on evidence that had been submitted from an earlier claim (that wasn't up to date) to make a decision.
I'm challenging the decision because of this.
I ask because my assessment not only ignored the current evidence I sent, it relied on evidence that had been submitted from an earlier claim (that wasn't up to date) to make a decision.
I'm challenging the decision because of this.
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- Gary
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4 years 11 months ago #248020 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic MR and extra information.
Hi ethan
No you do not have to send in additional supporting documents, although if you have more up to date supporting documents then it can help.
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.
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
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
No you do not have to send in additional supporting documents, although if you have more up to date supporting documents then it can help.
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.
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
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
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- ethan
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4 years 11 months ago #248079 by ethan
Lucky for me I can show the assessment report is incorrect.
-They turned up to do an assessment of a number of my ailments that had worsened. which I had informed them about in writing and was ignored-
A further evidence bundle listing my difficulties with the activities was offered on the day of assessment was refused. I made a complaint.
Ten weeks later the assessment report arrived with a decision indicating that it had been made using evidence submitted only from 2017 and that no additional evidence was available to the assessor on the day?
The assessment report was a copy and paste from 2017. Because there had been no referral to the current evidence highlighting the issues I was having- the assessment bore no relevance to the way my disabilities affected me being unable to complete the daily living activities. I was awarded no points on six of the activities.
No points for managing a therapy and medication despite overdosing a number of times and having to complete a number of exercises from the hospital for 3.5 hours a week.
No points for engaging face to face despite receiving support from a CBT therapist who told me there was little they could do.
Given the issues associated with the latter, I should have been awarded 8 points.
When I read the justification for descriptor choice for this activity, it said Claimant reports no issues with this activity. Can engage as and when required?
Replied by ethan on topic MR and extra information.
but don't get bogged down in criticizing the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Lucky for me I can show the assessment report is incorrect.
-They turned up to do an assessment of a number of my ailments that had worsened. which I had informed them about in writing and was ignored-
A further evidence bundle listing my difficulties with the activities was offered on the day of assessment was refused. I made a complaint.
Ten weeks later the assessment report arrived with a decision indicating that it had been made using evidence submitted only from 2017 and that no additional evidence was available to the assessor on the day?
The assessment report was a copy and paste from 2017. Because there had been no referral to the current evidence highlighting the issues I was having- the assessment bore no relevance to the way my disabilities affected me being unable to complete the daily living activities. I was awarded no points on six of the activities.
No points for managing a therapy and medication despite overdosing a number of times and having to complete a number of exercises from the hospital for 3.5 hours a week.
No points for engaging face to face despite receiving support from a CBT therapist who told me there was little they could do.
Given the issues associated with the latter, I should have been awarded 8 points.
When I read the justification for descriptor choice for this activity, it said Claimant reports no issues with this activity. Can engage as and when required?
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