Mandatory reconsideration

born_again

Seeking advice from fellow members who have been through a Mandatory reconsideration.

We have received report from DWP (awaiting outcome) but I have concerns over 1 of the activities & it's score.
Just preempting in case it is needed.

I can fully explain why I think it is wrong. 

When you have contested. Do you point out what you think it should have scored over what assessor is giving.

So basically I'm adding

I feel that given XX is unable to inject herself that this should fall under C rather than B as per assessment.

Or would you leave that out?

I'm guessing that assessor takes it that an aid or appliance is actually me, as I have to give the injections 🤣

tacpot12

You can't be an aid or appliance. You can be the person who provides assistance to manage medication, so that the claimant can score 1 point if the time you spend injecting the person is less than 3.5hours a week, or 2 points if it is less than 7 hours but more than 3.5 hours a week, and so on for greater levels of time you might spend helping the claimant to administer their medication.

I would say the best advice is to argue for every point, even if it is just one point, if doing so changes or might change the level of the award.  

born_again

tacpot12 said:

You can't be an aid or appliance. You can be the person who provides assistance to manage medication, so that the claimant can score 1 point if the time you spend injecting the person is less than 3.5hours a week, or 2 points if it is less than 7 hours but more than 3.5 hours a week, and so on for greater levels of time you might spend helping the claimant to administer their medication.

I would say the best advice is to argue for every point, even if it is just one point, if doing so changes or might change the level of the award.  

This is the point I'm looking at. 
As I do everything in terms of medication. 

So I'm looking at
c. Needs s supervision to help them stay safe, or reminding or encouraging, or physical help to be able to manage therapy that takes no more than 3.5 hours a week. - Score 2

But Assessor has marked this, despite being told & actually writing in the report, that I do all injections.
b. Needs to use an aid or appliance to be able to manage their medication; or needs supervision to help them stay safe, or reminding or encouraging, or physical help to manage their medication or monitor a health condition. - Score 1

Which I'm hoping DWP will pick up on.

peteuk

How often are the injections?

born_again

peteuk said:

How often are the injections?

Diabetes twice a days & another 3 times a week.

Spoonie_Turtle

born_again said:

 
When you have contested. Do you point out what you think it should have scored over what assessor is giving.

So basically I'm adding

I feel that given XX is unable to inject herself that this should fall under C rather than B as per assessment.

I did.  A sample of n=1 is not statistically significant of course but my MR was successful, FWIW.

born_again

Spoonie_Turtle said:

born_again said:

 
When you have contested. Do you point out what you think it should have scored over what assessor is giving.

So basically I'm adding

I feel that given XX is unable to inject herself that this should fall under C rather than B as per assessment.

I did.  A sample of n=1 is not statistically significant of course but my MR was successful, FWIW.

Thank You, just what I was looking for. 👍

TBH, when looking at the different results that can be given. There is to much overlap between many of them, rather than a clear it is this one... 

Spoonie_Turtle

born_again said:

Spoonie_Turtle said:

born_again said:

 
When you have contested. Do you point out what you think it should have scored over what assessor is giving.

So basically I'm adding

I feel that given XX is unable to inject herself that this should fall under C rather than B as per assessment.

I did.  A sample of n=1 is not statistically significant of course but my MR was successful, FWIW.

Thank You, just what I was looking for. 👍

TBH, when looking at the different results that can be given. There is to much overlap between many of them, rather than a clear it is this one... 

Do you mean of the descriptors?  There's guidance for when two different descriptors apply (usually for fluctuating conditions)

"2.1.10 If 2 or more descriptors in an activity are likely to apply on more than 50 per cent of the days in the period then the descriptor chosen should be the one which is the highest scoring.

2.1.11 Where one single descriptor in an activity is likely to not be satisfied on more than 50 per cent of days, but a number of different scoring descriptors in that activity cumulatively are likely to be satisfied on more than 50 per cent of days, the descriptor likely to be satisfied for the highest proportion of days should be selected. For example, if descriptor B is likely to be satisfied on 40 per cent of days and descriptor C on 30 per cent of days, descriptor B should be chosen. Where 2 or more descriptors are satisfied for the same proportion of days, the descriptor which is the highest scoring should be chosen."

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

born_again

Spoonie_Turtle said:

born_again said:

Spoonie_Turtle said:

born_again said:

 
When you have contested. Do you point out what you think it should have scored over what assessor is giving.

So basically I'm adding

I feel that given XX is unable to inject herself that this should fall under C rather than B as per assessment.

I did.  A sample of n=1 is not statistically significant of course but my MR was successful, FWIW.

Thank You, just what I was looking for. 👍

TBH, when looking at the different results that can be given. There is to much overlap between many of them, rather than a clear it is this one... 

Do you mean of the descriptors?  There's guidance for when two different descriptors apply (usually for fluctuating conditions)

"2.1.10 If 2 or more descriptors in an activity are likely to apply on more than 50 per cent of the days in the period then the descriptor chosen should be the one which is the highest scoring.

2.1.11 Where one single descriptor in an activity is likely to not be satisfied on more than 50 per cent of days, but a number of different scoring descriptors in that activity cumulatively are likely to be satisfied on more than 50 per cent of days, the descriptor likely to be satisfied for the highest proportion of days should be selected. For example, if descriptor B is likely to be satisfied on 40 per cent of days and descriptor C on 30 per cent of days, descriptor B should be chosen. Where 2 or more descriptors are satisfied for the same proportion of days, the descriptor which is the highest scoring should be chosen."

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

Yes descriptors.
Would quoting these regs be a good thing on a MR or not?

Spoonie_Turtle

born_again said:

Spoonie_Turtle said:

born_again said:

Spoonie_Turtle said:

born_again said:

 
When you have contested. Do you point out what you think it should have scored over what assessor is giving.

So basically I'm adding

I feel that given XX is unable to inject herself that this should fall under C rather than B as per assessment.

I did.  A sample of n=1 is not statistically significant of course but my MR was successful, FWIW.

Thank You, just what I was looking for. 👍

TBH, when looking at the different results that can be given. There is to much overlap between many of them, rather than a clear it is this one... 

Do you mean of the descriptors?  There's guidance for when two different descriptors apply (usually for fluctuating conditions)

"2.1.10 If 2 or more descriptors in an activity are likely to apply on more than 50 per cent of the days in the period then the descriptor chosen should be the one which is the highest scoring.

2.1.11 Where one single descriptor in an activity is likely to not be satisfied on more than 50 per cent of days, but a number of different scoring descriptors in that activity cumulatively are likely to be satisfied on more than 50 per cent of days, the descriptor likely to be satisfied for the highest proportion of days should be selected. For example, if descriptor B is likely to be satisfied on 40 per cent of days and descriptor C on 30 per cent of days, descriptor B should be chosen. Where 2 or more descriptors are satisfied for the same proportion of days, the descriptor which is the highest scoring should be chosen."

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

Yes descriptors.
Would quoting these regs be a good thing on a MR or not?

I wouldn't, I'd just focus on determining which descriptors apply and explaining why. 

If it is a complicated one with multiple descriptors applying at different times, in the explanation you probably would need to reference how much of the time each applies, but that's different from quoting guidance or legislation at them.