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evidence during mandatory reconsideration stage

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4 years 9 months ago #249263 by elize
Hi, I'm in the process of claiming PIP and in the MR stage. Although I sent in heaps of evidence, It was pretty weak. Mild spondylosis, Sjogren's syndrome, depression, anxiety, sleep apnea and chronic fatigue syndrome. I am in my bed about 80% of the time as I am so fatigued. I sent in my MR before I got the report from DWP so it doesn't really address any of the issues I need it to. I'm overwhelmed and can't even get to see a GP to get a letter or write to hospitals for SAR's because of my anxiety and fatigue.. Anyway, I have to sort this out. The DWP said they would make a decision in 6 weeks but that time is nearly here. Can I send evidence after they have turned me down, which I'm certain they will, during the appeal stage. Sorry if this is obvious info but I get so tired and confused reading through all the stuff I need to know
The following user(s) said Thank You: hakim

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4 years 9 months ago #249266 by Gary
Hi elize

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

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.

Yes, you can send in additional supporting evidence to support your claim. Make sure that you understand the criteria that you are being assessed against so you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

Gary

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

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4 years 9 months ago #249271 by elize
Thank you Gary for your reply. Unfortunately I sent in my Mandatory Reconsideration before I got the real assessment report.

I think I might just leave it as it is, even though my MR does not argue against the real medical report because I didn't have it and the report is 30 pages of false misleading info.

I will try and have a condensed rebuttal that relates to the descriptors prepared for the appeal.

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