MR decision letter -> Question

Hi prefer not to say,
The MR decision letter should explain the 0 points award, even if it's only something like, 'can drive which indicates adequate cognition and coordination and therefore can cook and bathe.'
Have another look to make sure you haven't missed something. (You probably haven't, but there maybe some hidden comment somewhere!)
Of course if there is no explanation this clearly indicates poor decision making. Certainly something to comment on.
Alternatively if there genuinely isn't any explanation at all, you could make a complaint. However run this in tandem with an appeal.
Make the appeal in the usual way ' fill out the SSCS1 form which h can be done online. If you write a comprehensive MR letter you could attach this as an uploaded document or write more if appropriate. You can include a general overview of when you were diagnosed and the effect of your illness etc. Then if you haven't done so already go through the assessment making 4 or 5 bullet points to form the major criticism and give examples. You can the go through each applicable descriptor and explain why X points shoukd have been awarded.
I always advise that it is better to type or neatly write the Grounds of Appeal on a separate page/s, clearly marked with name and NI number. If you type into the provided box it looks nice but often comes back as one long unformatted paragraph when the form gets printed and sent out to you and the tribunal. Makes it very hard to read. Hence much better to upload as separate document!
Start the Grounds of appeal with the comment that Having made a claim (or renewal) on X date, you received 0 points and requested MR. You were disappointed that the MR decision did not provide any explanation whatsoever, and consequently you now need to appeal. (Then include the illness overview/critique/correct points paragraphs as outlined above.)
Now the reason I say to complain is the possibility that if you do this the complaints team, who actually are quite helpful may look at your case again and review it without you needing to actually go to a hearing. They may not review in your favour but it is worth a go!
Basically write the same as per the opening comment in your Heounds of Appeal. Say that you are having to appeal because the MR decision gave no explanation. Your complaint is that you expect DWP to actually perform the Mandatory Reconsideration and provide cogent explanation. DWP has failed to do this and therefore has delayed your access to justice.
(If you sent in extra evidence with the MR letter mention this because DWP are supposed to at least 'consider' it - they may not agree, which is their prerogative but they do need to reconsider, and the lack of explanation suggests this did not happen which is a breach of their legal duty.)

Then you can say you have appealed and provide a copy of the Grounds of Appeal and any other evidence for reference.
Head the complaint letter Complaint provide name and NI number on all pages, and send to address at top of MR decision.
For a successful complaint you need to ask for redress here you could ask that a full Reconsideration is actually made with a full explanation. So that could be included in the opening paragraph.
It is important to do the appeal as well.
Now the complaint may not work, and is a long shot. If you don't feel able to make a complaint, don't worry it isn't necessary but could speed things up.
I hope this helps.
Let us know how you get on.
LL26

Hi prefer not to say

At present face to face appeals is not the norm, they have started doing face to face appeals mainly for claimants who cannot use phone.

I find if you do a good submission then that usually swings it. When I do one I follow the assessors report, I state what the assessor has given then I write what I believe should have been awarded and why, the why is the important part, especially if you can tie it in with any supporting documents.

Gary

Hi prefer not to say

I'm am not an assessor or decision-maker, but I've read through your answer for your MR and I can see why they didn't change the decision. In trying to explain in detail how you manage your condition - I too read it that you could manage most of the time. I'm not saying that's right - just how I interpreted it.

For instance, you say you use a lightweight chair so it can easily be moved in or out of the shower. Is that you who moves it? You don't say - so if they assume you do - then they think your balance is better than you state. You can't balance or hold your own body weight, but you don't remind them why that is. You say there is a danger of slipping, but I have no idea whether you get the feeling that you might slip for the majority of the time and what causes it. You may have put this on your form, but if you did so already then you need to remind them of it. I think what I'm trying to say, is I don't get a real feel for the pain you're in and the difficulties you experience. It sounds as if you can manage.

You're right to argue about the Naproxen, but I have no idea whether you are pain-free with this drug (which I suspect isn't the case). As well as telling them it is the highest recommended dose, you should remind them in a couple of sentences what pain you are still in and the difficulties you face while taking it. If your doctor has ever discussed or prescribed any other tablets say so - even if you're not taking them now.

Make sure for every question that you are challenging, that the focus is on the difficulties that you have, regardless of any steps you may have taken to try and lessen the difficulties.

BIS