Mandatory reconsideration pip - Fibromyalgia Acti...

Fibromyalgia Action UK

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Mandatory reconsideration pip

Bue2 profile image
Bue2
17 Replies

I recently had a pip review , and included details of my worsening symptoms and struggles, I had the assessment recorded on the phone, they informed me that they would also keep a recording. 2 weeks later I recieved my award letter and they have taken my daily living payment off me . I was on the standard rate of daily living and mobility. They have missed out some of the information I gave them and said I can walk more than 20 metres, which is not what I said. How can they pressume how I'm affected when I gave them the honest facts. I rang them to do a mandatory reconsideration, this is causing me a great deal of stress as I relied on the award I'd originally had to at least get me out once in a while, now I'm just going to be existing in 4 walls. Has anyone had any success with mandatory reconsideration?

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Bue2 profile image
Bue2
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17 Replies
Yassytina profile image
YassytinaFMA UK Volunteer

Sorry too read your experience, I hope some of our members will read your post and give you some advice and also share their experiences with you. It does seem very unfair when you have been honest and they have written down things you didn’t say, I’ve read here before members have gone threw the same experience and appealed, I hope things work out very soon for you xx

rosewine profile image
rosewine

Just a thought. When you had the letter with the new award, have a look what they based their decision on. They stated on mine that they partly based their decision on a form and letter from my doctor. I knee my doctor was supportive of me do rang and asked him why he had sent a negative letter, etc. In fact they had never asked him for his input. I told them I would have much pleasure seeing them at the tribunal. Within 5 days they had reversed their decision. If your recording is clear and you can hear yourself on it saying you couldn't walk more than 20 metres refer to that. If they ask for a copy as they often say there was something wrong with their recorder make sure you do a copy of yours before sending it off.

Is there any new evidence that has come to light since you have had the assessment such as a hospital appointment about your problems with walking or doctor referral.

Good luck.x

Bue2 profile image
Bue2 in reply to rosewine

Thankyou for this, yes my doctor is doing me a letter as they said they had no input from doctor or my physiotherapist or pain clinic 🤔

rosewine profile image
rosewine in reply to Bue2

That's great. Hope you get a good decision. It's so nerve-wracking as that extra money really helps. It enables me to run my little car and makes me more independent.

Nelly1 profile image
Nelly1

Hi. Blue2.

Yes I did a mandatory reconsideration a couple of years back as I too had my award lowered - actually mine was completely taken away. Like you there was a few things missing and a few things misunderstood or ignored during the assessment.

I did my mandatory reconsideration honestly stating which points I disagreed with and then an explanation of why I disagreed.

One of which was -You regularly attend the gym!

My reply was.

I actually attend a GP referral physical activity scheme.

Which is a graded excercise program with assisted equipment to help people with long term health conditions. I also sent a link to the scheme.

I got my award back. I believe it’s worth doing it as long as you have all the evidence.

Good luck 🤞

22pagets22 profile image
22pagets22

Morning bue2 sorry you had such bad experience I had to request a mandatory reconsideration on my first assessment in 2014 where I had the assessment face to face and I found 30 items wrongly written or down right lies so I rang up told them I was willing to go to tribunal and wanted to challenge the assessment I had it reviewed and was awarded what I was entitled to and again in 2015 then 2019 I always start when assessed I told the how badly I was treated and asked for recordings and paper copies of everything so you have proof this time I had review assessment 2022 and finally got 10yr award for both criteria but I used a Advisor and its hard work but keep the faith good luck

Ladygelf profile image
Ladygelf

Yes, I had help from Fightback4justice and had success. There is a cost but it was worth it for me as I couldn’t face attempting it on my own. They took all the worry and stress from me.

Wishing you all the best.

xLGx

Badbessie profile image
Badbessie

Basically I always prepare for a mandatory reconsideration before even getting the award result. I have always won. If you have a recording then it will be a fairly simple action. Just point out what they missed and your evidence for claiming it.

Nitroblonde20 profile image
Nitroblonde20

I have done mandatory reconciliations every time I have lost my dla then pip a total of 5 times I have had my car taken off me every time when it was dla I was awarded the highest amount on both but when it changed to pip I got the car but not the care I ended up on every occasion going to court and won every time the stress it causes is absolutely unbearable keep going don't give in they do lie too often we aren't treated as people

Bue2 profile image
Bue2 in reply to Nitroblonde20

It's shocking how they treat people, these geniune people with genuine pain and struggles which are only made worse by the way they are put through the force to fight for what they deserve to give them a half decent quality of day to day life

Buttercup74 profile image
Buttercup74

Hi Bue2,Sorry to hear that you have had points taken off and the daily living element removed. Have you asked for a copy of the Assessor's report so you can go through it to see what was written?

I tried for a MR and sadly no change so I have started an appeal. This is the third time I have to go through this process, the last two times I was awarded the points I expected so you'd think the DWP would honour the same point as this condition doesn't improve. The whole experience of dealing with the DWP is so frustrating.

The have responded to the Court asking for my Appeal to be thrown out despite starting their response with "No identifiable changes".

I would like to let you know that despite it taking time for a date from the Courts the experience is not that bad (from my two experiences at least) and the panel seemed to be understanding; you can also ask for a hearing by phone which makes it easier.

I wish you every success with your MR and I hope you get your standard rate reinstated.

I would suggest you have a look at the Benefit and Work website - there's some good advice for every stage of the PIP process.

Sending you very best wishes 😊

Bue2 profile image
Bue2 in reply to Buttercup74

Thankyou. I hope it all goes well for you too x

fibo profile image
fibo

Hi yes mandatory reconsideration is a good idea I have won each time I've never won at review they are very hard with this walking they just don't believe it I have had this argument time and time again because of the delay we experience being that we cannot, we can do it but we dieing the next day point out PEM as a problem take care

Bue2 profile image
Bue2 in reply to fibo

Yes they are very crafty how they word things, then ignore the simple facts you give them

Jan1964 profile image
Jan1964

Sorry about your experience. I appealed for my father in law last year. The mandatory reconsideration gave the same decision, but the letter I had written was considered by the tribunal board. They took time to consider the evidence I had put forward and even without asking my or dad any questions, announced that they were overturning the decision and gave him enhanced rate for both. It was the right decision and they awarded it for 4years. I intend to be with him for his next review, have it recorded and ask for a full written transcript of the assessment. I know some assessors are lovely and do write what you say. My own assessor was really great and pointed out restrictions I didn't even consider as I just do things the easiest way I can. It helped that I had strong medical evidence of all my symptoms and conditions though. She said the neurologist letter had everything she needed to complete the report.

So do follow the process through to tribunal and let the panel sort it for you. Hugs, hope the money is back in your account soon xx

releasethemagic profile image
releasethemagic

Don't rely on the DWP letter about the report that the assessor produced. Ask for a copy of the assessor's actual report. You are entitled to it. Also contact the Benefits Advisor at FMA UK and ask for copies of the Benefits and Work Guides " -The Best Possible Challenge To A Personal Independence Payment (PIP) Decision - A Guide To Mandatory Reconsiderations and Appeals" and "The Best Possible Ways To Challenge a PIP Medical Report." Not too many MRs succeed but nearly 3 in 4 appeals are successful at Tribunal, so don't be deterred - pursue it all the way to the end of the process.

Endolemon profile image
Endolemon

I have got 0 points after an assessment, 4 points after Mandatory Reconsideration

And waiting for a tribunal now.

Using Fightback4justice ,there is a charge of £120 but they help a lot .

Good luck 🍀

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