- Posts: 2
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- When to ask for a Mandatory Consideration
× Members
When to ask for a Mandatory Consideration
- Trepid
- Topic Author
- Offline
Less More
8 hours 16 minutes ago #310997 by Trepid
When to ask for a Mandatory Consideration was created by Trepid
My daughter has just been awarded enhanced level PIP in both categories due to chronic fatigue. This is what we hoped for. However, some of the Daily Living activity scores are much less than we expected because she takes an extremely long time to do things and has or would have excessive fatigue from doing them. She has 2, 3 or 4 points for 5 headings and 0 for the others, adding up to 13. I would have thought that she should have maximum points for some activities because she can't do them reliably. We don't want to prolong the PIP process, which has been gruelling for both of us. And we have the correct financial outcome. But when it comes to the review in 2029, might we regret not having challenged these scores? I would like to know whether anyone else has been in this situation and what they would advise.
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 9883
6 hours 34 minutes ago #311004 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic When to ask for a Mandatory Consideration
Hi Trepid
We can't tell you what to do here - there is something that you will have to decide for yourself. Here are things you may want to consider.
1. You have the outcome you wanted - why would you risk that award? There is a possibility that by disagreeing with the points awarded, the DWP could review it, and instead of increasing the points, they could decrease them, and your daughter would no longer have an enhanced award.
2. Did not receive the points expected - There are very few people, even those with high-scoring enhanced awards, who agree with all the points awarded by assessors. The assessor (a health professional) is merely offering an opinion, which is usually (though not always) endorsed by a decision-maker (a non-medical person). Most claimants are annoyed at what they view as errors, but they keep quiet because they are tired of the process. However, there are a small number of people who insist on contacting the DWP and stating that, although happy with the award outcome, they strongly disagree with the report. They ask for their letter to be added to their records (and hope that the DWP don't view it as a Mandatory Reconsideration).
3. Next review - Whatever people have been awarded, there is no guarantee that one assessor will agree with another next time round - that's why some people suddenly find their awards being downgraded because the health professional has a 'different opinion' from the previous one. Some claimants will put a note in when completing a review form that they strongly disagreed with the scoring on the previous report - but didn't have the energy, knowledge, time ... etc to challenge it and then emphasise that nothing has improved from what they previously wrote (not what was previously scored).
So you have to do what feels right for you.
BIS
We can't tell you what to do here - there is something that you will have to decide for yourself. Here are things you may want to consider.
1. You have the outcome you wanted - why would you risk that award? There is a possibility that by disagreeing with the points awarded, the DWP could review it, and instead of increasing the points, they could decrease them, and your daughter would no longer have an enhanced award.
2. Did not receive the points expected - There are very few people, even those with high-scoring enhanced awards, who agree with all the points awarded by assessors. The assessor (a health professional) is merely offering an opinion, which is usually (though not always) endorsed by a decision-maker (a non-medical person). Most claimants are annoyed at what they view as errors, but they keep quiet because they are tired of the process. However, there are a small number of people who insist on contacting the DWP and stating that, although happy with the award outcome, they strongly disagree with the report. They ask for their letter to be added to their records (and hope that the DWP don't view it as a Mandatory Reconsideration).
3. Next review - Whatever people have been awarded, there is no guarantee that one assessor will agree with another next time round - that's why some people suddenly find their awards being downgraded because the health professional has a 'different opinion' from the previous one. Some claimants will put a note in when completing a review form that they strongly disagreed with the scoring on the previous report - but didn't have the energy, knowledge, time ... etc to challenge it and then emphasise that nothing has improved from what they previously wrote (not what was previously scored).
So you have to do what feels right for you.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Trepid
- Topic Author
- Offline
Less More
- Posts: 2
5 hours 50 minutes ago #311006 by Trepid
Replied by Trepid on topic When to ask for a Mandatory Consideration
Thank you, BIS. A note when we do the review seems like the best option. thankfully that is several years away.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, latetrain, BIS, Catherine12345, Chris, David, Keely