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Mandatory reconsideration decision
- Anji
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6 months 4 days ago #291327 by Anji
Mandatory reconsideration decision was created by Anji
Well, the DWP told me they had sent the MR letter to my son on 26th April and as it still hasn’t arrived he rang them today. And…despite sending loads of evidence including a 15 page supporting letter from his ADHD clinic he has been awarded NOTHING!!
They told him he couldn’t lodge an appeal until he received the letter which they say should arrive next week which is going to be very close to a month from the decision.
Still, we fight on!!!
Anji
They told him he couldn’t lodge an appeal until he received the letter which they say should arrive next week which is going to be very close to a month from the decision.
Still, we fight on!!!
Anji
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- Gary
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6 months 4 days ago #291344 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Mandatory reconsideration decision
Hi Anji
I assume that from your previous posts we are talking about PIP, in which case you need to ask for a copy of the assessors report if you have not already done so.
The information given to your son is correct. The MR letter contains information that you need when you do an online appeal.
If you have the assessors report, you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Your next stage will be to produce a submission for the appeal.
Gary
I assume that from your previous posts we are talking about PIP, in which case you need to ask for a copy of the assessors report if you have not already done so.
The information given to your son is correct. The MR letter contains information that you need when you do an online appeal.
If you have the assessors report, you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Your next stage will be to produce a submission for the appeal.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Sheila 966
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6 months 4 days ago #291356 by Sheila 966
Replied by Sheila 966 on topic Mandatory reconsideration decision
Morning Anji,
This is ridiculous, I am so sorry, I was convinced that your son would get his award - from memory they based turning him down soley on the typo in the ADHD Clinicians report - so how on earth they justify not making an award when you have submitted evidence confirming the typo and his condition as well as limitations arising from it is disgusting.
As you said, fight on ..... hopefully raising the Appeal will get someone of sufficient standing at the DWP to go over the evidence and intervene before you have to go to a hearing - I sincerely hope so.
Keeping everything crossed for you.
Sheila
This is ridiculous, I am so sorry, I was convinced that your son would get his award - from memory they based turning him down soley on the typo in the ADHD Clinicians report - so how on earth they justify not making an award when you have submitted evidence confirming the typo and his condition as well as limitations arising from it is disgusting.
As you said, fight on ..... hopefully raising the Appeal will get someone of sufficient standing at the DWP to go over the evidence and intervene before you have to go to a hearing - I sincerely hope so.
Keeping everything crossed for you.
Sheila
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- Anji
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6 months 3 days ago #291367 by Anji
Replied by Anji on topic Mandatory reconsideration decision
Hi Gary
Thanks yes I am referring to PIP, sorry. But this is the MR decision. Will there be another assessor’s report or just a decision letter?
Thanks!
Anji
Thanks yes I am referring to PIP, sorry. But this is the MR decision. Will there be another assessor’s report or just a decision letter?
Thanks!
Anji
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- Gordon
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6 months 3 days ago #291373 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration decision
A
You will receive a Mandatory Reconsideration Notice. there is no further assessment as part of the MR process.
Gordon
You will receive a Mandatory Reconsideration Notice. there is no further assessment as part of the MR process.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Anji
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6 months 3 days ago #291381 by Anji
Replied by Anji on topic Mandatory reconsideration decision
Sheila, thanks!! I know you and others have been routing for us. It is really ridiculous so it’ll be interesting to see what the MR letter says…
I’ll let you know on what they’re basing their decision when the letter arrives. When we got the letter from his clinic I really thought it would help. But, hey…I’m convinced they’re just trying to put people off. However it just makes me more determined to fight!!!
I’ll let you know on what they’re basing their decision when the letter arrives. When we got the letter from his clinic I really thought it would help. But, hey…I’m convinced they’re just trying to put people off. However it just makes me more determined to fight!!!
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