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Mandatory Reconsideration query
- john
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6 years 1 month ago #207780 by john
Mandatory Reconsideration query was created by john
Hello,
I’ve just received my decision letter regarding moving from DLA to PIP.
I have been awarded enhanced mobility and standard daily living.
At first I was very relieved, as I was extremely anxious about the possibility of losing my motability vehicle as I would have to give up work.
However after reading the decision letter I now have some concerns. I was awarded 12 points for mobility which I agree with for the daily living I was awarded 8 points. However when I checked the individual questions there are at least 3 possibly 4 questions where I believe I should have scored higher both from my written paperwork and my answers at face to face. This would put me way above the threshold for enhanced daily living component.
My questions are;
If I request a mandatory reconsideration will I still get the payments I’ve been awarded whilst waiting for the reconsideration?
Secondly, i’ve heard you can actually be downgraded at mandatory reconsideration. Is this a common problem, is it likely that they would change my enhanced mobility to standard? As that could risk me losing my motability vehicle and end up having to give up work.
Finally my award is for around 32 months, this seems strange as there is no possibility of my symptoms improving, if anything I am only going to get worse. Can the length of award be reconsidered also?
Sorry if this post is getting long I’m just so confused.
Don’t know whether to just accept what I’ve been awarded instead of risking being downgraded. Yet when I look at the reasons I’ve been awarded lower scores it seems so wrong and obvious that I should have scored higher as if my answers have just been totally ignored.
Any help or advice will be greatly appreciated.
Thanks.
I’ve just received my decision letter regarding moving from DLA to PIP.
I have been awarded enhanced mobility and standard daily living.
At first I was very relieved, as I was extremely anxious about the possibility of losing my motability vehicle as I would have to give up work.
However after reading the decision letter I now have some concerns. I was awarded 12 points for mobility which I agree with for the daily living I was awarded 8 points. However when I checked the individual questions there are at least 3 possibly 4 questions where I believe I should have scored higher both from my written paperwork and my answers at face to face. This would put me way above the threshold for enhanced daily living component.
My questions are;
If I request a mandatory reconsideration will I still get the payments I’ve been awarded whilst waiting for the reconsideration?
Secondly, i’ve heard you can actually be downgraded at mandatory reconsideration. Is this a common problem, is it likely that they would change my enhanced mobility to standard? As that could risk me losing my motability vehicle and end up having to give up work.
Finally my award is for around 32 months, this seems strange as there is no possibility of my symptoms improving, if anything I am only going to get worse. Can the length of award be reconsidered also?
Sorry if this post is getting long I’m just so confused.
Don’t know whether to just accept what I’ve been awarded instead of risking being downgraded. Yet when I look at the reasons I’ve been awarded lower scores it seems so wrong and obvious that I should have scored higher as if my answers have just been totally ignored.
Any help or advice will be greatly appreciated.
Thanks.
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- Gordon
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6 years 1 month ago #207798 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration query
John
If you have an award of PIP then it will remain in payment while you request an MR.
An MR re-makes the Decision and can therefore result in any Decision that was originally available, this means that the DM can remove points or even an award if they do not feel it is justified.
I can't give statistics for this, we do not see it often, but we do see it perhaps once or twice a month, there would have to be something fundamentally wrong with the original Decision for this to happen..
The award length is part of the Decision and therefore can be challenged, however, be aware it is rare to see this revised, it does happen but the success rate is very low.
Before you make your Decision I would go back to the PIP Claim guide to make sure that you really meet the criteria for the extra points that you think you could score, take the Descriptors literally and if there are multiple elements, make sure that you meet all of them.
Gordon
If you have an award of PIP then it will remain in payment while you request an MR.
An MR re-makes the Decision and can therefore result in any Decision that was originally available, this means that the DM can remove points or even an award if they do not feel it is justified.
I can't give statistics for this, we do not see it often, but we do see it perhaps once or twice a month, there would have to be something fundamentally wrong with the original Decision for this to happen..
The award length is part of the Decision and therefore can be challenged, however, be aware it is rare to see this revised, it does happen but the success rate is very low.
Before you make your Decision I would go back to the PIP Claim guide to make sure that you really meet the criteria for the extra points that you think you could score, take the Descriptors literally and if there are multiple elements, make sure that you meet all of them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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