PIP, DLA and AA
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Mandatory Reconsideration (MR)

DXW2DXW2 Member Posts: 2 Listener
edited January 2018 in PIP, DLA and AA
Just after a bit of advice if anyone can help. My wife has been on DLA (enhanced for both aspects) for a number of years and was recently told she need to claim PIP. No surprises she ended up with only standard rate daily living. We watched the SCOPE videos regarding MR and some others from elsewhere. The general rule seems to be to get the MR to them in writing but advise them first over the phone. My wife contacted them by phone earlier today and it appears that the advisor took notes from her as if she was making a telephone MR and said she should send any further evidence to them. If we still want  to do the written MR do we need to cancel the telephone version or will the written one take precedent. We have a lot more to say than what was said over the phone plus we are waiting for some specialists reports/letters. Thanks.

Replies

  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @DXW2

    Mandatory reconsideration

    Contact the Department of Work and Pensions (DWP).

    • Ask DWP to look at the decision again – this is called a mandatory reconsideration.
    • It's best to do this in writing and give reasons why you disagree. The address to write to is on the decision letter you have received.
    • You must do this within a month of the date of the original decision.

    DWP will look at your claim and tell you their new decision.

    • You have a month to ask for an appeal if you are still unhappy.
    • This must be in writing and it's best to appeal using form SSCS1 (pdf download). Download the pdf of guidance notes to help you.
    • You must state your reason for the appeal clearly and forward any supporting evidence as soon as possible – do not wait for the hearing.

    If you need advice on completing this you may call HMCTS on 0300 123 1142.

    You can download Form SSCS1 (pdf)  or get a paper copy from your local Citizen's Advice Bureau and Jobcentre Plus office.


    I would say to send in the official form with as much detail as possible as per the advice above.  The PDF of guidance notes is really helpful in filling this in.

    Good luck and let us know how you get on!
    Scope
    Senior online community officer
  • PjDayPjDay Member Posts: 9 Listener

    My notes from the House of Commons hearing on ESA and PIP
    • Barriers to providing additional medical and social care evidence. 

      35% of PIP assessors request a GP Factual Reports for further evidence. But less than 10% of GPs sent back the reports, only 3% of their evidence would be relevant to the functions aspect of the PIP assessment.

      Difference between 'functions assessment' and a 'medical assessment'.

      Medical - diagnosing and treating. Functional assessment - activities of daily life. For example:

      "Having a car and driving licence indicates functionality."

    • So PIP is not a medical assessment. It is on how you function and how much social care you need. It is a social care needs analysis.

    • "If there is insufficient functional evidence with the PIP form they will be seen."
    • Useful reports from social worker or Adult Social Care.
    • PIP looks at functional problems on a day to day basis.
    • 10-15% are done on the basis of a desk top assessment - on medical and social care evidence.
    • Relatives and carers should also write statements on how they help you
    • with daily activities: washing, dressing, cooking, driving you... etc.,.
    • DWP spends £40 on MR and is a "rubber stamp on previous decision." £100 is spent on independent Tribunal funded centrally by government.
    • 64% win at independent Tribunal stage.

    REALLY SHOCKING

    WATCH Parliament TV Work and Pensions Committee

    http://www.parliamentlive.tv/Event/Index/326a1573-dc2c-4b7f-98d5-a9515bb...   

     

     

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi DXW2 and welcome

    @Sam Scope. There is no offical form for MR The SSCS1 is for appealing to the tribunal after the MR has taken place and still not  correct. You need a copy of the MR decision to send with the SSCS1

    @ DWX2
    Having made the telephone call it is possible and has happened that the DM will go ahead with the MR without waiting for your further evidence.
    If they do so then you should still submit your further relevant evidence and ask for them to do a second MR as they didn't wait for it as they were told.

    CR
    Be all you can be, make  every day count. Namaste
  • DXW2DXW2 Member Posts: 2 Listener
    Thank you. we've used this info to help with making the MR.
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