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Advice on strategy Re Mandatory reconsideration

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3 years 9 months ago #248987 by skyblue4u
Hello I’ve posted previously regarding commencing MR for a friend. I accept that the most important point is to try to win argument on where points should have been scored but when someone has scored no points and the medical report is absolutely littered with misleading statements, certain facts conveniently missed out and worse of all deliberate lies by the assessor I am finding myself going through each activity stating the inaccuracies, missed answers from assessment and also pointing out where lies have been said. There are so many areas which need correcting it’s awful but my question is do I continue pointing out each and every worth while error then doing it again when it comes to the health professionals opinion I will be doing pretty much a similar job in going through each and every error or untruth etc. Is this the way you pick your way through. i the MR. I have read the help guides and I get the impression thats exactly what I need to do if there are important factual errors etc thanks again

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3 years 9 months ago - 3 years 9 months ago #248989 by Gordon
skyblue

We are not saying that you should not deal with the report in detail but understand, the DM has a limited attention span so the longer you make your MR the less they will take in so I would structure any document to make it easy for them to get access to the important information.

So maybe;

Activity A
1. Reason A why I meet criteria
2. Reason B why I meet criteria
3. Reason C why I meet criteria

What's wrong with the report for this activity
1. Error X
2. Error Y
3. Error Z

and also ...

It's good if you can refer back to the form and any evidence when highlighting an error.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 years 9 months ago by Gordon.

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3 years 9 months ago #249007 by skyblue4u
Replied by skyblue4u on topic Advice on strategy Re Mandatory reconsideration
Thank you again for your sound advice

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3 years 8 months ago #249074 by skyblue4u
Replied by skyblue4u on topic Advice on strategy Re Mandatory reconsideration
Hi just a quick question re MR fiorm. I am slowly working my way through as per your advice and the help guides.
In the functional history part the assessor has not put anything despite her being in constant pain through osteoarthritis which effects her in numerous ways. Is this an error on her part that i can utilise ?
In the variability section it does state her condition is only bad for 1-2 days which is an outrageous lie as it’s constant. Should there be mite of her own experience of how her pain effects her in the functional part thank you

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3 years 8 months ago #249079 by Gordon
skyblue

There's no value in trying to second guess why the assessor did or did not do something, the report is as it is so if there is an opportunity to exploit something then do so.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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3 years 8 months ago #249169 by skyblue4u
Replied by skyblue4u on topic Advice on strategy Re Mandatory reconsideration
Hi just another quick question on the MR. Do the decision makers also go through all of the original claim fiorm so not only do they have the MR to read and all facts of why you disagree with the award and factual errors etc but they have read all the originall firm to.
When you have stated in Your previous message to state why you should score points for a particular activity I’m confused as to the amount of evidence to include as they have the original claim to reference to but if they don’t necessarily read that then I would have to include it all anyway. Sorry for long drawn out message but do want to get strategy right as you’ve stated they limited attention span etc

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