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TOPIC: Mandatory Reconsideration, Should I?

Mandatory Reconsideration, Should I? 1 week 5 days ago #236939

Hello Forum,

Like many people on DLA I had to transfer to PIP in March 2016 when a decision was made to lower my mobility component from Enhanced (awarded in 1999 indefinitely) to the Standard rate, I kept the Enhanced Rate for Personal Care. I therefore lost my Motability car which in turn limited my independence. At the time I was too ill and disappointed to appeal and ask for a mandatory reconsideration. I have severe SeroPositive Rheumatoid Arthritis which seriously limits my mobility and that got worse. Because of the change in the assessment for PIP where mental health had to be included on the PIP application form I received a letter asking if my health situation had changed so I used the opportunity to reapply for PIP because my mobility had deteriorated. It has taken nine months from start to finish to finally get the DWP letter today which states that I would stay on the same benefit as before. The good thing is, it’s awarded for 10 years. Obviously I’m hugely disappointed and feeling anxious that I didn’t warrant the score of 12 points, so I have decided to ask for a Mandatory Reconsideration using the help of the marvellous resources Benefits and Works offer. What has confused me most is in the ‘My Decision’ part of the letter they admit that my mobility has worsened and it further says:
‘The information shows your health condition or disability causes you great difficulty with Daily Living Activities. The law says we cannot award or increase the mobility part of PIP for claimants state pension age or over. Whilst I accept your mobility has worsened, I cannot look at your award as this happened after you reached State Pension age. Therefore you will still receive the standard rate of PIP to help with your mobility needs.’ End of quote. This is what I can’t understand? Has anyone else on the forum had this problem. Has the law changed, if so, when? I’ve been in this system for 20 years, so it’s not a new claim dependent on my age. That was dealt with when I went from DLA to PIP when the rules changed and the age deadline came into force, I missed out on not needing a reassessment by three months and had to go through the whole gut wrenching process again. Gordon, please can you clarify this law for me and is it still feasible for me to ask for a Mandatory Reconsideration. By the way, the health professional who assessed me in my own home at no point asked me to stand or walk! Advice and any feedback greatly appreciated. Thank you Benefits and Work for all you do for us and thank you folks for reading this rather long post. .

Sent from my iPad

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Mandatory Reconsideration, Should I? 1 week 5 days ago #236942

Ann

If you have now reached State Retirement Age then your Standard rate Mobility award cannot be increased even if you meet the criteria for a higher award, this rule which is defined in the legislation also applied to DLA.

As it appears to be the DWP who initiated the reassessment your options for requesting an MR are very limited, you would need to show categorically that you met the criteria for a higher award before you reached SRA and also why you were unable to report the Change to the DWP.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Mandatory Reconsideration, Should I? 1 week 4 days ago #236962

Thank you Gordon, it wasn’t until I’d posted my question that I read another similar post confirming the law. Thanks again for your prompt reply, you guys sew awesome.

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