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Mandatory Reconsideration
- Philp
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4 years 11 months ago #248421 by Philp
Mandatory Reconsideration was created by Philp
Hello,
I'm new to these forums and just wondering about experiences of Mandatory Reconsideration of a PIP Award.
I have been awarded Standard Rate for both Daily Living and Mobility until 2022. Which I know is a fairly good outcome - and I was surprised by the quick turnaround too, with a decision made just 3 days after DWP received the medical report.
However I believe I did meet the criteria for Enhanced for both, and am considering a MR (and possibly Tribunal as I know MR has a very low chance of success).
I know that this can theoretically carry a risk of a lower award.
I was just wondering what others experience of MR and appeal has been - has anyone ever experienced a reduced award through this process?
Thanks
I'm new to these forums and just wondering about experiences of Mandatory Reconsideration of a PIP Award.
I have been awarded Standard Rate for both Daily Living and Mobility until 2022. Which I know is a fairly good outcome - and I was surprised by the quick turnaround too, with a decision made just 3 days after DWP received the medical report.
However I believe I did meet the criteria for Enhanced for both, and am considering a MR (and possibly Tribunal as I know MR has a very low chance of success).
I know that this can theoretically carry a risk of a lower award.
I was just wondering what others experience of MR and appeal has been - has anyone ever experienced a reduced award through this process?
Thanks
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- BIS
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4 years 11 months ago - 4 years 11 months ago #248425 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Mandatory Reconsideration
Hi Philip
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
If you're going to put in for a Mandatory Reconsideration, if you haven't already, you want to get a copy of the assessor's report so that you can see why you didn't receive an enhanced award. You can ring the DWP for this.
You also need to put in for a Mandatory Reconsideration within a month of the date on your decision letter. You're right that it's not easy to be successful at the MR stage. Only 17% get an improvement in their award. However, there are members here who have been successful. Yes there is a risk of your award being lowered, I've only heard that happen a couple of times.
If you go to Appeal and there is a danger of your award being lowered the Tribunal judge will warn you of this and give you the opportunity to withdraw your appeal. 83% of Tribunal cases are currently won by the claimant.
You can find information on putting in an MR in our Guide to PIP Appeals
www.benefitsandwork.co.uk/help-for-claimants
BIS
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
If you're going to put in for a Mandatory Reconsideration, if you haven't already, you want to get a copy of the assessor's report so that you can see why you didn't receive an enhanced award. You can ring the DWP for this.
You also need to put in for a Mandatory Reconsideration within a month of the date on your decision letter. You're right that it's not easy to be successful at the MR stage. Only 17% get an improvement in their award. However, there are members here who have been successful. Yes there is a risk of your award being lowered, I've only heard that happen a couple of times.
If you go to Appeal and there is a danger of your award being lowered the Tribunal judge will warn you of this and give you the opportunity to withdraw your appeal. 83% of Tribunal cases are currently won by the claimant.
You can find information on putting in an MR in our Guide to PIP Appeals
www.benefitsandwork.co.uk/help-for-claimants
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 11 months ago by BIS.
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- Philp
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4 years 11 months ago #248433 by Philp
Replied by Philp on topic Mandatory Reconsideration
Thank you BIS,
I have found the those guides and downloaded them - I’ll definitely be reading them and using the advice.
I used the B&W guide when applying in the first place, and they were hugely invaluable in helping me through the process and in how to complete my application and word my descriptions.
I’ve recommended B&W to some friends in similar situations!
Once I’ve had a full read through the health professionals report to DWP and their reasoning for the reward, I’ll have an idea of whether I think some obvious areas have been left out or not fully taken into account. If there are some then I’ll seriously consider an MR. If it’s less clear cut, and most things I said do seem to have been considered, then ill maybe stick with what I’ve been awarded.
As someone else pointed out to me - with the current timescales for response to MR (and Tribunals), it’s likely my review in 2022 will be due anyway, by the time of the reply!
I have found the those guides and downloaded them - I’ll definitely be reading them and using the advice.
I used the B&W guide when applying in the first place, and they were hugely invaluable in helping me through the process and in how to complete my application and word my descriptions.
I’ve recommended B&W to some friends in similar situations!
Once I’ve had a full read through the health professionals report to DWP and their reasoning for the reward, I’ll have an idea of whether I think some obvious areas have been left out or not fully taken into account. If there are some then I’ll seriously consider an MR. If it’s less clear cut, and most things I said do seem to have been considered, then ill maybe stick with what I’ve been awarded.
As someone else pointed out to me - with the current timescales for response to MR (and Tribunals), it’s likely my review in 2022 will be due anyway, by the time of the reply!
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