Raising a second Mandatory Consideration once an Appeal has been Raised

RSISolutions

I have applied for ESA and failed the health test with zero points, despite supplying over 100 pages of evidence of my disability. I failed the mandatory consideration too. I have now raised an appeal. 
I have now read on this forum about someone who raised a second mandatory consideration. Is this possible if you have raised the appeal paperwork. I don't have a date for my appeal yet. 

Here's the link
https://community.scope.org.uk/discussion/34761/the-benefits-trap#cWo1PcVDVp8h2J1c.99

wildlife

@RSISolutions The person you are referring to is me. There is no such thing officially as a 2nd Mandatory Reconsideration. I only call it that to make it clear it came between the 1st MR and Appeal. I am not a benefit advisor and, as on the link you posted, I can only say what happened to me in order to let people know it's worth a try. You have nothing to lose. I had 6 more points added to my claim by doing what I did. The main thing is to not to back down, be assertive but not aggressive. Give the impression you're not taking no for an answer and have all the answers ready for a constructive discussion when a DM rings you. Ask if they'll look at your claim again and what they need to have evidence of to do this. Write to them again with references to your medical evidence to make it very clear where they're going wrong. If you also apply for appeal they'll know you're going to do that anyway but DWP can change your award anytime right up to appeal so keep on at them. If more people did this there wouldn't need to be so many appeals and maybe they'd get the message to do the claims correctly in the beginning. It may or may not work. Good Luck 

RSISolutions

@Wildlife - Thank you very much for your reply. Can you explain what is ATOS ?

wildlife

Hi RSISolutions ATOS is an assessment company contracted by the government to carry out disability assessments for DWP. DWP have no medical expertize whatsoever so they rely on these assessment companies to see people for a face to face consultation and then the assessor sends a report with suggested points that each claimant should be entitled to.

Liam_Alumni

Hi @RSISolutions,

I have moved this discussion to our Ask a Benefits Advisor category, where @BenefitsTrainingCo may be able to answer your question about a second mandatory reconsideration.

wildlife

@LiamO_Dell  And there was me thinking I'd already answered this post which referred to another of my posts describing my own experience. Please note I have not posted on the one you've moved thereby leaving it for BenefitsTrainingCo to answer. @RSISolutions please feel free to ask any more questions. Just to clarify the situation: The normal procedure for a PIP claim is to apply for a Mandatory Reconsideration if you're not happy with the original decision. If the MR is kept the same then you apply for Appeal. All I am saying, and the Benefit Advisors have also said the same on past discussions, is that DWP can still change the award anytime between the MR stage and the actual Appeal. (They even rang one person on the day of their hearing with a revised offer.) The claimant however must speak to them and ask for them to look at the claim again and will probably have to provide more evidence unless they have already sent in the relevant evidence and it is being ignored. There is usually a very long wait for an Appeal to be heard so it's definitely worth continuing to try and get your claim dealt with properly by DWP as should have been done in the first place. Bearing in mind that each time a review is done the whole thing is looked at so there may be a risk of losing what you've already got, so think very carefully before deciding what is best for you. 
           The more proactive disabled people become the more likely we are to get the message across that things needs to change...

RSISolutions

Hi @wildlife. Thank you so much for posting this. Its very useful. I understand what you are saying and I will be acting on it. 

wildlife

@RSISolutions You're welcome. I have had a lot of experience dealing with authority and also the benefit system. I  brought up 2 adopted disabled boys and looked after elderly disabled relatives. I call it playing the system by finding out how it all works and who does what then you can speak to people assertively to get what you're entitled to. It's the difference between feeling awful because someone has got the better of you and feeling good as if you've achieved something. It's just a different way of looking at things. Do hope you're successful as I don't know anyone else who has actively tried to change their award between MR and Appeal most people back off and think that Appeal is their only option. Good Luck.   

Matilda

In my own case, had I asked DWP to reconsider after they turned down my PIP MR, I might have got a better award than the initial one - but doubt that DWP would have made me the excellent award that the tribunal did.  Enhanced both elements indefinitely.  Stressful going the tribunal appeal route - but 65% succeed.

wildlife

@Matilda Yes I understand what you are saying as I still have only standard rate for Daily Living and a timescale of 3 years. So I'm not saying what I did is right for everyone but just letting people know it is an option. I couldn't have coped with waiting or with the stress of the Appeal. I went with my son once and had one for DLA in 2011 so I know what it's like. I only got the lower rate DLA at that stage but it was indefinite so why I am suddenly deemed curable is beyond me. I also had upper body strength accepted for needing help with preparing food but DWP won't accept it now.
                 Appeals are not always without problems looking at the posts on here with paperwork going astray, threats of DWP appealing the decisions and delaying payment so whatever you do it's a nightmare.  

Matilda

@wildlife

DWP want to keep assessing people to try to find excuses to deny them points next time.  My first award was for five years based on the recommendation of the expert medic ( Atos paramedic) who assessed me.  Tribunal changed this to indefinite as my condition will never improve.

BenefitsTrainingCo

HI RSISolutions

The DWP can revise a decision any time before an appeal, it is not limited to a one chance only following the mandatory reconsideration request. It's just once the mandatory reconsideration has been completed you don't have a right for it to happen again, it only happens if the DWP chooses to do it. But instead you can appeal to an independent appeal tribunal of course.

David

Sam_Alumni

@wildlife you have been an absolute gem in all the support you've given to our members in sharing your own experiences, thank you so much.