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Mandatory Reconsideration
- adamwest101
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3 years 11 months ago #259001 by adamwest101
Mandatory Reconsideration was created by adamwest101
Hi All
Received my new PIP award. I no longer get points for engaging, or planning a journey, which I had been getting since 2013.
Went for a MR, Reply. MH v DWP. My report from 2016
Your anxiety and depression were noted, it was noted you needed prompting to follow a journey. I believe the correct descriptor choice was made, so 4 pts.
ESA Report 2017.
Remembering How when you speak to the ESA they always say PIP, has nothing to do with us and vice versa.
You were able to walk your dog alone twice a day for 15 minutes. Which is rubbish and that's why I went to appeal in 2017 and won.
During the period under consideration there is no evidence that you had overwhelming psychological distress.
Have I got this wrong, but didn't they say I was awarded the right descriptor 4pts for needing prompting to avoid overwhelming stress ??????
Can you contact PIP after your MR?
Received my new PIP award. I no longer get points for engaging, or planning a journey, which I had been getting since 2013.
Went for a MR, Reply. MH v DWP. My report from 2016
Your anxiety and depression were noted, it was noted you needed prompting to follow a journey. I believe the correct descriptor choice was made, so 4 pts.
ESA Report 2017.
Remembering How when you speak to the ESA they always say PIP, has nothing to do with us and vice versa.
You were able to walk your dog alone twice a day for 15 minutes. Which is rubbish and that's why I went to appeal in 2017 and won.
During the period under consideration there is no evidence that you had overwhelming psychological distress.
Have I got this wrong, but didn't they say I was awarded the right descriptor 4pts for needing prompting to avoid overwhelming stress ??????
Can you contact PIP after your MR?
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3 years 11 months ago #259017 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Mandatory Reconsideration
Hello Adam,
At least you have demonstrated that you are willing to fight to get the correct award!
The process is that after you have had the decision following your request for a MR if you wish to challenge it further you need to appeal. You do not have any further direct contact with DWP, however, when the Courts and Tribunal Service receive your papers they send them to the DWP. They are then read by someone who is generally more senior in the organisation who does sometimes overturn the Mandatory Reconsideration DM's decision. So that is sort of like contacting PIP again after an MR, albeit not directly.
The Upper Tribunal has made it clear that where there is crossover between ESA and PIP tribunal decisions for one are should also be considered in the other. (This can also apply to evidence - I recently had an UT PIP appeal which was in part decided on the claimant's ESA historic assessments.) If the DWP have changed your award they should say why/how they believe things have changed, and the old award is no longer applicable.
Hope this helps a little,
Catherine
At least you have demonstrated that you are willing to fight to get the correct award!
The process is that after you have had the decision following your request for a MR if you wish to challenge it further you need to appeal. You do not have any further direct contact with DWP, however, when the Courts and Tribunal Service receive your papers they send them to the DWP. They are then read by someone who is generally more senior in the organisation who does sometimes overturn the Mandatory Reconsideration DM's decision. So that is sort of like contacting PIP again after an MR, albeit not directly.
The Upper Tribunal has made it clear that where there is crossover between ESA and PIP tribunal decisions for one are should also be considered in the other. (This can also apply to evidence - I recently had an UT PIP appeal which was in part decided on the claimant's ESA historic assessments.) If the DWP have changed your award they should say why/how they believe things have changed, and the old award is no longer applicable.
Hope this helps a little,
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- adamwest101
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3 years 11 months ago #259026 by adamwest101
Replied by adamwest101 on topic Mandatory Reconsideration
Hi
They are saying as I am able to walk my dog I do not qualify for overwhelming distress , even though I was awarded 4 pts PIP
I went to tribunal for ESA, they agreed with me I did not walk my dog only that I let her out from my garden into a field with photographic evidence which is what I told the [medical person].
So why are they bringing it up when the tribunal agreed with me.?
They are saying as I am able to walk my dog I do not qualify for overwhelming distress , even though I was awarded 4 pts PIP
I went to tribunal for ESA, they agreed with me I did not walk my dog only that I let her out from my garden into a field with photographic evidence which is what I told the [medical person].
So why are they bringing it up when the tribunal agreed with me.?
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3 years 11 months ago #259027 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Mandatory Reconsideration
Hi Adam,
I wish I could give you an answer. My heart always slightly sinks when I find out that someone I am helping with a PIP claim has a dog, They nearly always seem to assume that ownership of a dog equates to long walks with said animal, regardless of being told that this is not the case, and what alternative arrangements are made. I can only say - fight on!
Catherine
I wish I could give you an answer. My heart always slightly sinks when I find out that someone I am helping with a PIP claim has a dog, They nearly always seem to assume that ownership of a dog equates to long walks with said animal, regardless of being told that this is not the case, and what alternative arrangements are made. I can only say - fight on!
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 11 months ago #259028 by adamwest101
Replied by adamwest101 on topic Mandatory Reconsideration
Hi
I live in a semi rural location with fields at the end of my garden which is why the tribunal agreed with me.
I also asked them to look at Secretary Of State For Work And Pensions v MM 2019 UKSC34, another new rule which affects me, but they didn't
I live in a semi rural location with fields at the end of my garden which is why the tribunal agreed with me.
I also asked them to look at Secretary Of State For Work And Pensions v MM 2019 UKSC34, another new rule which affects me, but they didn't
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