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Mandatory Reconsideration
- BoATerSE
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1 day 21 hours ago #312807 by BoATerSE
Mandatory Reconsideration was created by BoATerSE
My first PIP was awarded in 2023. They've asked me to be reassessed. I completed and submitted the form and had a 2 hour telephone assessment. I've got a copy of the Form PA4 and the assessor has recommended zero points on every descriptor. In 2023 I got standard for both daily needs and mobility. My life changing injuries are from a road traffic accident. How they think I've suddenly got new legs and arms in 2 years remains only known to the assessor. The PA4 is full of assumptions and contradictions. On the phone she kept interrupting and not letting me finish what I was saying.
So, I'm now in the process of submitting a MR. I've been told they don't read them in the hope that the claimant gives up after a second "no" decision. However, I've also heard that if you stay with the process and initiate your case going to tribunal then the DWP all of a sudden capitulate because they know the time, effort and cost will not be worth it for them. Any thoughts on this would be appreciated.
So, I'm now in the process of submitting a MR. I've been told they don't read them in the hope that the claimant gives up after a second "no" decision. However, I've also heard that if you stay with the process and initiate your case going to tribunal then the DWP all of a sudden capitulate because they know the time, effort and cost will not be worth it for them. Any thoughts on this would be appreciated.
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- BIS
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4 hours 44 minutes ago #312820 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Mandatory Reconsideration
Hi BoAterSEE
Please do not take your advice from social media if that's what you've been reading. It is just not true to say they don't read them or to think that the DWP always capitulates and changes their mind before a Tribunal.
Only 27% of Mandatory Reconsiderations are successful - so it is not easy to win them. That does't mean the DWP didn't read them - they just didn't want to change the original decision. When it comes to Appeals, the story is more positive, with over 65% of Tribunals won by the claimants (though the number is dropping).
Do the DWP ring some claimants before the tribunal and make the claimant a new offer? Yes, but it's not always the one they want or expect. It's the claimant's choice whether they accept or not, but an offer is by no means made to everyone who submits an appeal.
I don't know what your PA4 is like, but don't waste a lot of time on issues like poor spelling or typos. or the assessor not giving you time to answer. I'm not saying these don't matter but they can be dealt with in one paragraph at the end or in a separate formal complaint. The only thing that changes a decision is showing them they were mistaken in thinking you don't meet the PIP criteria and pointing them to the evidence that you do. Use terms such as the assessor was "mistaken", they "Ommitted.." they "misunderstood..." etc. And however angry you are about the report, don't call them out as a 'liar', even if it's tempting or accurate. (I know you haven't hinted that you might - but I always mention it to people).
BIS
Please do not take your advice from social media if that's what you've been reading. It is just not true to say they don't read them or to think that the DWP always capitulates and changes their mind before a Tribunal.
Only 27% of Mandatory Reconsiderations are successful - so it is not easy to win them. That does't mean the DWP didn't read them - they just didn't want to change the original decision. When it comes to Appeals, the story is more positive, with over 65% of Tribunals won by the claimants (though the number is dropping).
Do the DWP ring some claimants before the tribunal and make the claimant a new offer? Yes, but it's not always the one they want or expect. It's the claimant's choice whether they accept or not, but an offer is by no means made to everyone who submits an appeal.
I don't know what your PA4 is like, but don't waste a lot of time on issues like poor spelling or typos. or the assessor not giving you time to answer. I'm not saying these don't matter but they can be dealt with in one paragraph at the end or in a separate formal complaint. The only thing that changes a decision is showing them they were mistaken in thinking you don't meet the PIP criteria and pointing them to the evidence that you do. Use terms such as the assessor was "mistaken", they "Ommitted.." they "misunderstood..." etc. And however angry you are about the report, don't call them out as a 'liar', even if it's tempting or accurate. (I know you haven't hinted that you might - but I always mention it to people).
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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