- Posts: 34
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- Mandatory reconsideration - how much detailis needed?
× Members
Mandatory reconsideration - how much detailis needed?
- Mason
- Topic Author
- Offline
Less More
1 week 6 days ago #315514 by Mason
Mandatory reconsideration - how much detailis needed? was created by Mason
Hi there - looking at your excellent guide on MR and appeals and challenging a medical report. Can you challenge the report at the MR stage or is that more at appeal? How much detail is needed at MR if it is difficult to get evidence (the joy of managing long term health conditions and the medical lot just letting you get on with it)? Given how stressful it is and how few decisions get overturned at MR stage is it better to do less just to get you to the next stage of appeal? I know that in itself is long and stressful though.
Anyway - interested in your thoughts.
Anyway - interested in your thoughts.
Please Log in or Create an account to join the conversation.
- David
- Offline
Less More
- Posts: 4154
1 week 5 days ago #315520 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Mandatory reconsideration - how much detailis needed?
Hi Mason
Is this relating to PIP or to a WCA outcome?
David
Is this relating to PIP or to a WCA outcome?
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Mason
- Topic Author
- Offline
Less More
- Posts: 34
1 week 4 days ago #315540 by Mason
Replied by Mason on topic Mandatory reconsideration - how much detailis needed?
Hi David, sorry about that - it would have helped wouldn't it?! It's PIP.
Thanks
Thanks
Please Log in or Create an account to join the conversation.
- David
- Offline
Less More
- Posts: 4154
1 week 3 days ago #315546 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Mandatory reconsideration - how much detailis needed?
Hi Mason
It is not possible to answer your question without going into detail about your health and its effect on your daily life.
Have a read of the PIP MR guide and let us know how you get on.
benefitsandwork.co.uk/personal-independe...ory-reconsiderations
David
It is not possible to answer your question without going into detail about your health and its effect on your daily life.
Have a read of the PIP MR guide and let us know how you get on.
benefitsandwork.co.uk/personal-independe...ory-reconsiderations
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Mason
- Topic Author
- Offline
Less More
- Posts: 34
1 week 3 days ago #315553 by Mason
Replied by Mason on topic Mandatory reconsideration - how much detailis needed?
Hi David, thanks for this. I had a look at the guide but it seemed as though the bulk of it describing how to respond to the decision maker/assessor report (e.g. - descriptor 5b awarded x but the assessor didn't take into account y) was under the appeal bit rather than MR. The MR letter template seems to say (to paraphrase) that you need to say what you want the DWP to reconsider and any further evidence.
Main issues are pain, fatigue and overwhelm through combination of ME/CFS and autism. I don't think that the DM took into account the reliably, safely, acceptable standard or that the nature of the conditions fluctuate. The report says things like "reports overwhelm and pain from cooking and can become breathless but doesn't use painkillers, used to attend pain management and didn't sound breathless on the phone" which I would respectfully say is missing the point!! Still waiting for the decision so hopefully MR won't be needed - but not counting on it!
Main issues are pain, fatigue and overwhelm through combination of ME/CFS and autism. I don't think that the DM took into account the reliably, safely, acceptable standard or that the nature of the conditions fluctuate. The report says things like "reports overwhelm and pain from cooking and can become breathless but doesn't use painkillers, used to attend pain management and didn't sound breathless on the phone" which I would respectfully say is missing the point!! Still waiting for the decision so hopefully MR won't be needed - but not counting on it!
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 10547
1 week 3 days ago #315565 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Mandatory reconsideration - how much detailis needed?
Hi Mason
"Didn't sound breathless over the phone" - is a commonplace comment that so many of the assessors are using. It's ridiculous/ And many of them ignore the 'reliability" criteria.
I hope you get a positive outcome.
BIS
"Didn't sound breathless over the phone" - is a commonplace comment that so many of the assessors are using. It's ridiculous/ And many of them ignore the 'reliability" criteria.
I hope you get a positive outcome.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: latetrain, BIS, Catherine12345, Chris, David, Forum Moderator