Mandortory reconsideration

fedupfemale

Hi

I have reacently had my DLA stopped due to not attending a PIP medical. I now have to write a Mandortory reconsideration explaining my reason why. My carer could not cope with the stress from Atos and I involved my MP,I thought she had cancelled my assessment due to the letter she sent me but it seems not.

I need urgent help with what to write and explain my good reasons for not attending. I would be grateful of any help.

Lynne53

Just as you have explained it to us. start by saying you needed your carer's help but she felt she could not deal with the stress.
In order to get help you contacted your MP. Explain what the MP said.  if you have a letter send a copy, otherwise put the date and time of your conversation down. make absolutely clear the reason why you thought the MP had cancelled and ask for another date.

Hope this is of some use and please accept my best wishes for a good outcome 

fedupfemale

Thank you for taking the time to give me help as I am desperate.

I have a letter from my MP from the day I asked her for my help,I also have a supporting letter from my Dr.

My MP made a compliant to Dwp and Atos about them refusing me a home visit then expecting me to attend a f2f with my conditions,they claim they offered me a Taxi (they never) They also claim they sent me a text message reminding me of my assessment. If I had of received either of these I would of contacted my MP again so she could sort it out

Should I include copies of these letters aswell?

I am also confused as they say in one letter my GOOD REASON was not acceptable,I never gave them a good reason they just stopped my DLA yet in another letter they tell me to ask for a mandatory reconsideration

Its all very confusing

I just feel very low,

Lynne53

It's easy to say, my husband has had to apply for a mandatory reconsideration, but try not to panic.

In your letter put that you didn't know about a taxi and you didn't get one.

Send in all the letters you have.  without knowing about your conditions it's hard to say what to put and of course that's private.

Tell them that the reason you did not attend was because of what you understood from the MP's letter and if you misunderstood then you are sorry, it might be part of your condition, I get muddled sometimes as part of my condition.

The main thing is to get your letter in as soon as you can.  if you have anyone to help you have it sent recorded delivery.

Keep it as simple as you can. you thought the Mp had cancelled the assessment, send them that letter, and you were never made aware that a taxi was booked, and that no taxi came anyway.

Send copies of all the letters so they know you have support.  You only have a month and that goes quickly when you are upset and feeling ill.

I would get back onto your MP and let her know what's happened but send your letter in first as she might take a while to reply.

That's how I would do it but others might have a different approach.

You are not on your own I will look out for your posts.
Good luck and try not to be so fed up x

fedupfemale

Thank you so much for your advice.

I am doing my letter tomorrow with the help of a friend, I will keep it short and to the point and send in what evidence I have.

We should not have to be put through this amount of upset and stress because its its done is made my condition worse.I have even been prescribed sleeping tablets.

I wish you and your husband luck and will let you know my outcome.

Best wishes

x

Lynne53

I hope you feel better the stress of all this is terrible. I don't want to be disabled and my husband doesn't either. To be made to  feel like this is so wrong we are like beggars!
I'm glad you will have someone with you tomorrow.  I really hope they see some sense at last anklet you have your assessment. Keep in touch will cross my fingers for you x

Matilda

As well as all the stress of dealing with all the bureaucracy, we have to suffer Atos assessors telling blatant lies.  My assessor stated in her report that I took my handbag off over my head and put it on the floor - and then picked it up from the floor after the interview!  At no time during the interview did I remove my bag from my person, not even during the physical exam.

I don't know how she expected to get away with this. I am asking for a mandatory reconsideration in which of course I'll point out the assessor's lie.

Many claimants have said that their assessor told lies in their report. We can't all be lying.

BenefitsTrainingCo

Hi fedupfemale,

Just to say that we would broadly agree with the advice from Lynne53 (thanks Lynne!).

Your mandatory reconsideration request should explain that you thought your assessment was not taking place as a result of your MP's involvement. You could explain that you asked your MP for help because ATOS had refused you a home visit. I'd include copies of all relevant letters, in date order.

They may have considered your 'good reason' already (as one of their letters suggests, but perhaps that was written before you even gave them an explanation!), but what you need from them is a mandatory reconsideration notice (MR notice). You'll be able to tell it's an MR notice as it will say so. You should insist on getting this - hopefully it will change the decision. They could either give you a home visit as requested, or they might make a decision on your PIP entitlement via your claim forms and supporting evidence.

You need the MR notice because if they don't change the decision, you have to have an MR notice before you can appeal.

I'd also suggest you complain again about the stress this situation has caused you - you could ask your MP to help with that too.

Good luck, and do post again if you need more advice.

Will

fedupfemale

Thank you all for your advice its been very helpful.

It really is a distressing time and what Atos and the Dwp need to do is recognise your ill not humiliate you more. I am lucky to have the support of a very good Dr he was annoyed Atos had made out they had written to him twice,they had not written at all.

I just feel that each time I receive a letter from either Atos or the Dwp the goal post seems to be moved in a different direction.

Neither of my letters say I have to ask for a mandatory reconsideration,I was only told this after my Mp made a formal compliant.

Do you think I should included a copy of the letter my Mp received once she had made a compliant or will the decision maker have that?

michaelchambers

Hi fedupfemale,

You could certainly send in to the DWP a copy of the letter your MP received just to make doubly sure that the decision maker has seen a copy. The important thing to do though is make sure you have requested a mandatory reconsideration as Will explained.

Best wishes,

Michael 

fedupfemale

Hi

Well my friend sent my MR off yesterday,special next day delivery and after tracking it it was delivered this morning. I also got my carer to ring up and request a MR but the lady at Dwp was not very helpful. A copy of the compliant letter was also sent and from what the lady at Dwp said it doesn't seem as if they had it!!!!.

Today I am feeling very anxious and my panic attacks are coming fast,am also very tearful because we have done everything Dwp have asked and I know it will be a negative response.

Thanks all for helping x

Lynne53

Hi fed up, let's try to get you not so fed up!  You are doing what I used to do all the time, dwell on the worst possible outcome. You have sent in a very satisfactory request for a Mandatory Reconsideration, pay no attention to the phone call.  you also have written evidence to support what you say and the support of an MP.  You have evidence and support. unfortunately we all know it could go either way, so could ours, but try to keep positive.

Lynne x

fedupfemale

Good morning Lynne
yes your right I always dwell on things and think of the worst outcome! Today I feel abit better. My carer told me what ever the outcome we will deal with it.
lets hope we both get a speedy response from them with good news.
Thanks for listening.
xx

Lynne53

 no need for thanks we are helping each other stay strong x

fedupfemale

UPDATE

This morning I missed a phone call from PIP

I rang my MP this afternoon to see if she could find out what they wanted but as of yet she has not got back to me.

Am beginning to think its because they have refused me.

Anyone got any ideas as I am going out my mind with worry now

x

BenefitsTrainingCo

Hi again fedupfemale,

It's quite common for the DWP to ring people who've asked for a mandatory reconsideration. Sometimes it's to say they have changed their minds and you've been successful, sometimes it isn't. I'm sure they will call back, or they may just send you the decision in the post. Whatever happens, if you speak to them, insist that you get a mandatory reconsideration notice in writing. 

They have been known in the past to try to persuade people that there is no point taking things further. Remember, you can make your own mind up about that, and if you want to challenge a PIP decision, you have the right to do so. 

So see if anything turns up in the post, and if they ring again, make sure that you insist they send you the mandatory reconsideration notice. And remember, sometimes they ring with good news (it does happen occasionally!)

Best of luck,

Will

fedupfemale

Thanks Will 
is there any chance I can message you privately?

BenefitsTrainingCo

Hi fedupfemale,

If you call the Scope helpline on 0808 800 333 you will be able to speak to someone in confidence. You can also email or write in if you prefer - all the contact details are at http://www.scope.org.uk/about-us/contact-us/helpline

Regards,

Michael

fedupfemale

Thanks Michael I will do that.

x

fedupfemale

LATEST UPDATE

Well yesterday I received a text message from ATOS telling me they had appointments available in my area and to ring if I was available.I was shocked because I had not heard anything back about my Mandatory reconsideration. I rang my MP and left a message and my carer rang Atos. The man was lovely for once and told her my case had been referred back to them but he asked if she wanted to be put through to DWP she said yes and spoke to a unhelpful robot who told her that before the decision maker could make a decision she had sent my case back to atos to see if I had provided enough medical evidence in with my MR to do  a paper based review instead. She said my decision was in the hands of Atos and if there wasn't then the decision maker would make there mind up. My carer asked was my DLA going to reinstated and the lady from DWP laughed and said it highly unlikely you need to talk to ATOS!!!! so she transferred her back to Atos to be cut off. My carer was frustrated at this time and rang Atos back and had to tell someone else the situation from A-Z. The girl read through everything on her screen and said a paper based review was taking place right then and either they or DWP would be intouch.

My MP rang me back abit later on and I told her what had happened so she rang Atos and DWP then got straight back to me. Atos told her there wasn't enough medical evidence over my arthritis and going from the form they asked my Dr to fill in it was marked as I wasn't Violent so they could now do a home visit and I had 24 hours to agree to it before they refered my case back to DWP.

I was furious after 3 months of having the complete run around and made out to be a liar by ATOS my fate lied in there hands,because of Atos I have had my money stopped and suffered more stress and anxiety then ever. I was livid at how they could say right back at the beginning of September that a home visit was never going to happen to now saying it could. I do have anger issues,I have spoken to many of my Drs over the last 20 years about it, I fly off the handle at the slightest thing and now these incompetent people want me to welcome them into my home. Well if I wasn't angry before I certainly was now knowing they wanted to do a home visit to assess me to then go back and make up more lies and even then the decision maker could still say no they were not going to change there minds on my MR.

I feel absolutely victimised by it all now its inhumane.Its disgusting how they treat sick and disabled people but to treat someone with mental health issues this way is uttly appauling.

I told my MP all of this and she actually agreed with me,I ended up putting the phone down on her because I was so angry and upset and I haven't stopped crying since.

Surely this is not right and they can not get away with it. I am numb and I know I going to have one of my melt downs because I have never ever been treated in this way.

For those of you who don't know I have formal diagnosis of Agoraphobia,panic attacks,low moods,social phobic disorder,anixety,depression,obsessive compulsive disorder and arthritis.

Atos are disguting!!!!