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Mandatory Reconsideration

PIPnewbie
PIPnewbie Member Posts: 298 Pioneering
My girlfriend received official notification of standard daily living today via award letter.

The assessor lied and exaggerated a lot, for example saying she did not appear tired, when she fell asleep in the waiting room and had taken oral morphine.

The big thing he waved away was any planning a journey points because she apparently didn’t appear psychologically distressed and has no mental health diagnosis, but it’s supposed to be how one’s condition affects them, not what is diagnosed.  And she already explained to make the appointment she didn’t eat for 2 days, so she was empty inside, thus wouldn’t be incontinent.

It doesn’t change that she cannot go on a journey alone in her car because she is terrified of being alone while incontinent and being incontinent in general.

She is going to appeal for mandatory reconsideration.  I was wondering if anyone had any tips or advice about the best way to do it that gives the best chance for success. 

Many thanks.
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Comments

  • poppy123456
    poppy123456 Member Posts: 28,627 Disability Gamechanger
    She should state where she thinks she should have scored those points and her reasons why. For the descriptors that she thinks applies she should give at least 2/3 examples of real life experiences. Completely avoid any lies that you think were told in the report, DWP won't be interested in any lies told.

    As no one here knows exactly how her conditions affect her then i'd advise she gets help with this and contact her local welfare rights or other disability advice centre.

    Only 17% of MR decisions change so she may have to take it to Tribunal. She has 28 days to request the MR and there's no times scales to any decision. Good luck.
  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    She should state where she thinks she should have scored those points and her reasons why. For the descriptors that she thinks applies she should give at least 2/3 examples of real life experiences. Completely avoid any lies that you think were told in the report, DWP won't be interested in any lies told.

    As no one here knows exactly how her conditions affect her then i'd advise she gets help with this and contact her local welfare rights or other disability advice centre.

    Only 17% of MR decisions change so she may have to take it to Tribunal. She has 28 days to request the MR and there's no times scales to any decision. Good luck.
    Thanks Poppy.

    Can the MR be done in written form?  She's not so great on the telephone, but is better suited to putting her case in words.

    Would a letter by any of her health professionals help?

    Does she have 28 days to make her case or only request the MR?

    Finally, does her money stop in the meantime?
  • poppy123456
    poppy123456 Member Posts: 28,627 Disability Gamechanger
    edited October 2018
    Hi,

    You should always request the MR in writing.

    Letters from medical professionals only help if they specifically state how your conditions affect you in line with the PIP descriptors.

    28 days to request BUT if you request it over the phone and then send the letter with further evidence then they may not wait for the letter and evidence. I've heard it many times where they've gone ahead with the MR decision without waiting.

    I have advised you quite a few times that her money will not stop while waiting for the MR. If the MR decision stays the same then she'll continue to be paid while waiting for Tribunal.
  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    Thanks for the help once again, Poppy.

    So basically, send the MR request WITH the letter detailing the reasoning and other evidence? 
  • poppy123456
    poppy123456 Member Posts: 28,627 Disability Gamechanger
    The letter will be the MR request. Point out where she thinks she should have scored those points and her reasons why.

    I really would advise you to get help with this and contact either her local Welfare rights or other advice centre near her.
  • atlas46
    atlas46 Member Posts: 826 Pioneering
    Hi @PIPnewbie

    You need expert advice, in pursuing an MR for your girlfriend.

    Suggest you contact Crohn's & Coitis UK helpline 0300 222 5700.

    They have volunteers who will guide and support you through the MR process.

    Keep us informed.
  • poppy123456
    poppy123456 Member Posts: 28,627 Disability Gamechanger
    I disagree with ringing a helpline because it's always difficult to give help and advice over the phone and an internet forum. Face to face advice is always better.
  • atlas46
    atlas46 Member Posts: 826 Pioneering
    Hi @poppy123456

    I agree.

    However, can I qualify my suggestion.

    After contacting the helpline, a volunteer will contact the caller, after being assigned the case.

    It will then become face to face, over the phone!

    The same volunteer will keep in contact, throughout the process.

    The reason why I suggested this option, the lady appears to be at the high end of the disability spectrum and needs expert guidance.

    The volunteers will be on the same spectrum.
  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    edited October 2018
    atlas46 said:
    Hi @poppy123456

    I agree.

    However, can I qualify my suggestion.

    After contacting the helpline, a volunteer will contact the caller, after being assigned the case.

    It will then become face to face, over the phone!

    The same volunteer will keep in contact, throughout the process.

    The reason why I suggested this option, the lady appears to be at the high end of the disability spectrum and needs expert guidance.

    The volunteers will be on the same spectrum.

    Hi Atlas,

    Thank you for the suggestion

    Did you read from other threads about my girlfriend’s condition or is your view that she’s on the higher end of the spectrum based solely on this thread?

    The real lunacy is the 9 month award... for Crohn’s disease, 4 bowel resections, arthritis, endometriosis, and now fibromyalgia.  Things that have no cure or way to right them with current technology.

    I disagree with ringing a helpline because it's always difficult to give help and advice over the phone and an internet forum. Face to face advice is always better.

     Poppy, when she makes the case for her MR, should she mention the now diagnosed fibromyalgia (on the application and during the consultation it was only suspected by her pain specialist, but she was diagnosed a week after the consultation).
  • atlas46
    atlas46 Member Posts: 826 Pioneering
    Hi

    I have read all the posts on the forum.

    I base my opinion on all your posts and two dear friends that are on the same spectrum.

    Please let me know if I can assist further.
  • poppy123456
    poppy123456 Member Posts: 28,627 Disability Gamechanger
    A diagnosis will not make any difference and will not help with a PIP claim. It's not about a diagnosis, it's how those conditions affect you daily.
  • Topkitten
    Topkitten Member Posts: 1,285 Pioneering
    It is this sort of post that starts me worrying because, if they get mine wrong I cant send a letter especially a recorded one.. Being allowed to go so far down the scale by my GP has left me incredibly isolated and unable to do simple stuff like moving money from a savings account into my bank, which I must do sometime in the next 6 months.

    Sorry, I had more to say but I am spending as much time correcting mistakes as I am writing comments. I've had enough today already and have only read 3 or 4 posts before reaching the "giving up point".

    TK
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • Yadnad
    Yadnad Posts: 2,856 Connected
    edited October 2018
    I disagree with ringing a helpline because it's always difficult to give help and advice over the phone and an internet forum. Face to face advice is always better.
    that's great if there is such a source local to the poster. The alternative is advice given on the web.
  • Yadnad
    Yadnad Posts: 2,856 Connected
    edited October 2018
    atlas46 said:
    Hi @poppy123456

    It will then become face to face, over the phone!
    ehh??? how does that work?
  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    A diagnosis will not make any difference and will not help with a PIP claim. It's not about a diagnosis, it's how those conditions affect you daily.
    What about the assessor who said she cannot be too distressed to plan a journey because she has no diagnosis of mental health issues?
  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    Topkitten said:
    It is this sort of post that starts me worrying because, if they get mine wrong I cant send a letter especially a recorded one.. Being allowed to go so far down the scale by my GP has left me incredibly isolated and unable to do simple stuff like moving money from a savings account into my bank, which I must do sometime in the next 6 months.

    Sorry, I had more to say but I am spending as much time correcting mistakes as I am writing comments. I've had enough today already and have only read 3 or 4 posts before reaching the "giving up point".

    TK
    Isolates by your GP?  Care to elaborate?
  • Yadnad
    Yadnad Posts: 2,856 Connected
    PIPnewbie said:
    A diagnosis will not make any difference and will not help with a PIP claim. It's not about a diagnosis, it's how those conditions affect you daily.
    What about the assessor who said she cannot be too distressed to plan a journey because she has no diagnosis of mental health issues?
    And for those that do have a diagnosis but the evidence is too old (more than 2 years - as per the DWP case manager) and not forgetting the Mental Health test that the assessor conducts where, in my case, came up with 14 reasons why mental health difficulties actually do not exist totally contradicting the old evidence supplied and what I had described on the PIP2?

  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    Yadnad said:
    PIPnewbie said:
    A diagnosis will not make any difference and will not help with a PIP claim. It's not about a diagnosis, it's how those conditions affect you daily.
    What about the assessor who said she cannot be too distressed to plan a journey because she has no diagnosis of mental health issues?
    And for those that do have a diagnosis but the evidence is too old (more than 2 years - as per the DWP case manager) and not forgetting the Mental Health test that the assessor conducts where, in my case, came up with 14 reasons why mental health difficulties actually do not exist totally contradicting the old evidence supplied and what I had described on the PIP2?

    Yeah it's ludicrous.  Just read the guide for Mandatory Reconsideration and it says not to provide any information she already has.  What else can she do but reiterate that she cannot go out alone due to overwhelming fears of being incontinent?  

    The assessor said she showed no signs of distress at the appointment, but she was with me, and I drove her, and she had not eaten for 2 days.  She felt sick from hunger.
  • [Deleted User]
    [Deleted User] Posts: 118 Listener
    pipnewbie
    best wishes to your girlfriend i feel for her. I would also look into getting support for future assessments ie the DWP assesing her at home as noone should have to not eat for two days to enable them to go out it is scandalous!
  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    vickyanne said:
    pipnewbie
    best wishes to your girlfriend i feel for her. I would also look into getting support for future assessments ie the DWP assesing her at home as noone should have to not eat for two days to enable them to go out it is scandalous!
    It is ridiculous.  I will take this all the way to tribunal, no matter how much I have to spend in fuel travelling down to Devon from Wales.

    Thank you for your reply and kind words.

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