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question about mandatory reconsideration
- mousemat105
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4 days 7 hours ago #313322 by mousemat105
question about mandatory reconsideration was created by mousemat105
Good evening,
I was awarded standard rates following a tribunal last year, and then submitted a change in circumstances as some of my conditions and daily living had deteriorated further since I first applied a number of years ago. I was told the change in circumstances wouldn't mean another assessment and they would just review the paperwork, which was incorrect and I had to go through the stress of 2+ hour telephone assessment by myself.
I have been awarded standard rate for both again, but the DWP comments in the letter are contradictory in places to medical evidence and to what I said during my assessment. And they have awarded 2 points in a section the tribunal did not, but removed 2 points from a section awarded by the tribunal judge. My circumstances have not changed in this activity and I do not believe they have taken on board any of the evidence or that they have applied the law correctly for this activity.
It says on my letter I can ask the to explain their decision and/or I can ask them to reconsider a decision. With the first option, asking them to explain their decision, is this the report from the assessor I see people refer to? Should I request this first and then think about challenging through a mandatory reconsideration? As I have provided evidence that shows I meet higher scoring criteria in some activities which I also said about in my assessment?
With a mandatory reconsideration, do they look at the whole thing again, or can you tell them the specific activity you disagree with and they will just look at that one activity again? I was physically sick a number of times leading up to this telephone assessment and was off work with stress and all my daily living deteriorated so I just cannot go through it all again. But if it is a case I just challenge on this one activity I would consider it because it was awarded by a tribunal and hasn't changed, so should still see the same points.
Thank you
I was awarded standard rates following a tribunal last year, and then submitted a change in circumstances as some of my conditions and daily living had deteriorated further since I first applied a number of years ago. I was told the change in circumstances wouldn't mean another assessment and they would just review the paperwork, which was incorrect and I had to go through the stress of 2+ hour telephone assessment by myself.
I have been awarded standard rate for both again, but the DWP comments in the letter are contradictory in places to medical evidence and to what I said during my assessment. And they have awarded 2 points in a section the tribunal did not, but removed 2 points from a section awarded by the tribunal judge. My circumstances have not changed in this activity and I do not believe they have taken on board any of the evidence or that they have applied the law correctly for this activity.
It says on my letter I can ask the to explain their decision and/or I can ask them to reconsider a decision. With the first option, asking them to explain their decision, is this the report from the assessor I see people refer to? Should I request this first and then think about challenging through a mandatory reconsideration? As I have provided evidence that shows I meet higher scoring criteria in some activities which I also said about in my assessment?
With a mandatory reconsideration, do they look at the whole thing again, or can you tell them the specific activity you disagree with and they will just look at that one activity again? I was physically sick a number of times leading up to this telephone assessment and was off work with stress and all my daily living deteriorated so I just cannot go through it all again. But if it is a case I just challenge on this one activity I would consider it because it was awarded by a tribunal and hasn't changed, so should still see the same points.
Thank you
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- BIS
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4 hours 2 minutes ago #313419 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic question about mandatory reconsideration
Hi mousemat105
1. Explaining their decision: - I think this means that you can speak to a case manager and they will explain the points behind your award. I don't think they are talking about the assessor's report which is called a PA4. However, you can ring and ask for a copy of the PA4 report at any time.
2. Reconsider their decision. Although they haven't said so, I think they are saying that you can submit a Mandatory Reconsideration, which you should do within one month of the date on the decision letter. You really want to see the PA4 before you submit an MR, as it should give you a greater clue about how they came to their decision, and it will be easier for you to argue against it.
3. What they consider during a Mandatory Reconsideration. You can ask them to consider one single activity - but whether they stick to that is up to them.
4. I know you had previously been awarded points at the Tribunal - but once you submitted a change of circumstances and had a new review your current award overrides that. Of course, you can argue that they are wrong in thinking anything has changed and point them once again to the evidence you have already submitted hoping they will change their mind.
BIS
1. Explaining their decision: - I think this means that you can speak to a case manager and they will explain the points behind your award. I don't think they are talking about the assessor's report which is called a PA4. However, you can ring and ask for a copy of the PA4 report at any time.
2. Reconsider their decision. Although they haven't said so, I think they are saying that you can submit a Mandatory Reconsideration, which you should do within one month of the date on the decision letter. You really want to see the PA4 before you submit an MR, as it should give you a greater clue about how they came to their decision, and it will be easier for you to argue against it.
3. What they consider during a Mandatory Reconsideration. You can ask them to consider one single activity - but whether they stick to that is up to them.
4. I know you had previously been awarded points at the Tribunal - but once you submitted a change of circumstances and had a new review your current award overrides that. Of course, you can argue that they are wrong in thinking anything has changed and point them once again to the evidence you have already submitted hoping they will change their mind.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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