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Mandatory decision
- buzz bee
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5 years 8 months ago #235932 by buzz bee
Mandatory decision was created by buzz bee
Last week I was put on standard care rate with a score of 11 and was awarded mobility standard rate with a score of 10 points , today I got my results from mri scan which shows I have two protruding discs plus severe stenosis all in lower back do you think this will give me another two points so I can keep my mobility car?
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- BIS
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5 years 8 months ago #235935 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Mandatory decision
Hi buzzbee
We cannot give a view on what you might be awarded if you choose to challenge a decision. It is never the medical condition itself, it is how it impacts on your daily life. As you have had the decision your only choice is to go for a mandatory reconsideration and present your new evidence. I am assuming you had already mentioned that you had back problems in your original claim?
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.
BIS
We cannot give a view on what you might be awarded if you choose to challenge a decision. It is never the medical condition itself, it is how it impacts on your daily life. As you have had the decision your only choice is to go for a mandatory reconsideration and present your new evidence. I am assuming you had already mentioned that you had back problems in your original claim?
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.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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