Mandatory Reconsideration Help

Hi Tj45

The first thing you need to do is get a copy of the assessors report, once you have a copy highlight all the errors in the report.

I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.

Understand that the assessor is offering an opinion when they say that you 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 your 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.

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;

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

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, half way down the page 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

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.

Gary

Hello Tj45,

You are right, time is potentially of the essence now. Given that the short amount of you have had due to postage failures it would be very reasonable for you to ring the DWP and ask for extra time. They have the powers to extend the time for a MR request to be received by them up to 13 months. Now they will not give you anything like that long, but in my opinion it would be reasonable to ask for another month to send it in. If you choose to do that, I would strongly recommend that you record the phone call. Most times the DWP are really good at recording what they have said, but I have known there to be errors. That would give you enough time to submit a carefully crafted MR submission.

Your alternative is to send in a simple letter saying that you do not agree with the decision and are therefore requesting a Mandatory Reconsideration. Then go on to explain that the decision arrived late and you have not had time to prepare a detailed submission about why you think the decision is wrong, but you will be submitting this by (and give a date of say 3 weeks after you received the decision notice.)

My personal preference would be the first, keeping the second option up your sleeve in case they are awkward, but that is a purely personal choice.

When you have done that, reread Gary's post below!

To encourage you - I have never known them not be willing to extend the time for submitting an MR when you ask them before the date it is due in and if you have a good reason!

Catherine

Hi Tj45,

I hope you wake up in the morning to find your migraine has gone.

I would flag up that although a month seems like a long time now, it will go quickly, so as soon as you are seeing and thinking straight do try and get onto it.

Catherine