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Mandatory reconsideration- wrong award

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wereallhere
wereallhere Community member Posts: 8 Listener
Hi,
I have recently been awarded standard daily for pip, which I am grateful for, but I really feel it should be enhanced. The assessor contradicts herself a lot on my report and goes against medical evidence. How do I start with a mandatory consideration? Can I call them and do it over the phone and is it worth it 

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  • woodbine
    woodbine Community member Posts: 12,134 Championing
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    When doing an MR you should concentrate on where you didn't score points but believe you should have and why, why do you think you should have scored 12+points for enhanced and how many did you score ?

    2024 Election won

  • wereallhere
    wereallhere Community member Posts: 8 Listener
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    I scored 10, but I believe it should have been a lot more. I scored points for mobility but don’t think I should have.  
  • nasturtium
    nasturtium Community member Posts: 376 Empowering
    edited September 2023
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    It is very strongly advised to do your Mandatory Reconsideration by letter and not started over the phone. Also the assessment report will only give the "opinions" of the assessor and it is not the assessment you are challenging it is the the award descision. In my opinion the assessment report is only useful if you want to complain about the assessment to the assesment provider. Do not fall into the "bear trap" of critisising the assessors report because that will not get you a PIP award.
    You must put your Mandatory Reconsideration in Letter format and do not telephone to request a MR because after you telephone it starts the clock ticking and they will do the MR without you providing vital and important extra written verbal anacdotal evidence and information to back up your claim. You have 1 month from the date of your decision letter to write a detailed MR letter explaining all of the problems you have with the activities and why you cannot complete the 12 PIP activities that apply to you Reliably (The word reliably is a very important word in PIP because it is enshrined in law as Regulation 4(2A) of the Social Security (Personal Independence Payment) Regulations 2013 read more here https://pipinfo.net/issues/reliably and here https://www.mypipassessment.co.uk/updates/what-are-the-reliability-criteria-that-are-used-during-the-pip-consultation/ )
    You also have 13 months to request a MR by Letter if you have a good reason for requesting a late MR for example the effects of your mental health or your disability stopped you form doing your MR or you were waiting for further medical evidence or advice from a welfare rights agency. If they refuse your MR letter for being late then you can go straight to appeal.
    You need to include real life incidents that happened when completing each PIP activity that applies to you. You need to describe in detail what happened, who witnessed it and what the consequences were.
    This link will give you advice on what you need to include on your MR letter for each activity. It is about filling in the PIP form but if you did not give detail on your PIP2 Questionnaire form then now is the time to resolve that by giving detail in your MR letter. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form-pip/
    The Governments PIP Assessment Guide and Criteria (what they are looking for when doing an assessment for PIP) https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria
    My advice is not to get to hung up on critisising the descision letter because that is not going to get an award. You need to focus on why you cannot do the PIP activities Reliably and focus on the descriptors because it is the descriptors that gets you the points for an award.
    You will need to appeal if the MR is not successfull and the majority of MRs are not. If you do a detailed MR Letter then this will be used as extra evidence in a PIP appeal by the tribunal and it will increase the chances of you getting the award you are entitled to.
    Hope that helps
    Nasturtium
    How to challenge a PIP award that has been reduced at Review https://forum.scope.org.uk/discussion/comment/696285#Comment_696285
  • wereallhere
    wereallhere Community member Posts: 8 Listener
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    Thank you @nasturtium. That’s really helpful information 
  • nasturtium
    nasturtium Community member Posts: 376 Empowering
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    Just to add:-
    You will need to include your name and national insurance number on your Mandatory Reconsideration letter and make sure it is included on every page of the letter. Also include it on any copies of evidence you include if you have any further evidence to send.
    You will need to send your Mandatory Reconsideration letter to the address that was on your descision letter.
    You do not need to send it recorded post because you can get proof of postage from your post office which is free of charge.
    Hope that helps.
    Nasturtium
    How to challenge a PIP award that has been reduced at Review https://forum.scope.org.uk/discussion/comment/696285#Comment_696285
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