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DLA Renewal - worth requesting a mandatory recon?

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9 years 9 months ago #139207 by 6Quarks
Hello there,

I've just received my decision for my recent DLA renewal application (PIP hasn't arrived in my area yet), and they have downgraded my Carer component from high to middle due to 'night watching over' despite all that I included in my form. Despite it being a lifetime condition - Bipolar - they have only given me an award for 3 years.

I'm wondering if requesting an mandatory reconsideration is worth the risk - although it is fairly obvious that my condition is the same in the day as the night (and therefore I need the same amount of care.

Frankly, filling out the form had a serious impact on my health, and I'm worried that:
1. I'll ask for an MR and they will be jerks and downgrade me for trying to appeal.
2. That I'll then have to go to a tribunal.

Has anyone here had any success from a mandatory reconsideration? I don't really know what to do here....I'm also aware that PIP could land at any moment, although a member of the DWP I spoke to about it, said that it would probably be 'a few years yet'.

Advice please!

Best wishes,
Q :S

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9 years 9 months ago #139239 by Gordon
Quarks

It's a decision that only you can make.

If you request an MR then the DWP will review your claim in full, they most certainly cannot reduce your claim because you have done this.

There seems to be no argument that you have substantial care needs, just whether you need it both day and night.

Revision rates at MR are quite low, probably no more than 10% but we do regularly see members successful at this stage.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 years 9 months ago - 9 years 9 months ago #139287 by 6Quarks
Thanks Gordon. What happens to my payments if I request a mandatory recon? Will they be suspended until a decision is made?

I'm still scared to request an MR, even though I have a good argument and I don't think they read through my bit about care thoroughly on my original form. Completing the form already caused me months of stress, and I am just trying to gauge if requesting an MR is worth it, seeing that they can then start harassing you by telephone for further information, etc, as I have read in the guides here.
Last edit: 9 years 9 months ago by bro58.

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9 years 9 months ago - 9 years 9 months ago #139289 by 6Quarks
Hello there, sorry...a second question. Can an award be REDUCED in an MR or is that only a risk if you go to appeal? So, can an award only stay the same or be improved upon with an MR?

Sorry, I'm just trying to gauge risk, and I'm not finding whether or not your award can be reduced or even taken away at the MR stage.

Best wishes,
Q
Last edit: 9 years 9 months ago by bro58.

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  • bro58
9 years 9 months ago #139306 by bro58

Quarks wrote: Thanks Gordon. What happens to my payments if I request a mandatory recon? Will they be suspended until a decision is made?

I'm still scared to request an MR, even though I have a good argument and I don't think they read through my bit about care thoroughly on my original form. Completing the form already caused me months of stress, and I am just trying to gauge if requesting an MR is worth it, seeing that they can then start harassing you by telephone for further information, etc, as I have read in the guides here.


Hi Q,

You will continue to receive your payments with respect to your current award whilst the MR is ongoing.

If the MR does not change the current decision you will also continue to receive the same payments right up until an Appeal Hearing, if you go on to appeal.

They do not always ring you, and you can insist that all correspondence is dealt with in writing if you want.

bro58

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  • bro58
9 years 9 months ago #139307 by bro58

Quarks wrote: Hello there, sorry...a second question. Can an award be REDUCED in an MR or is that only a risk if you go to appeal? So, can an award only stay the same or be improved upon with an MR?

Sorry, I'm just trying to gauge risk, and I'm not finding whether or not your award can be reduced or even taken away at the MR stage.

Best wishes,
Q


Hi Q,

Your current award can be reduced or taken away at MR without prior warning, although any such decision would be appealable.

If you go on to appeal, a Tribunal Panel have to pre-warn you verbally and give you the opportunity to withdraw your appeal if they consider that they may reduce or take a away your existing award.

bro58

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