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Worth requesting MR?
- Sophie
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20 hours 20 minutes ago #314101 by Sophie
Worth requesting MR? was created by Sophie
Hi All, I would be very grateful for your thoughts.
Received results of PIP application and have seen the decision maker either missed or ignored something I said in my application form, which has influenced the outcome.
Under the making food section, I specifically noted that I cannot use a perching stool as my kitchen is small and to use one would require moving the stool around to use/access different parts of the room (eg oven, fridge, microwave). Rather than helping with my symptoms this would make them worse (fatigue). However the decision maker, in their summary has said I should use a perching stool and has assigned the descriptor ‘can make food with an aid’ which goes completely against what I said.
Another point worth noting is that I am 5 months beyond the deadline for asking for an MR due to a parent becoming severely unwell and being in hospital in the run up to me receiving the decision letter, and then needing significant care support in the following months. This has severely impacted my cognitive and physical ability to deal with anything other than emergency care for my parent, including the PIP decision letter.
For those more experienced than me, do you think it would be worth submitting a MR request?
Many thanks in advance for your thoughts.
Received results of PIP application and have seen the decision maker either missed or ignored something I said in my application form, which has influenced the outcome.
Under the making food section, I specifically noted that I cannot use a perching stool as my kitchen is small and to use one would require moving the stool around to use/access different parts of the room (eg oven, fridge, microwave). Rather than helping with my symptoms this would make them worse (fatigue). However the decision maker, in their summary has said I should use a perching stool and has assigned the descriptor ‘can make food with an aid’ which goes completely against what I said.
Another point worth noting is that I am 5 months beyond the deadline for asking for an MR due to a parent becoming severely unwell and being in hospital in the run up to me receiving the decision letter, and then needing significant care support in the following months. This has severely impacted my cognitive and physical ability to deal with anything other than emergency care for my parent, including the PIP decision letter.
For those more experienced than me, do you think it would be worth submitting a MR request?
Many thanks in advance for your thoughts.
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- BIS
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13 hours 57 minutes ago #314111 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Worth requesting MR?
Hi Sophie
I can't tell you what to do here. Whether you want to put in for a Mandatory Reconsideration is your choice, but I do think there are some things you might want to consider before making a decision. If still unsure at the end - go with your gut instinct.
You say that the assessor wrongly recorded your use of a perching stool and this has influenced the outcome. The question to ask yourself is, what difference has this made? Please don't think I'm dismissing the error - I'm not, but even people who have been awarded enhanced for both parts often find there are errors in their report. The issue is how costly do you think this error is. Have you possibly missed out on some points that impact your award? If you have been given a standard award and not enhanced then you might want to challenge it. If however, you have been awarded enhanced then only you can decide if it's worth challenging it. I can tell you now, the DWP are unlikely to change it if you already have enhanced. If you didn't get an award at all then you will probably want to challenge it.
I asked what difference does it make because the assessor's attitude to you using a perching stool could actually influence other questions - affected by your fatigue - such as taking a shower or bath or getting dressed. One seemingly unrelated issue can easily be attached to and influence another question. Only you will know whether that's a possibility.
You have the decision letter - but you haven't mentioned an assessment report. That is a PA4/ You can ring and ask for a copy of the report, and it will give you more information on how they came to their decision, which does not necessarily appear in the decision letter. It can be helpful in making an argument for your mandatory reconsideration.
You can still put in for a late Mandatory Reconsideration and say that it is because of your circumstances surrounding your very ill parent. You have 13 months from the date on your decision letter.
BIS
I can't tell you what to do here. Whether you want to put in for a Mandatory Reconsideration is your choice, but I do think there are some things you might want to consider before making a decision. If still unsure at the end - go with your gut instinct.
You say that the assessor wrongly recorded your use of a perching stool and this has influenced the outcome. The question to ask yourself is, what difference has this made? Please don't think I'm dismissing the error - I'm not, but even people who have been awarded enhanced for both parts often find there are errors in their report. The issue is how costly do you think this error is. Have you possibly missed out on some points that impact your award? If you have been given a standard award and not enhanced then you might want to challenge it. If however, you have been awarded enhanced then only you can decide if it's worth challenging it. I can tell you now, the DWP are unlikely to change it if you already have enhanced. If you didn't get an award at all then you will probably want to challenge it.
I asked what difference does it make because the assessor's attitude to you using a perching stool could actually influence other questions - affected by your fatigue - such as taking a shower or bath or getting dressed. One seemingly unrelated issue can easily be attached to and influence another question. Only you will know whether that's a possibility.
You have the decision letter - but you haven't mentioned an assessment report. That is a PA4/ You can ring and ask for a copy of the report, and it will give you more information on how they came to their decision, which does not necessarily appear in the decision letter. It can be helpful in making an argument for your mandatory reconsideration.
You can still put in for a late Mandatory Reconsideration and say that it is because of your circumstances surrounding your very ill parent. You have 13 months from the date on your decision letter.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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