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Advice Please - Mandatory Reconsideration
- TG1000
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1 day 7 hours ago #308784 by TG1000
Advice Please - Mandatory Reconsideration was created by TG1000
Hi all,
My wife and I have helped my wife's sister (who has autism and a learning disability, the latter diagnosed as putting her in the bottom 1% of IQ / cognitive ability) apply for PIP. My wife attended a face to face assessment with her, which appeared to go OK. But we have just received an egregious decision letter awarding her only 4 points in the daily living category, and zero in the mobility category.
The letter is dated 29 August, but was only received on 6 September, 8 days later (significantly chewing up our time to respond). Would you make anything of this in the mandatory reconsideration application? Additionally, ahead of the assessment, we twice requested per procedure that it be audio recorded. On the day this was not set up. The assessor then did set it up on the day but subsequent to the assessment we received a letter stating that the recording had failed. Again, would you make much of this (i.e. complain and point to disenfranchisement of the claimant) in the in the mandatory reconsideration application?
It is hard to tell whether it is simple incompetence or foul play with respect to the above.
Finally, we would like in the mandatory reconsideration application to put them on notice that we are also preparing a full tribunal appeal for circumstances where her application is not reconsidered positively. Are there any drawbacks to doing this?
Many thanks in advance,
Tom
My wife and I have helped my wife's sister (who has autism and a learning disability, the latter diagnosed as putting her in the bottom 1% of IQ / cognitive ability) apply for PIP. My wife attended a face to face assessment with her, which appeared to go OK. But we have just received an egregious decision letter awarding her only 4 points in the daily living category, and zero in the mobility category.
The letter is dated 29 August, but was only received on 6 September, 8 days later (significantly chewing up our time to respond). Would you make anything of this in the mandatory reconsideration application? Additionally, ahead of the assessment, we twice requested per procedure that it be audio recorded. On the day this was not set up. The assessor then did set it up on the day but subsequent to the assessment we received a letter stating that the recording had failed. Again, would you make much of this (i.e. complain and point to disenfranchisement of the claimant) in the in the mandatory reconsideration application?
It is hard to tell whether it is simple incompetence or foul play with respect to the above.
Finally, we would like in the mandatory reconsideration application to put them on notice that we are also preparing a full tribunal appeal for circumstances where her application is not reconsidered positively. Are there any drawbacks to doing this?
Many thanks in advance,
Tom
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- LL26
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1 day 27 minutes ago #308792 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Advice Please - Mandatory Reconsideration
Hi TG1000,
Unfortunately decision letters do seem to take a long time these days.
Don't worry about the time limit too much. The initial month allows anyone to appeal, however you can actually appeal up to 13 months later, but you would need to show good cause. If you are just a few days late with the MR just say that you received the decision late and were unable to gather the information and draft the letter in time.
I wouldn't bother mentioning you will definitely appeal to tribunal - DWP will probably ignore the comment or it will provide an excuse for another poor decision!
I don't know about the recording- there are lots of reports on this forum of recordings not working. Possibly poor equipment or maybe poor training in using it? Hindsight is always easy, but I would always recommend making your own recording to be sure!
For MR, first of all go through the assessment report- try and work out 4 or 5 major criticisms to condense into bullet points, and give examples. Don't nit pick it will lose the attention of DWP.
If there are a lot of spelling or grammar mistakes, this could one of the bullet points suggesting poor writing equates to general lack if attention to detail, (which might be why the assessor failed to note down answers correctly !)
If the assessor has failed to consider the so-called reliability criteria- safety, repetition, reasonable time and acceptable standard, you may wish to include this as one of the bullet points.
To write the MR letter I usually write a paragraph or 2 of background information- you can include eg learning difficulties, poor behaviour at school,lack of qualifications , as well details of surgery, treatments, periods in hospital etc whatever is appropriate. You can refer to medical reports if you have them.
Then insert the bullet points you formulated earlier.
Then go through each descriptor
If you agree with the points you can acknowledge eg that due to incontinence pads are needed hence 2 points for an aid/appliance is correct. Or you can say eg that although there are some difficulties with eg dressing this can normally be managed without help etc.
If DWp has awarded zero or too few points explain this. Say eg that the assessor ignored the claimant's repeated comments that she repeatedly burnt herself in the kitchen and therefore it wasn't safe for her to cook without supervision. You can make a more specific criticism of the assessor here State what points should have been awarded.
Send with medical evidence- even if you have fairly old IQ assessments these will still very valid in showing a lifelong learning disability.
Refer back to the Members Guides if you need more information about any of the descriptors.
Good luck.
Let us know how you get on.
I hope this helps.
LL26
Unfortunately decision letters do seem to take a long time these days.
Don't worry about the time limit too much. The initial month allows anyone to appeal, however you can actually appeal up to 13 months later, but you would need to show good cause. If you are just a few days late with the MR just say that you received the decision late and were unable to gather the information and draft the letter in time.
I wouldn't bother mentioning you will definitely appeal to tribunal - DWP will probably ignore the comment or it will provide an excuse for another poor decision!
I don't know about the recording- there are lots of reports on this forum of recordings not working. Possibly poor equipment or maybe poor training in using it? Hindsight is always easy, but I would always recommend making your own recording to be sure!
For MR, first of all go through the assessment report- try and work out 4 or 5 major criticisms to condense into bullet points, and give examples. Don't nit pick it will lose the attention of DWP.
If there are a lot of spelling or grammar mistakes, this could one of the bullet points suggesting poor writing equates to general lack if attention to detail, (which might be why the assessor failed to note down answers correctly !)
If the assessor has failed to consider the so-called reliability criteria- safety, repetition, reasonable time and acceptable standard, you may wish to include this as one of the bullet points.
To write the MR letter I usually write a paragraph or 2 of background information- you can include eg learning difficulties, poor behaviour at school,lack of qualifications , as well details of surgery, treatments, periods in hospital etc whatever is appropriate. You can refer to medical reports if you have them.
Then insert the bullet points you formulated earlier.
Then go through each descriptor
If you agree with the points you can acknowledge eg that due to incontinence pads are needed hence 2 points for an aid/appliance is correct. Or you can say eg that although there are some difficulties with eg dressing this can normally be managed without help etc.
If DWp has awarded zero or too few points explain this. Say eg that the assessor ignored the claimant's repeated comments that she repeatedly burnt herself in the kitchen and therefore it wasn't safe for her to cook without supervision. You can make a more specific criticism of the assessor here State what points should have been awarded.
Send with medical evidence- even if you have fairly old IQ assessments these will still very valid in showing a lifelong learning disability.
Refer back to the Members Guides if you need more information about any of the descriptors.
Good luck.
Let us know how you get on.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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