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Mandatory Recon 4 months 4 weeks ago #249003

Just to say a massive thank you to B+W and the community. After a long awaited Mandatory Reconsideration Decision we have just found out that we have 6 months worth of backdated payment with enough Daily Living scores for enhanced rate and standard for mobility. What a result - thank you.

The person I care for has hidden learning difficulties - none of which fit neatly into the PIP tick box format and really needed to be explained along with the impact on daily living and mobility.

The assessment in the early part of the year was done by an HP physiotherapist who has no experience of the conditions that cause us a problem. I had used the guides to submit lots of additional evidence when sending in the original questionnaire, and fo each activity we added two additional pages of A4 information to support the claim. We supplied evidence and diagnoses from professionals going back to childhood. Also diaries, reasonable adjustments at work etc. This was completely disregarded by the HP and DWP Decision Maker and the original decision we were awarded a grand total of NIL points for every aspect of Daily Living and mobility.

Usingthe B+W guiders for the second time for the MR, I was able to pull the PA4 assessment apart line by line - there were some factual inaccuracies plus a procedural inaccuracy - infact it was so well researched ( I got an ex DWP DM colleague to look over it who said that it was tribunal ready!!). I also quoted the equalities act about the way my person had been treated amongst many of the errors and assumptions that the DM took to be the truth.

I am a retired experienced professional person, I have interviewed people for jobs, been interviewed myself. I attended the assessment to support Simon, I felt completely overawed as did Simon, so I fully sympathise when people report how those assessments and the attitude of the HP made them feel. Our woman was quite pleasant on the surface but I was not fooled but even so I was disgusted and shocked at the initial ZERO points awarded - she took nothing into account with all the evidence we supplied. Because Simon can drive and has a A levels assumed he was able to do all the daily tasks or make journeys unsupported.

SO I would say persevere, the phrases the HP used to dismiss our initial claim were all the stock lines I have seen on the B+W guide! They make massive assumptions about people, it is wrong.

We are really pleased and as well have a long eview date. So thank you B+W and all the posters here who share experiences which I have read about over the years and which helped as references when doing the claim and the MR.

Anyone claiming – good luck.

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Mandatory Recon 4 months 4 weeks ago #249004

Cazzie

That's really terrific news, a very well done for getting the Decision revised.

And thank you for explaining what you did I am sure it will help others and give them confidence to challenge adverse Decisions.

Gordon

Tags: @RESULT @PIP @MR
The following user(s) said Thank You: CazzieB

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

Mandatory Recon 4 months 4 weeks ago #249010

Thank you.

Because the HP was rushing - she told us she needed the report in by close that evening she had clearly prepopulated some of the information fields on the system.

Her first mistake. She had typed in that no physcial examination was required.

After the inquistion that hides under the false title of assessment, she then did a non customised very detailed physical examintion. Earlier in the form she had stated none was required so in effect didn't have Simons permission to do the examination.

Also as he has hidden learning differences, the Assessors guides state that physical examinations should be tailored to the individual, not just the usual text box tick box. Obviously this didn't happen so I quoted the2010 Eqaualities Act and also brought that into play when she didn't give Si time to explain his points.

O h I could go on and on, but she tripped herself up.

Without B+W, and reading through the injustices the good folks on the BW community have endured, we would have been left stranded.

Also by researching I found that some local authorties have good online guidance for people with hidden learning differences and/or anxiety - for example Gwent county council, Herfordshire County Council. There was also a solictors firm in Leeds (sorry forgot details) who had a lot of useful hints and prompts.

So it took a lot of work but basically with an effort and reading what others have gone through, you can play those so called Health Professionals at their own game.

Good luck
x

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Mandatory Recon 4 months 3 weeks ago #249015

Thanks CazzieB for your feedback, it will be very useful to other forum members in giving them the strength not to give up, like so many do.

Congratulations on your result.

Gary

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