Hi, my name is Zeehussain! Award reduced. Should I try for a Mandatory Reconsideration?

Zeehussain

I would appreciate it if anyone can give me some advice on Mandatory Reconsideration Notice. I used to get enhanced rate for both components and they have now decided to give me the standard rate for both components. I feel dejected and feel like giving up. Something is saying don’t give it a try 

Zeehussain

apologies, give it a try 

Albus_Scope

Heya @Zeehussain and welcome to the community!

I'm sorry to hear they've lowered your award.  Was this due to a reassessment or review?  MRs are always worth going for, though they do have a lower success rate, but it does mean you can then proceed to the tribunal which has a roughly 70% success rate currently and isn't as scary as it sounds! There's some information on it all here for you to look through, but if you have more questions, we're all here to help and support you.

Zeehussain

It was a review 

poppy123456

When you filled out the form did you treat it as a new claim or just put "no changes" and nothing else?

Zeehussain

It was not a new claim

poppy123456

Zeehussain said:

It was not a new claim

I know but that's not what I asked. I asked if you treated it as a new claim? Or If there were no changes to your health condition, did you just put "no change?"

Zeehussain

I have to say I treated it as a new claim as I never wrote down “no change”. In the past I’ve always looked at my past application and copied off from there with updated information and evidence. I had both components at enhanced rate and now that has been taken away and I’ve been awarded standard rate for both components. 

I have fibromyalgia there is no cure. I’ve taken opioids in the past answer would never go down that route again. Therefore my medication has remained the same. I also believe that as I’m not being seen currently by a specialist that may have gone against me. In the past I have, but there is no cure and there is nothing they can do for me with this horrible debilitating condition. I’m not being believed. 

honestjon

Zeehussain said:

I have to say I treated it as a new claim as I never wrote down “no change”. In the past I’ve always looked at my past application and copied off from there with updated information and evidence. I had both components at enhanced rate and now that has been taken away and I’ve been awarded standard rate for both components. 

I have fibromyalgia there is no cure. I’ve taken opioids in the past answer would never go down that route again. Therefore my medication has remained the same. I also believe that as I’m not being seen currently by a specialist that may have gone against me. In the past I have, but there is no cure and there is nothing they can do for me with this horrible debilitating condition. I’m not being believed. 

This is only a guess but I think they can only give a certain amount of awards per week and that's why so many genuine claimants have to go round in circles with mr and appeal until they eventually get the award.
It's only my guess but the way genuine people are made to wait sometimes all the way to tribunal is obviously not right and something is wrong 

poppy123456

honestjon said:

Zeehussain said:

I have to say I treated it as a new claim as I never wrote down “no change”. In the past I’ve always looked at my past application and copied off from there with updated information and evidence. I had both components at enhanced rate and now that has been taken away and I’ve been awarded standard rate for both components. 

I have fibromyalgia there is no cure. I’ve taken opioids in the past answer would never go down that route again. Therefore my medication has remained the same. I also believe that as I’m not being seen currently by a specialist that may have gone against me. In the past I have, but there is no cure and there is nothing they can do for me with this horrible debilitating condition. I’m not being believed. 

This is only a guess but I think they can only give a certain amount of awards per week and that's why so many genuine claimants have to go round in circles with mr and appeal until they eventually get the award.
It's only my guess but the way genuine people are made to wait sometimes all the way to tribunal is obviously not right and something is wrong 

That's really not true at all. The same as some people think the assessors get a bonus for marking down in the report... not true. 

honestjon

poppy123456 said:

honestjon said:

Zeehussain said:

I have to say I treated it as a new claim as I never wrote down “no change”. In the past I’ve always looked at my past application and copied off from there with updated information and evidence. I had both components at enhanced rate and now that has been taken away and I’ve been awarded standard rate for both components. 

I have fibromyalgia there is no cure. I’ve taken opioids in the past answer would never go down that route again. Therefore my medication has remained the same. I also believe that as I’m not being seen currently by a specialist that may have gone against me. In the past I have, but there is no cure and there is nothing they can do for me with this horrible debilitating condition. I’m not being believed. 

This is only a guess but I think they can only give a certain amount of awards per week and that's why so many genuine claimants have to go round in circles with mr and appeal until they eventually get the award.
It's only my guess but the way genuine people are made to wait sometimes all the way to tribunal is obviously not right and something is wrong 

That's really not true at all. The same as some people think the assessors get a bonus for marking down in the report... not true. 

It might not be true but there's no way to know for sure unless you work on the inside and I don't.
I think it's easy to see the pip claim is like a game of poker for a lot of people and it ends up as a game of who will blink first.
There must be a reason so many obviously genuine claimants are forced to go on the pip merry go round 

poppy123456

Having learnt a lot from one of the best Welfare Rights officers over the years the most likely reason for refusal is a poorly completed claim pack. 

It's not an easy task to fill out any form because a lot of people just "learn to live with their conditions" and manage the best way they can. It's very easy to think that what we do daily is a normal way of life so when we have to sit down and think about what to write, we get lost and don't know where to start. 

I find it so much easier to fill out the form for my daughter than I do my own form because I see how she's affected daily from an outsider view. I often tell her I know her better than she knows herself. If it was down to her to fill out the form I can't even begin to imagine what exactly she would put. 

honestjon

TheManFromLondon said:

honestjon said:

This is only a guess but I think they can only give a certain amount of awards per week and that's why so many genuine claimants have to go round in circles with mr and appeal until they eventually get the award.
It's only my guess but the way genuine people are made to wait sometimes all the way to tribunal is obviously not right and something is wrong 

That's really not true at all. The same as some people think the assessors get a bonus for marking down in the report... not true. 

100% agree with poppy123456, this is totally inaccurate in a way of sensible thinking and the kind of approach that only serves to discourage and get a claimant paranoid.

I said my comment was only a guess and I even said it twice so what kind of approach are you referring to that serves to discourage?

honeyhoney

honestjon said:

It might not be true but there's no way to know for sure unless you work on the inside and I don't.
I think it's easy to see the pip claim is like a game of poker for a lot of people and it ends up as a game of who will blink first.
There must be a reason so many obviously genuine claimants are forced to go on the pip merry go round 

...there must be a grain of truth in this, although I found out about PIP a few months ago, but this system amazes me more and more, see this: https://www.rightsnet.org.uk/forums/viewthread/20097/

honestjon

honeyhoney said:

honestjon said:

It might not be true but there's no way to know for sure unless you work on the inside and I don't.
I think it's easy to see the pip claim is like a game of poker for a lot of people and it ends up as a game of who will blink first.
There must be a reason so many obviously genuine claimants are forced to go on the pip merry go round 

...there must be a grain of truth in this, although I found out about PIP a few months ago, but this system amazes me more and more, see this: https://www.rightsnet.org.uk/forums/viewthread/20097/

You are right it has to be true.
There are only a certain amount of hours in the day and a backlog of claims to decide with a certain amount of asessors so only a certain amount can get through per day per month etc . Even if they give the award to everyone there can still only be a limited number per day so they need a queuing system for the backlog and the queuing system is called mandatory reconsideration and appeal etc

honeyhoney

This may make sense, which is why the DWP has a "special team" that deals with appeals to the Tribunal

honestjon

honeyhoney said:

This may make sense, which is why the DWP has a "special team" that deals with appeals to the Tribunal

And telephone calls just before the appeal from decision makers and then appeals cancelled at the last minute with the same information they had all along etc 

Leigh14

@Zeehussain, did they give a reason why it went from enhanced to standard rate? I think it’s worth going for an MR.

Zeehussain

She has made her own assumptions up for example no prescribed aid yet I told her I use the sink, wall and radiator to hold onto the bathroom. I asked her at the beginning how long the assessment will be as I get tired and cannot sit in one place. She was also told that I have a friend helping me with the answers. Yet she has said I communicated effectively. You’ll be damned if you do and you will be damned if you don’t. There is no cure for fibromyalgia, I’ve tried all the meds including opioids in the past and do not want to go on that route again. Nothing works so my meds have not changed so she’s picked up on that. 

kimkenzie202

My mum used to be an assessor and I can confirm they are not paid bonuses to meddle with awards. It's a myth spread by so called "whistleblowers" who are usually sacked prior to opening their mouths.

People are usually given the wrong award due to not filling in the forms correctly, downplaying their illnesses or focusing on the diagnosis itself and not the descriptors. Putting "no change" on a review form is a massive mistake, since they don't tend to look at the previous award information. Treat all reviews as a brand new claim.

Zeehussain

I did not put down “no change”. I think lack of medical evidence has played a part. The only problem is in the past I’ve submitted my medical evidence and they’ve seen it. It’s not a game where a gp is going to refer you to a consultant when they’ve done everything they possibly could and the person has to live their life in pain as there is no cure for fibromyalgia. In a short space of say two years my condition has changed but I do not want to be taking opioids as I have done in the past. The assessor when making her decision has concluded that my meds have not changed therefore I’ve been downgraded to the standard rate.