PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.
Receiving too many notifications? Adjust your notification settings.

Advice about Mandatory Reconsideration

ComicmadtitanComicmadtitan Member Posts: 67 Connected
Hello all, I submitted a question here the other day and got some wonderful advice! But I had a few more questions, I received my decision letter and it was even worse than the assessors report to the point myself and my mam thought they mixed me up with someone else. I called DWP to file for a mandatory reconsideration and mentioned that there was a number of inaccuracies with the report and they noted it on the system and said I should bring that up in the notice. I said that I heard doing so isn't desirable and I was told to put everything in including what they got wrong. I was just wondering is this correct or did I receive some wrongful advice? Also when i'm writing the reconsideration, is there a specific format I should be following? 
Thanks all 

Replies

  • janer1967janer1967 Community champion Posts: 7,450 Disability Gamechanger
    Hi and welcome it is normally advised not to put too much emphasis on any lies in the report but yes what you think is wrong is thre best 

    Go through each descriptor you disagree with and state why you disagree and why you think you should have been awarded points.

    Give real examples of what happens when you try and do the task how you do it, any aids or support, if you cant do it why not. Can you do it safely and reliably

    There is no particular format just go through each descriptor

    There was a post that gave a template format somebody had used a couple of weeks ago you may find it in the PIP section.

    You may also find a template on the internet
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    Great, thank you for your help @janer1967. I was just about to write it up and started panicking haha
  • janer1967janer1967 Community champion Posts: 7,450 Disability Gamechanger
    Your welcome, take your time and review it a few times before sending.

    Good luck and keep us up to date with the outcome, there does appear to be a higher success rate at MR at present
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    Thank you @janer1967 I most definitely will! I really hope this is successful, it has been devestating so far and hasn't helped my mental health at all
  • janer1967janer1967 Community champion Posts: 7,450 Disability Gamechanger
    I understand and have been through it all myself as have many people here keep up the fight
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    Thank you! I most definitely will. Did you have to go for a MR yourself janer?
  • janer1967janer1967 Community champion Posts: 7,450 Disability Gamechanger
    I had to do MR and tribunal but that was for Limited capability for work, but its the same process

    I was awarded PIP without any issues and also had a review which go enhanced on both
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    Oh brilliant! Thank you Janer, gives me hope haha
  • male45male45 Member Posts: 313 Pioneering
    @Comicmadtitan
    I had to write up a mandatory reconsideration and did so woth help from my local advice centre here in Belfast which is now known as advice space. 
    But a search online at citizens advice site gives some good examples / advice on various stages of claiming PIP and after if youve been disappointed with the results.
    Here is the link to England's citizens advice online
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/

    Hope it helps and I wish you good luck with your reconsideration request.
    Best Wishes 
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    Brilliant, thank you @male45, I'll read that now! How did your own MR go?
  • male45male45 Member Posts: 313 Pioneering
    @Comicmadtitan
    You're welcome
    Not wanting to put you off, my MR failed and I progressed to the next stage which was appeal. 
    Appeal can take some time to take place depending on your area.
    I waited 18 months and had a f2f 4 weeks before lockdown.
    I won my appeal.
    So don't get disheartened keep at it.
    Best wishes


    Best Wishes 
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    I'm glad your decision was a good one @male45! It doesn't put me off as I know theres a chance that it may not go the way that I want, but fingers crossed. Thanks! 
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    I finished writing my MR and it ended on 8 pages, is this a lot? or okay?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    8 pages is an awful lot of reading, which they may not read. All you need to do is point out which descriptors you think apply, your reasons why and a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you. Anything more and you need to think to yourself, is all that really needed.

    Less is often more, keep it simple and straight to the point.
    Community champion and 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.
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    Thanks @poppy123456! A lot of the document is formatted like this: 

    The HP has suggested that the following descriptor applies: 


    1d Needs prompting to be able to either prepare or cook a simple meal. 


    Which means I have been awarded 2 points for this descriptor. I believe that the correct descriptor for this activity that applies to me is: 


    1f Cannot prepare and cook food at all.

    with that spacing and then I give an explanation and real world examples. I've also included the activies I agree with on there decision, should I just cut those out as well? As I totally agree with you, less is more sometimes haha
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Expecting to score 8 points for one activity is an awful lot. If you've never learnt how to cook then you won't score points for this. Whether you'll successfully score anymore than 2 here will depend on how your conditions affect you. Realistically it's not always possible to score as many points as you think. Likewise you could score more points than you think for a certain activity.

    Difficult to advise without knowing exactly how your conditions affect you.

    If it does get to Tribunal one thing to remember is that once you've scored enough points for the maximum award (12) then you won't score anymore points because they won't go any further than they need to.

    Personally, i wouldn't add what you agree with.
    Community champion and 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.
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    That makes a lot of sense poppy, could I potentially as a favour of you. Would you be able to read what I've wrote if I send it privately? Just I know you're a legend around here, and extremely knowledgeable on this. I understand if you're not comfortable with it. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    That's very kind of you to say such kind words, thank you! However, it's not really going to help you even if i did that because i have no idea exactly how your conditions affect you against the PIP descriptors and without knowing all your exact details it would be pointless me even starting to read it.

    It's just not possible to give this level of advice on any internet forum. For this type of advice you need an advice agency to help you because they could spend more time to get to know all about your conditions and i really don't have the time for that, which is why i don't help anyone through private messages.

    Just have another read through what you've written and take out anything that's not really relevant.
    Community champion and 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.
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    That makes a lot of sense, hadn't considered that. No problem at all poppy, I'll have a read through again and my mum will be too. Again, you've been amazing, thank you! 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Youre welcome. Good luck and do let us know the outcome :)
    Community champion and 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.
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    Thank you! I most definitely will! 
  • mikehughescqmikehughescq Member Posts: 5,398 Disability Gamechanger
    Thanks @poppy123456! A lot of the document is formatted like this: 

    The HP has suggested that the following descriptor applies: 


    1d Needs prompting to be able to either prepare or cook a simple meal. 


    Which means I have been awarded 2 points for this descriptor. I believe that the correct descriptor for this activity that applies to me is: 


    1f Cannot prepare and cook food at all.

    with that spacing and then I give an explanation and real world examples. I've also included the activies I agree with on there decision, should I just cut those out as well? As I totally agree with you, less is more sometimes haha
    8 pages is far too much by about 5 pages. I’ve never written an MR behind 3 typed pages. As regards the above it’s a fine example of what you don’t need to write. You could quite literally write 

    “I believe the following descriptors apply to me 
    1f - ...” and then add 1 detailed example. 

  • male45male45 Member Posts: 313 Pioneering
    I'm glad your decision was a good one @male45! It doesn't put me off as I know theres a chance that it may not go the way that I want, but fingers crossed. Thanks! 
    Your welcome amd good luck let's know how you get on
    Best Wishes 
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    @mikehughescq thank you! I thought I was waffling too much, I'll cut that right down. Thank you for the help!

    @male45 thank you and I most definitely will! 
  • depressedmum09depressedmum09 Member Posts: 34 Courageous
    @Comicmadtitan
    Hi, I submitted a written MR just over a week ago. I wrote it in a letter format, i didnt contact them. My letter was 4 pages long but it was necessary in my case to explain how my condition impacts my life as I dont believe the assessor or DM captured that properly. 
    I made my pip claim also for mental health, i have read your example above about not being able to cook or prepare food. Whilst I 100% get where you're coming with this because unless a friend throws something in the oven for me I wont eat because the lack of desire to eat or do anything at all looms everyday, but that option is basically for people who physically cant do it and would need someone to cook for them. (Look at it from a life or death situation, (a bit extreme but i think this might help clarify) if I was told i needed to cook a full breakfast or i would be killed, i would be able to cook that breakfast, whilst someone with no use of their arms wouldnt be able to do it) 
    I cant or prepare food because of my mental health, but in this section I was awarded "needs prompting" which in theory, is correct because I could if it was absolutely neccessary, I just dont do it every day. 
    I think my situation is a little different to yours, I was awarded 11 points on my initial assessment and was given standard daily living but I believe i should be entitled to enhanced rate. 
    I hope you get the decision you are after, I also hope they dont reject my MR and I have to go to a tribunal. The whole process has been so stressful xxx
  • mikehughescqmikehughescq Member Posts: 5,398 Disability Gamechanger
    Where do you specifically think the extra 1 point comes from?
  • depressedmum09depressedmum09 Member Posts: 34 Courageous
    @mikehughescq
    I was awarded 0 points for engaging with people face to face. I receive psychotherapy for my generalised anxiety disorder, i dont even meet the therapist face to face because I cant. I clearly stated I dont/cant go out at all, explained the reasons why and gave examples, also included was several medical evidence reports from my psychiatrist & psychotherapist confirming it all so it made no sense to award me nothing. Thats why I asked for an MR. With just 1 point in that section would have gave me enhanced rate and they awarded me nothing.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's too late now but 4 pages for just 1 activity is rather a lot of writing. Less is often more and keeping straight to the point with a couple of real life examples would have been all that's needed.
    Community champion and 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.
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    Thank you @depressedmum09! That's a good point, i'm still making changes and whatnot so i'll change that I think. Mentally I cannot do it due to OCD but physically I would be able to. Also I got zero for face to face too despite having a bunch of mental health issues that make it impossible for me to do so. But i'll explain that in the letter with examples. Hope your MR goes great! 
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    Would 4 pages be okay? I've cut it down a lot and it is currently sitting at that. Might be less if I change the margins. Also another quick question, I called DWP when I received my decision letter to say that I would like start my Mandatory Reconsideration and that I will be sending in a letter, they said thats fine. I then got a text stating that "You've asked us to look at our recent PIP decision again. We will write to you once we've done this...". I called as I was worried that they were starting without me and the DWP agent said that I shouldn't worry as they wont make the decision yet without me. I'm not too convinced. Does this sound accurate? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It depends how many activies you're disputing. Will they wait for the letter? sometimes they do, sometimes they don't. Personally, i always advise not to request it over the phone because of that reason but this is just my personal opinion.
    Community champion and 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.
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    Thanks for responding poppy, I was advised to call over the phone when I called after receiving my health report, but I think he may have given me some incorrect advice there. I'm scared they won't wait now, dammit. I might call again tomorrow and see what they say, do you think it could be worth it? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If you've done the MR letter then just send it. What's done is done now. MR decision's at the moment have a 54% success rate, fingers crossed you're one of them, if not it's Tribunal. Good luck.
    Community champion and 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.
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    Fingers crossed too Poppy, thank you so much for your help and everybody else. I'm going to send it tomorrow and wait and see. I'll make sure to keep you all updated! Thanks again! 
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    Mandatory reconsideration posted. Will keep you all updated when I hear anything. Everything crossed now haha 
  • Tori_ScopeTori_Scope Community Team Posts: 3,254 Disability Gamechanger
    We look forward to hearing your update @Comicmadtitan! Try and put it out of your mind for the time being, and finally take some time to relax :) 
    Online Community Coordinator, she/her

    Want to tell us about your experience on the community? Talk to our chatbot here and let us know what you think
  • ComicmadtitanComicmadtitan Member Posts: 67 Connected
    Thank you @Tori_Scope! I'll try haha, it's gonna be a long wait. 
Sign in or join us to comment.