Mandatory Reconsideration Query

Torsie

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A couple of questions.

Has your daughter's DLA been re-assessed since she reached the age of 16? As an 8 year old she will have been assessed in comparison to children of the same age to determine her care and mobility needs, as an 18 year old she is treated as an adult.

You say you do not have the assessment report, have you requested a copy? If not then you can phone the DWP office that dealt with her claim and make a request although we recommend that you follow it up in writing.

The criteria for PIP are very different from those for DLA and the criteria are set at a level that would for the majority of DLA claimants result in a lower award. DLA looks at the care that a claimant needs whereas PIP looks at specific areas of daily activity. Finally, whilst the PIP2 claim form generally represents the criteria against which a claimant is assessed, it is easy to miss a vital element of the requirement and therefore fail to score points.

You have one month to make a Mandatory Reconsideration request so you might want to hold off doing so in the hope that of your receiving the assessment report and therefore being able to make a more detailed response.

You should certainly have a look at our PIP Claim guide to see whether you could have explained her problems in more detail or more in context to the criteria.

www.benefitsandwork.co.uk/help-for-claimants/pip

One of the things that the PIP2 form does not really cover is the need for activities to be carried out reliably and for the majority of the days for a claimant not to score points. Reliably means

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

So if you have not made use of these terms it is quite likely that your daughters abilities have been over assessed,

When you request the MR you can ask for time to submit more information and should be given 4 weeks to do so, although you need to be aware that the DWP are poor at counting the number of days, so returning information sooner rather than later is better.

If you have any questions then please reply to this post and we will do our best to help.

Gordon

SM

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I'm afraid "reliably" is not defined in regard to ESA, it is a PIP only term! The terms should be broadly applicable to most of the ESA Descriptors but you need to use the terms that ESA uses where available for effectiveness, so for example, ESA does not refer to "safety" but does the use the phrases "significant discomfort" or "significant exhaustion" in some Descriptors.

Have a look at the ESA Claim guides for more details

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

apricot wrote: I used the words in the boxes at the top of parts 1 and 2 on ESA50.
But this was ignored by HCP.

I am afraid, as I previously posted, these words have no special meaning for ESA and would have been treated as having no meaning other than their dictionary definition.

You can of course explain the issues you trying t explain using language more suitable to ESA as part of a Mandatory Reconsideration.

Gordon