Mandatory Reconsideration

HealthyUnicorn
HealthyUnicorn Online Community Member Posts: 86 Contributor
in PIP, DLA, ADP and AA
I am just wondering, if someone has an existing claim, followed by completing a change of circumstances process including another assessment, once a decision is made in the award and the award is increased from the existing claim when then seeking a MR, will one be paid on the existing rates or the increased award rates?

Comments

  • HealthyUnicorn
    HealthyUnicorn Online Community Member Posts: 86 Contributor
    Also, I’m curious, is worth going through MR so I can enhances rate on both daily living and mobility component? At present, if the decision makers agree I have got standard for daily living and enhances for mobility. In the daily living section, the assessor has consistently disregarded my fatigue as I don’t have a diagnosis of Chronic Fatigue Syndrome. I live with fatigue as a result of unresolved symptom from the hypothyroidism still, and a few months ago I have an ESA assessor reports that have me the highest amount of ESA due to my fatigue as demonstrated in their report. I feel I could just use the ESA itself to prove my fatigue is real and is symptom of hypothyroidism. 

    Silly really! Why would anyone need a seperate diagnosis of Chronic Fatigue Syndrome when fatigued is a known symptom of the condition you are claiming for?! 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Any new decision made will overrule you current award. This means that if you request the MR your new payments will continue while you wait for the decision. 

    Regarding your diagnosis. PIP isn't about a diagnosis. Whether it's possible to score enough points for Enhanced daily living will totally depend on how exactly your conditions affect you.

    For the LCWRA award, you weren't awarded it because of any diagnosis. You were awarded because of the way your health conditions affect your ability to work and one of the descriptors applied to you.

    PIP and LCWRA are 2 completely different benefits, with totally different criteria.

  • HealthyUnicorn
    HealthyUnicorn Online Community Member Posts: 86 Contributor
    What does a Mandatory Consideration involve exactly?
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    HealthyUnicorn said:
    What does a Mandatory Consideration involve exactly?
    A different decision maker will look at your claim again and make another decision. MR decisions mostly remain the same for PIP and only about 23% of them change at this stage. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration-pip/
  • HealthyUnicorn
    HealthyUnicorn Online Community Member Posts: 86 Contributor
    poppy123456 said:
    HealthyUnicorn said:
    What does a Mandatory Consideration involve exactly?
    A different decision maker will look at your claim again and make another decision. MR decisions mostly remain the same for PIP and only about 23% of them change at this stage. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration-pip/
    Thank you. I was more interested in the process involved. I’ve seen the CAB website on it previously and I am nine the wiser of what it involves such as if someone is assessed again and how long it takes or what you get paid while you request a mandatory reconsideration.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Any current award you have will continue while you wait for the decision. You don't need another assessment as it's exactly how I advised above. Timescales for decisions are up to 12 weeks. 

    The most likely outcome will be the decision remains the same as only about 23% of them change at this stage. More chance of success at Tribunal, assuming you either appear in person or have a telephone/video hearing and then it's about 68% success rate. 

Categories