PIP, DLA and AA
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Mandatory Reconsideration

deejay2038deejay2038 Member Posts: 20 Connected
edited March 2019 in PIP, DLA and AA
I sent my MR letter this week, along with the care plan from social care. The care plan is not active, but I can get it so any time. I could not afford my contribution towards it. .I have recently been told I would probably qualify for funding from Continuing healthcare so I aim to try to do that.
I told the min the letter if the only way I could prove my case was to get the plan active, I would do that since I would not now have to contribute anything.
Along with it, I sent the care plan and on two of the criteria for personal care, in the plan, it stated I could not do those things and it was putting me at risk.
I'm wondering if the brilliant minds at the DWP can ignore that and insist I can? I actually don't do either because I can't.  I improvise. It's very rare I have a hot meal. I do a few times per month be getting a take away delivered. I scored seven points from the assessment. There were so many inaccuracies in the report it was beyond belief. But it didn't seem malicious if you know what I mean. Having rare diseases meant she was very ignorant of my conditions.
I gave it them in black and white from social care that I cannot do those things,(the two things alone give me 24 points) so is there any way they can dismiss or ignore that? And still hold to that I can?

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    Scoring the points for the descriptors will totally depend on how your conditions affect you and whether you meet the criteria. It's not always possible to score as many points as you think and there's a lot of people that make this mistake. This link gives a full explanation for all the descriptors and the criteria, it's long but well worth reading to give yourself a better underatanding of what it's all about.

    Only 18% of MR decisions change but 71% of those who appear in person at their Tribunal hearing have a decision in their favour. Paper based Tribunal hearings have around an 8% success rate.

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • deejay2038deejay2038 Member Posts: 20 Connected
    Thank you I know this already.  My question was can they ignore that social services  in their care plan in black and white support everything I said for why I can't do those things? I can't do them.
  • deejay2038deejay2038 Member Posts: 20 Connected
    To be clear here the care plan from social services said in black and white which i have sent to the DWP I am unable to wash or cook for myself. Two key areas in the criteria.  I don't see how they can refute that.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'd advise you to get expert advice from an agency near you because it's impossible to give any advice when no one knows exactly how your conditions affect you.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • deejay2038deejay2038 Member Posts: 20 Connected
    edited March 2019
    Well, I think social services do!  I wasn't asking for any advice Forget it. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If you weren't asking for advice, what exactly were you asking for? It's an internet forum and there's only so much help we can give. Only 18% of MR decisions change, so yes you can be refused.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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