Should I risk a mandatory reconsideration?

mrsrickgrimes

I posted earlier regarding my PIP claim. I was previously getting standard mobility. Had another assessment and was awarded standard care but no mobility. I was happy with a higher award but asked for a copy of the Assessors Report.
This arrived last week, a day after i finally received my award letter.
On the whole it was accurate.
The assessor awarded me 8 points for moving around and 8 points for care.
I then realised that the DM had obviously got advice from a nurse who never saw me, and changed it to 4 points. The reason being i could use a stick but i did make it clear that i have a hand injury due to a fall, and secondly i suffer drop falls so a stick just isnt going to prevent that.

Now tbh i wasnt too worried about loosing the mobility as ive gained the care element but ive since found out that i would have automatically got a blue badge on 8 points.

I have a brain and spinal scan on the 8th and my consultant is seeing me on the 14th with results. Its very likely I have MS. A MR has to be in by the 14th. Im thinking do i put it in now and wait for confirmed diagnosis and send on, wait until i get results and put in an out of time MR, or just not risk loosing what i have been awarded?

This is confusing for me. Im still coming to terms with the prospect of having MS at 43 years of age.

I think im annoyed ive lost those 8 points as i cant move safely and the assessor saw that.

I would be so grateful for some input
Thanks

[Deleted User]

Standard care could get you SDP if you claim esa and no one lives with you and no one gets carers allowance, or someone could claim CA if you have someone providing 35 hours of care.

mrsrickgrimes

Ive no idea what you mean. Im asking about whether i should risk a MR. Not esa .....

jennilb

This new case law suggests that you shouldn't need to worry too much about the 1 month deadline for MR. So maybe think about it once you know the diagnosis, and the prognosis?

https://www.theguardian.com/society/2017/aug/04/uk-judges-rule-dwp-wrong-to-deny-appeals-over-refused-benefits

Best of luck

poppy12345

mrsrickgrimes wrote: »

Ive no idea what you mean. Im asking about whether i should risk a MR. Not esa .....

Venison was just pointing out what you could claim on top of your PIP if you claim Income related ESA.
It's entirely your choice whether or not you go for the MR. Most MR's remain the same so the chances of you having to take it to Tribunal are very high, (if you appear in court that is) You do risk losing everything you have so bare that in mind because they look at the whole award again. On the other hand your awardcould also increase or as i said stay the same. Did you score any points for mobility? and how many did you score for daily living? If you're not far off an award for mobility then maybe it's worth risking it. Either way, i'd advice asking CAB for their help. Good luck.

mrsrickgrimes

I got 8 points for daily living
And 8 points for moving around but changed to 4 points by the decision maker

T I A

Muttleythefrog

Advise as above.. you could go for MR... you've got the assessment report and hopefully all other evidence? The evidence regarding the nurse who has further advised the DWP I would try to get hold of... I'm not sure how regular it is for this to happen but important regardless to know what they've provided as evidence into the process. There is obviously risk associated with asking for a MR or thereafter an appeal at tribunal (if you have been given an award) but they typically run as low risks... but obviously case to case that varies and I suspect the general lack of response to your thread here is because you may be one of those cases where it is harder to give clarity as outsider. I say this for three reasons... you're borderline getting an award of standard Daily Living.. and secondly you seem to think the likely key evidence used in the case was 'on the whole accurate' (however as noted not entirely applied)... thirdly whether you can make a strong case for award scoring mobility descriptors may well need a deeper look at the facts of your case alongside sound technical understanding of descriptor application surrounding use of aids as example and the durability and frequency of such requirements.

My advice in this case given the likely area(s) of contention would be to get professional support from CAB or the like. If you do go down that route beware of time... 1 month from date of decision letter to make MR.. however as advised above a recent legal ruling may open door to some great flexibility in making an appeal should you fail to make timely MR request. In general MR requests fail to provide much change.. seems the DWP even have a target of keeping 80% of decisions the same at MR... but appeal tribunal is statistically much more likely to change decision favourably and I would propose that's because more likely prepared to open their minds to your direct evidence and other evidence in the case.