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mandatory reconsideration-mental health disregard
- Alex
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5 years 9 months ago #235127 by Alex
assessment report & mandatory reconsideration was created by Alex
Hi
I have received an award for standard rate for daily living & mobility which is lower than my previous DLA. I was shocked. My doctor, friends and family are appalled...
My questions:
1. How could I obtain the assessment medical report? Where to write to get a copy?
2. Is there any help how to write Mandatory Reconsideration Letter? Any guide? Template? Examples? Where to address such a letter so that it won't get lost?
I very much appreciate if a link could be inserted in the reply.
Thank you in advance.
Alex
I have received an award for standard rate for daily living & mobility which is lower than my previous DLA. I was shocked. My doctor, friends and family are appalled...
My questions:
1. How could I obtain the assessment medical report? Where to write to get a copy?
2. Is there any help how to write Mandatory Reconsideration Letter? Any guide? Template? Examples? Where to address such a letter so that it won't get lost?
I very much appreciate if a link could be inserted in the reply.
Thank you in advance.
Alex
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- Gordon
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5 years 9 months ago #235135 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic assessment report & mandatory reconsideration
Alex
PIP is a stricter test than DLA so many claimants whose conditions have not changed will receive a lower award just because of the criteria, however, also the criteria for DLA HRC has no equivalent under PIP.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
PIP is a stricter test than DLA so many claimants whose conditions have not changed will receive a lower award just because of the criteria, however, also the criteria for DLA HRC has no equivalent under PIP.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Alex
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5 years 9 months ago #235254 by Alex
Replied by Alex on topic assessment report & mandatory reconsideration
Thank you so much, Gordon for your detailed reply. I did ask for the assessment report in my letter to DWP in June - no reply up to now. I will phone them tomorrow and start composing my Mandatory Reconsideration letter.
Is it OK if I write a Mandatory Reconsideration letter and explaining why I disagree with their decision or should I send my request in writing and they sent me a form ? A friend of mine found a template form CRMR1 01/18. I have not heard of such a form. Is it obligatory to use it or not?
I have another question as well. I don’t think that the extent of my mobility problems has been adequately assessed. The DWP award letter stated that “physical examination showed you had reduced movements in your right and left legs and power in both legs was significantly reduced. You were observed to walk aided for 10 meters at a slow pace with a limping gait… I decided you can stand and move using an aid or appliance more than 20 metres but no more than 50 meters”. In reality, I have been on crutches, my cousin assisted me holding my body; I had to stop because doing this caused me significant pain and then I couldn’t walk for the rest of the day. - HOW the decision maker can DECIDE that I can walk more than 20 metres? I had to take more than my daily dosage of strong painkillers, I had to rest a lot preparing myself for that stressful meeting and was in need of rest for some days after that. There is so much to say and explain but I am aware that they would not read lengthy letters. I suspect there must errors in the report. What if they won't send the report to me on time? I have less than one month of their deadline. Thank you, Gordon again for your invaluable suggestions. Kind regards. Alex
Is it OK if I write a Mandatory Reconsideration letter and explaining why I disagree with their decision or should I send my request in writing and they sent me a form ? A friend of mine found a template form CRMR1 01/18. I have not heard of such a form. Is it obligatory to use it or not?
I have another question as well. I don’t think that the extent of my mobility problems has been adequately assessed. The DWP award letter stated that “physical examination showed you had reduced movements in your right and left legs and power in both legs was significantly reduced. You were observed to walk aided for 10 meters at a slow pace with a limping gait… I decided you can stand and move using an aid or appliance more than 20 metres but no more than 50 meters”. In reality, I have been on crutches, my cousin assisted me holding my body; I had to stop because doing this caused me significant pain and then I couldn’t walk for the rest of the day. - HOW the decision maker can DECIDE that I can walk more than 20 metres? I had to take more than my daily dosage of strong painkillers, I had to rest a lot preparing myself for that stressful meeting and was in need of rest for some days after that. There is so much to say and explain but I am aware that they would not read lengthy letters. I suspect there must errors in the report. What if they won't send the report to me on time? I have less than one month of their deadline. Thank you, Gordon again for your invaluable suggestions. Kind regards. Alex
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- Gary
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5 years 9 months ago #235285 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic assessment report & mandatory reconsideration
Hi Alex
You can do either, I usually use the CRMR1 form, you can add extra pages but remember to add you name and National Insurance number, I would also number the pages.
Have a look in the 'Members only Guide' under PIP there is a detailed 49 page guide that can be used by claimants and support workers alike to challenge PIP decisions via mandatory reconsideration and appeal.
As Gordon stated below 'Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation'.
Gary
You can do either, I usually use the CRMR1 form, you can add extra pages but remember to add you name and National Insurance number, I would also number the pages.
Have a look in the 'Members only Guide' under PIP there is a detailed 49 page guide that can be used by claimants and support workers alike to challenge PIP decisions via mandatory reconsideration and appeal.
As Gordon stated below 'Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation'.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Alex
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5 years 8 months ago #235393 by Alex
Replied by Alex on topic assessment report & mandatory reconsideration
Thank you, Gary
I am working on my letter - the guides are very helpful. I phoned to DWP requesting the second time a copy of my assessment report - they promised to put it on the post. They also said that MANDATORY RECONSIDERATION HAS TO BE REGISTERED! I type it in capital letters so other members will not miss it. They have registered MR for me on the phone. I noted the date, time and the name of the person I spoke to.
I will continue to work on my letter and come back with questions as Goron suggested.
Thank you
Alex
I am working on my letter - the guides are very helpful. I phoned to DWP requesting the second time a copy of my assessment report - they promised to put it on the post. They also said that MANDATORY RECONSIDERATION HAS TO BE REGISTERED! I type it in capital letters so other members will not miss it. They have registered MR for me on the phone. I noted the date, time and the name of the person I spoke to.
I will continue to work on my letter and come back with questions as Goron suggested.
Thank you
Alex
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- Alex
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5 years 8 months ago #235441 by Alex
Replied by Alex on topic assessment report & mandatory reconsideration
Hello,
I am slowly working on my Mandatory reconsideration request. Would you mind to see what I wrote regarding the mobility part? Any suggestions are highly appreciated.
Thanks
Alex
MOVING AROUND / MOBILITY
The decision maker has awarded me 10 points (descriptor 12d) on the Mobility activity ‘you can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres’. I don’t believe that the descriptor 12d is an accurate reflection of the problems I have, as I am unable to bear my weight at all. I believe that the correct descriptor is 12e (12 points) as I can walk no more than 20 metres, have to stop, rest within that distance experiencing stabbing pains in my hips and knees, pain in spine and other joints. My fingers are affected by osteoarthritis, wrists are weak, affected by fractures and numbness from Carpal Tunnel problem; I am loosing muscles in my hands.
Evidence: GP’s letter enclosed; Carpal Tunnel Nerve Conduction Test; please see the List of the Medical Records/evidence enclosed. The Statement of Entitlement letter sounds contradictory to my medical tests/documents. In the Statement of Entitlement is written that I have ‘normal fist and finger thumb grip in both hands…grip crutches to transfer your body weight whilst walking’. I was able to move on crutches, but my mobility is extremely limited. I have no a single day without pain, which can vary in intensity, but never goes away, despite taking strong painkillers. During the assessment my carer has mentioned that I had double the amount of my painkillers to be able to move to make it there and home again. For the remainder of that day and the whole of the following day, I was in so much pain I couldn’t move around my home comfortably at all. I feel that the effect of my significant pain and fatigue on walking has not taken fully into account.
I cannot carry out the mobility activity reliably, repeatedly and at a reasonable speed –I move in a slow manner, I shuffle instead of walking properly; pain cause me to stop and rest before I can continue. It is unsafe to move without help from another person. Orthopaedics consultant XXX XXXX (XXXX hospital) has told me that I have to be extra careful when moving and take every care to avoid further falls. With my severe osteoporosis and osteoarthritis even minor fall could lead to broken spine/bones again. The latest Clinical report is of 2019 and earlier reports were enclosed with my PIP claim form and sent on 18th March 2019.
I am slowly working on my Mandatory reconsideration request. Would you mind to see what I wrote regarding the mobility part? Any suggestions are highly appreciated.
Thanks
Alex
MOVING AROUND / MOBILITY
The decision maker has awarded me 10 points (descriptor 12d) on the Mobility activity ‘you can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres’. I don’t believe that the descriptor 12d is an accurate reflection of the problems I have, as I am unable to bear my weight at all. I believe that the correct descriptor is 12e (12 points) as I can walk no more than 20 metres, have to stop, rest within that distance experiencing stabbing pains in my hips and knees, pain in spine and other joints. My fingers are affected by osteoarthritis, wrists are weak, affected by fractures and numbness from Carpal Tunnel problem; I am loosing muscles in my hands.
Evidence: GP’s letter enclosed; Carpal Tunnel Nerve Conduction Test; please see the List of the Medical Records/evidence enclosed. The Statement of Entitlement letter sounds contradictory to my medical tests/documents. In the Statement of Entitlement is written that I have ‘normal fist and finger thumb grip in both hands…grip crutches to transfer your body weight whilst walking’. I was able to move on crutches, but my mobility is extremely limited. I have no a single day without pain, which can vary in intensity, but never goes away, despite taking strong painkillers. During the assessment my carer has mentioned that I had double the amount of my painkillers to be able to move to make it there and home again. For the remainder of that day and the whole of the following day, I was in so much pain I couldn’t move around my home comfortably at all. I feel that the effect of my significant pain and fatigue on walking has not taken fully into account.
I cannot carry out the mobility activity reliably, repeatedly and at a reasonable speed –I move in a slow manner, I shuffle instead of walking properly; pain cause me to stop and rest before I can continue. It is unsafe to move without help from another person. Orthopaedics consultant XXX XXXX (XXXX hospital) has told me that I have to be extra careful when moving and take every care to avoid further falls. With my severe osteoporosis and osteoarthritis even minor fall could lead to broken spine/bones again. The latest Clinical report is of 2019 and earlier reports were enclosed with my PIP claim form and sent on 18th March 2019.
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