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Mandatory Reconsideration Help 2 months 2 days ago #264513

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

Mandatory Reconsideration Help 2 months 2 days ago #264525

Hi
Yes I have done all that. I have the report what I am asking really is :-
Do I send the form off first ( which is the printed of form as seen in the guidance notes on here) stating that I want a MR and then go through my report, stating why I believe I should of gotten more points?
The only reason I am asking this as the date I received my award was nearly 20 days after it was post dated so I am guessing time is of the essence and I need to put things in motion.

Many thanks.
Tj.

Mandatory Reconsideration Help 2 months 1 day ago #264541

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

Mandatory Reconsideration Help 2 months 13 hours ago #264576

Hi Catherine
Thank you for the advice I did that and rang (over an hour on hold with a migraine but meh) I also recorded it like you advised. The guy was very vague, he said yes we can do that, when I said so is that a month from today he kept saying probably longer, I said well is it a month or more, he said well the way things are it is a month but probably more. I will just stick to the month to be on the safe side. Thanks again for the help. Back to the dark room now as feel awful but at least I have a few weeks to do this now.
Many thanks
Tj x

Mandatory Reconsideration Help 2 months 8 hours ago #264595

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

Mandatory Reconsideration Help 1 month 2 weeks ago #264887

Hi Catherine
I will try and get into this week, unfortunately I had to go for an MRI and that just started the migraine off once again. Its been a fair few days of being in bed in the dark.
I have decided to just try for enhanced care and leave the mobility component, even though I do have issues with my breathing and I am currently under investigation now for POTS :( things are going from bad to worse here but this is what happens when you suffer with chronic illnesses something DWP so not comprehend.
Many thanks Catherine and I will start the whole process asap as yes the count down is not long as you say.
Tj x
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