Mandentary reconsideration
kopite64
Online Community Member Posts: 6 Listener
My Husband has. Cervical , Dystonia, Fibromayalgia and depression. He was on DLA and had to change to Pip. He got his reward of 10 points for daily and 10 points for mobility. He had been advised by his Dr to go to CBT. But there was no mention on this on his form from the acessor. He received no points on the planning and following a journey, even though he can’t do this unless someone is with him as he gets so anxious and think people are looking at him and this causes him distress. He was very anxious at the interview, but the acessor said he was fine, quite a few lies in the report. We are thinking of doing a MR, but scared incase they deduct points. We do have medical record saying about my husband going to CBT. Do you think this will be enough to help him to get points on the planning and following a journey. Any help would be grateful.
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Comments
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Hi,When requesting the MR you do risk losing everything you already have, although most decisions remain the same but it has been known for people to lose points as well as gain points.No one on an internet forum can tell you whether there's any risk to his current award by requesting the MR and for this you will need face to face expert advice from an agency near you.It's unlikely that that CBT will help an award because future appointments are not classed as evidence.If you do decide to request the MR then you should put this in writing stating where and why you think he should have scored those points. Adding a couple of real life examples of what happened the last time he attempted that activity for each descriptor that applies to him.You should avoid mentioning any lies/contradictions that may have been told in the report because they won't be interested in any of those. You can't prove that he was very anxious during the assessment. Any complaints about the report should be sent to the health assessment providers. Good luck.0
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Thank you.0
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Welcome to the community @kopite64! Please do let us know how you get on.
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Welcome @kopite64. I'm sorry to hear about the results of your husband's assessment. I would echo the advice given up above and suggest you seek some face-to-face advice. You can find advice more local to you on Advicelocal. I hope that helps!1
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Thank you. I phone CAB and they told me that it was up too us whether or not to do a mandatory reconsideration but it’s rare for them to deduct points. My husband has just had his tablets changed to a stronger dose. So we have decided to do an M R.
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kopite64 said:Thank you. I phone CAB and they told me that it was up too us whether or not to do a mandatory reconsideration but it’s rare for them to deduct points. My husband has just had his tablets changed to a stronger dose. So we have decided to do an M R.
Do be aware that they will only take into consideration how his condition was at the time the decision was made. Any worsening of condition will not be taken into consideration by DWP or the Tribunal.
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