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TOPIC: Queiry! Mandatory Reconsideration Notice.

Queiry! Mandatory Reconsideration Notice. 2 months 1 week ago #217686

When applying for a mandatory reconsideration are the DM's supposed to re-assess the whole of a claim or are they allowed to choose to randomly pick 1 or 2 of the activities.

The MR notice I received states; 'I have only considered the following activities that you have disputed as you only need to reach the threshold of 15 points for the schedule 2 descriptors to qualify for ESA, Reaching, Using your hands.
The information provided in the MR was for re assessment of at least 5 activities.

The reason given for activity 'using your hands' Turning pages of a book, the DM states although you cannot hold or turn pages of a book due to rheumatoid arthritis in your clawed hands and fingers, you say you can use a kindle and are able to swipe the pages with your knuckles, giving me 0 points, Is this fair.
They have also ignored that I could not pick up a pound coin due to chronic pain,inflammation, fused joints and clawed fingers. I would really like to ring them to ask why they never re assessed the whole claim.

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Queiry! Mandatory Reconsideration Notice. 2 months 1 week ago #217700

pippers

They should reconsider the whole award. in reality, they are only going to look at activities that you or the assessor expected you to score points for.

The legal test for dexterity is

Cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand.

So the DM is incorrect is suggesting that swiping on a Kindle is the same as turning a page in a book! Meeting the above criteria would qualify a claimant for the Support Group, however, although it also scores 15 points, being unable to pick up a £1 coin does not.

Given the DMs statement that they accept that you cannot turn the page of a book then I think it is worth your contacting the DWP again otherwise you would need to pursue an appeal which could easily take the best part of a year.


Gordon

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

Queiry! Mandatory Reconsideration Notice. 2 months 6 days ago #217731

Thank you Gordon,

One more question if you don't mind,

Activity 5. a, Cannot pick up and move a 0.5 litre carton full of liquid with either hand.
Would the fact that I have stated I can manage to pick up a 0.5 lire carton of liquid with the heels of both palms simultaneously does that mean I can do this activity ? Which is another activity they say I don't get points for.

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Queiry! Mandatory Reconsideration Notice. 2 months 6 days ago #217735

Pippers

I had to go back to the legislation to check as your quote of the Descriptor did not ring true. It actually reads

4. Picking up and moving or transferring by the use of the upper body and arms.
(a) Cannot pick up and move a 0.5 litre carton full of liquid.

as you can see there is no requirement for the hands to be used, that and your admission that you can move the carton means that you would not score.

Gordon

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