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Advice on strategy Re Mandatory reconsideration
- skyblue4u
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3 years 9 months ago #249175 by skyblue4u
Replied by skyblue4u on topic Advice on strategy Re Mandatory reconsideration
Sorry to ask yet another question.
My friend struggles to walk 8-10 metres due to chronic osteoarthritis in multiple joints and has excellent medical history and GP supporting letter,Burt scores no points.
In the moving around section she has stated the facts as per her claim form as she only asked one question “ how far can you walk ? within her reported facts about moving around a note underneath saying “ other functional history N/A what is this referring to
In her observation part regarding moving around she refers tot a lie that states my friend reports her medications as being effective ? Despite a doctors letter to the contrary why would a claimant state her medication is effective does not make sense. It’s a lie and will point this out referring to doctors report and various consultants. Sorry to waffle on
My friend struggles to walk 8-10 metres due to chronic osteoarthritis in multiple joints and has excellent medical history and GP supporting letter,Burt scores no points.
In the moving around section she has stated the facts as per her claim form as she only asked one question “ how far can you walk ? within her reported facts about moving around a note underneath saying “ other functional history N/A what is this referring to
In her observation part regarding moving around she refers tot a lie that states my friend reports her medications as being effective ? Despite a doctors letter to the contrary why would a claimant state her medication is effective does not make sense. It’s a lie and will point this out referring to doctors report and various consultants. Sorry to waffle on
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- Gordon
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3 years 9 months ago #249190 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice on strategy Re Mandatory reconsideration
skyblue
Is should be a different DM who looks at your MR so they should read everything and there should be no need for you to re-send any information, what you can do is refer to it in your MR, so "see my answer to question X" or "see my Consultant's comments on page Y of the additional evidence that I sent with my form".
Gordon
Is should be a different DM who looks at your MR so they should read everything and there should be no need for you to re-send any information, what you can do is refer to it in your MR, so "see my answer to question X" or "see my Consultant's comments on page Y of the additional evidence that I sent with my form".
Gordon
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- Gordon
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3 years 9 months ago #249191 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice on strategy Re Mandatory reconsideration
skyblue
The Functional History is exactly that, a history of the issues that a claimant has with an activity, so whilst your friend has explained the problems that they have with walking today, did they say how they were previously affected, if this was a reassessment, did they score previously.
What has the assessor said as justification for not awarding any points?
Apart from that, just go back through their limitations.
Gordon
The Functional History is exactly that, a history of the issues that a claimant has with an activity, so whilst your friend has explained the problems that they have with walking today, did they say how they were previously affected, if this was a reassessment, did they score previously.
What has the assessor said as justification for not awarding any points?
Apart from that, just go back through their limitations.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- skyblue4u
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3 years 9 months ago #249246 by skyblue4u
Replied by skyblue4u on topic Advice on strategy Re Mandatory reconsideration
She scored 12 points 3 year’s ago on previous sssesment for daily living but did not expect anything for mobility last time as could walk reasonably well
This is a request to look at award again due to a very significant deterioration in her osteoarthritis subsequently effecting her ability to carry out daily living tasks as well or certainly requiring more help.
Yeh the assessor is relying on almost every activities the following statement
Although the previous PA4 suggests she needs to use an aid and although the HOC Reports restrictions the Varabilty reports that restrictions are not on the majority of the days and the CM report that she finds her medication effective for her so basically
It is therefore unlikely that in the majority of days she can do whatever unaided etc
Go no points on anything
All above statements that the report relays on like effective meds , only bad 1-2 days per week etc are out and out lies was never asked nor was ever stated
It is criminal thank you
This is a request to look at award again due to a very significant deterioration in her osteoarthritis subsequently effecting her ability to carry out daily living tasks as well or certainly requiring more help.
Yeh the assessor is relying on almost every activities the following statement
Although the previous PA4 suggests she needs to use an aid and although the HOC Reports restrictions the Varabilty reports that restrictions are not on the majority of the days and the CM report that she finds her medication effective for her so basically
It is therefore unlikely that in the majority of days she can do whatever unaided etc
Go no points on anything
All above statements that the report relays on like effective meds , only bad 1-2 days per week etc are out and out lies was never asked nor was ever stated
It is criminal thank you
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- Gary
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3 years 9 months ago #249249 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Advice on strategy Re Mandatory reconsideration
Hi skyblue
Your primary task if you have to go for a mandatory reconsideration is is to show that she meet the criteria. There are many reasons she 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.
Understand that the assessor is offering an opinion when they say that she can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to her scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
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
If you have any further questions, come back to the forum.
Gary
Your primary task if you have to go for a mandatory reconsideration is is to show that she meet the criteria. There are many reasons she 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.
Understand that the assessor is offering an opinion when they say that she can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to her scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
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
If you have any further questions, come back to the forum.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- skyblue4u
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3 years 9 months ago #249253 by skyblue4u
Replied by skyblue4u on topic Advice on strategy Re Mandatory reconsideration
Thank you so much for your valuable advice
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