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Thread: Preparing for Mandatory Reconsideration - Please Help

  1. #1
    Member
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    Sep 2014
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    Wales
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    Preparing for Mandatory Reconsideration - Please Help

    Hi All,

    I sent my PIP claim in two weeks ago and thought I'd start to prepare for Mandatory Reconsideration if and when it is needed. Here is a sample of what I'm doing - please critique and point me in the right direction. As you can see in the example, I have tried to match each descriptor to the proportion of time that it applies, and then added further info under separate headings below. Is this the sort of thing they're looking for at Mandatory Reconsideration stage, or something more/different? Thanks in advance for all your help - it really is invaluable.

    PREPARING FOOD:

    a. Can prepare and cook a simple meal unaided.
    I am always unable to prepare and cook a simple meal unaided.

    b. Needs to use an aid or appliance to be able to prepare or cook a simple meal.
    I always need to use an aid (chunky tin opener, slotted spoon etc).

    c. Cannot cook a simple meal using a conventional cooker but is able to do so using a microwave.
    I am able to use a conventional cooker.

    d. Needs prompting to be able to either prepare or cook a simple meal.
    I need prompting to be able to either prepare or cook a simple meal at least 3 days each week.

    e. Needs supervision or assistance to be able to either prepare or cook a simple meal.
    I always need assistance to prepare food (peel, chop, cut, lift saucepans on and off the hob) and to serve food. I always need supervision to prevent/reduce risks (cutting myself, scalding myself by being unable to lift saucepans on and off the hob, pouring hot liquids).

    f. Cannot prepare and cook food.
    I am unable to prepare and cook food at all safely, reliably or as often as needed without supervision or assistance due to the combined effects of my conditions on 5 days out of 7.

    WHAT I FAILED TO EXPLAIN
    The weak grip I experience opening screw tops is because it is difficult for me to use my thumb and forefinger together in a squeezing/gripping motion.

    Weakness in my right wrist causes discomfort when I am preparing vegetables.

    When I lift saucepans on or off the hob I experience pain in my right upper arm and right wrist, causing me to have to put the pan down immediately or I will drop it.

    I experience extreme tiredness and inability to sustain/repeat the action (eg preparing vegetables) even if I sit down to perform the task.

    When I am standing (as at the sink to wash up, or at the hob) I experience a 'sciatica-like' pain in my right buttock down the back of my right thigh, causing inability to bear weight on this leg, adding to already-difficult balance problems.

    WHAT I DIDN'T MAKE CLEAR



    WHAT THE ASSESSOR COULD NOT HAVE KNOWN



    WHAT THE ASSESSOR WOULD NOT HAVE SEEN

  2. #2
    Hello

    Just read your post.I am also in the middle of a mandatory reconsideration after receiving the initial decision. It did not fully satisfy what i had attempted to put forward in my initial submission.
    In your case I am not an expert in this but would it not be best to wait to see what exactly they award (or not) you points for, so that you have a basis for doing the reconsideration?
    Then it would make it easier to address the last 3 sub headings you have listed above?

  3. #3
    Senior Member
    Join Date
    Dec 2013
    Posts
    3,512
    I join Yvonne in believing it's difficult to prepare for a reconsideration before you receive a decision, tattymama. Until you have a decision you wish to challenge you have no idea where you have been under assessed.


    It's also important to remember that aim at whatever stage you are at - filling in the PIP2, face to face assessment, reconsideration, an appeal or a change of circumstances (if you are awarded PIP) - is to make the case that you more likely than not qualify for particular the award of benefit. There's no point concerning yourself with a lot of detail that will not change the outcome.

    To give an example, there are times when I am too impaired to make decisions with consequences, but this never exceeds more than half of days, so I'm not going to score anything for the "making budgeting decisions" activity. I put a couple of sentences into my PIP2 acknowledging that I had some difficulty in this area, but that it would not amount to problems making complex budgeting decisions on more than half of days. Had I taken this futile line of argument any further, I would only have drawn attention away from the areas of my submission where I was entitled to points.


    It is never necessary to challenge an error in your assessment report just because there is an error. As Helen's experience shows (last section of the linked post), you can move from 0 points to an award of both components by providing better quality explanations of the limitations your condition imposes on your ability to carry out the PIP activities. As part of this process, you might find yourself taking issue with something in the assessment report, but it's important to remember that benefit decisions are made to the civil standard of proof - what is most likely based on all the evidence. If you provide a coherent and consistent explanation, backed by supporting evidence when possible, that happens to contradict something in the assessment report, that strongly suggests the assessment report is incorrect on that point.

    It was stressed in my legal training that the next most important thing to deciding what must go into an argument is deciding what to leave out. You can draw attention away from the important points of your argument by including points of minimal or no relevance. This suggests that reconsideration submissions should be targeted towards those areas where you appear to have been under assessed rather than taking the scatter gun approach of challenging everything that appears to be wrong.


    I think you might be trying to overthink the whole process. If anything glaring comes to mind, I'd make a supplementary written submission or, if you have a face to face assessment, mention it to the assessor. Otherwise, I'd wait until you have a decision you are not happy with before attempting to construct a reconsideration submission.

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