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Mandatory Reconsideration for single component
- ellm62
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6 years 1 month ago #228883 by ellm62
Mandatory Reconsideration for single component was created by ellm62
Hi, I received Enhanced Daily Living and Standard Mobility for 3 years without a face to face using information from this site.
Unfortunately I had no money to resubscribe at the time of my award review, and this has resulted in a reduction from Enhanced Daily Living to Standard Daily Living.
We have kept a fairly tidy claim file. I have full support of my GP. I currently do not have an assigned consultant, but have in the past, and will do again whenever they get round to it (I hear there's a delay in NHS mental health services??)
I would like to know where is the best place to find out how strong our evidence is to challenge a single component of the DWPs recent decision. Only Daily Living. Not the award length, or the Mobility component decision.
There are a number of Daily Component activity decisions that are inaccurate, and that we believe we could comfortably provide evidence to get changed, however the main activity we want to challenge the decision for (and ironically, the activity relating to the reason we claim PIP in the first place...), will provide enough points to put us back to the Enhanced rate of Daily Living.
Should we pull apart their whole decision and get everything changed to reflect how my conditions really affect me? Or only push for the one "main" inaccuracy (for which they already have plenty of evidence for, and for which we can supply fresh evidence towards), and just tip us over the edge.
Any advice appreciated. Thanks.
Unfortunately I had no money to resubscribe at the time of my award review, and this has resulted in a reduction from Enhanced Daily Living to Standard Daily Living.
We have kept a fairly tidy claim file. I have full support of my GP. I currently do not have an assigned consultant, but have in the past, and will do again whenever they get round to it (I hear there's a delay in NHS mental health services??)
I would like to know where is the best place to find out how strong our evidence is to challenge a single component of the DWPs recent decision. Only Daily Living. Not the award length, or the Mobility component decision.
There are a number of Daily Component activity decisions that are inaccurate, and that we believe we could comfortably provide evidence to get changed, however the main activity we want to challenge the decision for (and ironically, the activity relating to the reason we claim PIP in the first place...), will provide enough points to put us back to the Enhanced rate of Daily Living.
Should we pull apart their whole decision and get everything changed to reflect how my conditions really affect me? Or only push for the one "main" inaccuracy (for which they already have plenty of evidence for, and for which we can supply fresh evidence towards), and just tip us over the edge.
Any advice appreciated. Thanks.
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- Gordon
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6 years 1 month ago #228922 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory Reconsideration for single component
ellm
To score higher you must show that you meet the criteria to do so, so this must be the primary focus of any request for an MR, however, this does not mean that you should not address other issues that you might see in the Decision, just do so tactically.
So feel free to go through the assessment report but stick to issues that specifically lead to your scoring points and do so wherever you can by reference back into your own testimony and evidence, it's a lot easier to undermine the assessor's opinions and recommendation than to challenge them head-on.
Gordon
To score higher you must show that you meet the criteria to do so, so this must be the primary focus of any request for an MR, however, this does not mean that you should not address other issues that you might see in the Decision, just do so tactically.
So feel free to go through the assessment report but stick to issues that specifically lead to your scoring points and do so wherever you can by reference back into your own testimony and evidence, it's a lot easier to undermine the assessor's opinions and recommendation than to challenge them head-on.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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