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M Reconsideration
- Richard
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5 days 3 hours ago #304673 by Richard
M Reconsideration was created by Richard
Hi, this is just asking for advice on a paper base assessment that my friend had, she was on standard DL and nothing on mobility. She recently requested a review as her mobility has gotten worse and her mental health.
The DM has kept the DL the same standard and the mobility is now standard from nothing, due to the mobility problems we do feel the award is wrong.
So can we do a MR as it was a paper based assessment or not? She's worried that they'll change the mobility to zero as the money covers numerous things that she uses.
Thanks for any input 👍
The DM has kept the DL the same standard and the mobility is now standard from nothing, due to the mobility problems we do feel the award is wrong.
So can we do a MR as it was a paper based assessment or not? She's worried that they'll change the mobility to zero as the money covers numerous things that she uses.
Thanks for any input 👍
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- LL26
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4 days 2 hours ago #304697 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic M Reconsideration
Hi Richard,
It doesn't matter what kind of MR has happened, there is always a right of appeal to tribunal. I guess there us a small risk to the award, but it is very unlikely having just conducted a review that DWP would change their mind. Also now there is an award DWP would have to show an actual change of circumstances, ( improvement )has occurred to remove the award. And even if this very worse scenario happened the award could be reinstated by the tribunal.
You can appeal using the online form- if you Google 'online SSCS1 ' you will find the form. For some reason there is a bit if a formatting glitch with the grounds of appeal section. I always use a separate sheet typed up and then upload as a separate document.
Unless you can show good cause you have to send in the appeal within 1 month of the date of MR.
I have noticed a recent trend if MR notices having a generic long paragraph about why PIP can be awarded, and then a sentence or two at the end saying eg 'we have decided you need help with dressing.' Nothing else is said!
Not very helpful at all.
Have another look at the member's guides. Make sure you are absolutely clear about what points you should receive and why.
Think about 'reliability ' - safety, reasonable time, repetition across the whole day and acceptable standard. Pain, breathlessness, anxiety may well comprise not reaching an acceptable standard. The first 2 states could also apply to mobility 2 actual walking. All 3 could apply to Planning or Following journeys. Think holistically. All journeys will require at least a few steps to the car, bus or train. Under journeys these could be short, medium or across the whole country.
You can appeal just one component or both. If just one make it clear what you are appealing. If you agree with some points you can say so, or you can say eg DWP awarded 2 points but the correct value is 4.
What I normally do is to hsve a couple of opening paragraphs explaining your friend's health. Diagnoses, medications any surgery etc.You can stress if meds are at high doses or alternatively if eg allergy or other reason makes you stay on low doses.
Then include 4 or 5 bullet points about any criticisms of the assessment report. (You can ask for a copy of this, if you haven't got it, and yes DWP do have to give you a copy.) Formulate the worst criticisms to put into bullet points and give examples of these.
Then go through each descriptor say if you agree with the points or otherwise explain what points should be scored. You can make a more focused criticism of DWP here if required. If you have more evidence upload this too. You can refer to previous evidence or resend if you think DWP has ignored it.
Once the appeal is acknowledged- normally within a day or two maximum if lodged online, you will receive a bundle of papers after about 4 to 6 weeks. This will include copies of decisions, assessment and the appeal form etc. The tribunal ymget this bundle too.
I hope this helps.
LL26
It doesn't matter what kind of MR has happened, there is always a right of appeal to tribunal. I guess there us a small risk to the award, but it is very unlikely having just conducted a review that DWP would change their mind. Also now there is an award DWP would have to show an actual change of circumstances, ( improvement )has occurred to remove the award. And even if this very worse scenario happened the award could be reinstated by the tribunal.
You can appeal using the online form- if you Google 'online SSCS1 ' you will find the form. For some reason there is a bit if a formatting glitch with the grounds of appeal section. I always use a separate sheet typed up and then upload as a separate document.
Unless you can show good cause you have to send in the appeal within 1 month of the date of MR.
I have noticed a recent trend if MR notices having a generic long paragraph about why PIP can be awarded, and then a sentence or two at the end saying eg 'we have decided you need help with dressing.' Nothing else is said!
Not very helpful at all.
Have another look at the member's guides. Make sure you are absolutely clear about what points you should receive and why.
Think about 'reliability ' - safety, reasonable time, repetition across the whole day and acceptable standard. Pain, breathlessness, anxiety may well comprise not reaching an acceptable standard. The first 2 states could also apply to mobility 2 actual walking. All 3 could apply to Planning or Following journeys. Think holistically. All journeys will require at least a few steps to the car, bus or train. Under journeys these could be short, medium or across the whole country.
You can appeal just one component or both. If just one make it clear what you are appealing. If you agree with some points you can say so, or you can say eg DWP awarded 2 points but the correct value is 4.
What I normally do is to hsve a couple of opening paragraphs explaining your friend's health. Diagnoses, medications any surgery etc.You can stress if meds are at high doses or alternatively if eg allergy or other reason makes you stay on low doses.
Then include 4 or 5 bullet points about any criticisms of the assessment report. (You can ask for a copy of this, if you haven't got it, and yes DWP do have to give you a copy.) Formulate the worst criticisms to put into bullet points and give examples of these.
Then go through each descriptor say if you agree with the points or otherwise explain what points should be scored. You can make a more focused criticism of DWP here if required. If you have more evidence upload this too. You can refer to previous evidence or resend if you think DWP has ignored it.
Once the appeal is acknowledged- normally within a day or two maximum if lodged online, you will receive a bundle of papers after about 4 to 6 weeks. This will include copies of decisions, assessment and the appeal form etc. The tribunal ymget this bundle too.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Richard
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3 days 5 hours ago #304736 by Richard
Replied by Richard on topic M Reconsideration
Thank you so much for the kind help on this I'll go through it all with her, then ask for a MR. It's like the DM didn't even look at the paper work that was included in the change of circumstances. Although she's worried as she recieved a call from the DM asking how long she could walk for, without thinking as it was 9 o'clock in the morning she said 3 min s which is probably true but didn't get a chance to say anything about how far and how much it affects her and what aid she uses. We will definitely appeal as there's definitely enough evidence of the conditions she has plus the person didn't want to know that she's now been diagnosed with sleep apnea even though she stated on the forms awaiting results
Thanks for listening to me rabbit on 😁
Thanks for listening to me rabbit on 😁
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