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Thread: Appealing mandatory reconsideration

  1. #1

    Appealing mandatory reconsideration

    Hi all my husband went for an atos assessment on the 20th August they decided that he was fit for work and awarded 0 points due to his illness he has osteo arthritus in his shoulders elbows and right knee he also needs a knee replacement but still to young we requested mandatory reconsideration which although he sent his medical reports they still gave him zero points it states that he can walk 200 metres without being in pain which is not the case he also has cervical spondilosis of the spine so sitting down to long causes migraines due to his neck but cant stand for to long without needing to move when he had his assessment he wasnt as bad as it was warm weather he is stuck in doors 9 months of the year because of the damp weather and further appointments for his condition please help

  2. #2
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    Hi

    If you want to go further after a Mandatory Reconsideration then the next step is a full appeal. The details of how to do this should be in the letter you had giving the Mandatory Reconsideration decision. I can't help much as have never had to go through an appeal tribunal, but I'm sure there are people on here who will be along later and can advise you.
    Last edited by noisynoodle; 04-11-14 at 16:13.

  3. #3
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    Please try and keep all your posts to one place, you already have quite an extensive thread, it makes it easier for all of us to follow your case.

    Have you read this ?
    http://www.disabilityrightsuk.org/ap...econsideration

    There are many links off it to help you, you must now initiate your Appeal using form SSCS1, have a read and come back with any questions you may have.
    Last edited by Jard; 04-11-14 at 16:48.

  4. #4
    thank you so much for the information and sorry for using another quote i will seek help from the citezens advice bureau to help fill in the form thanks again

  5. #5
    hi although my husband is getting DLA higher rate mobility would i be able to claim DLA as i have hiatus hernias which cannot be operated on due to no abdominal wall also have a tracheal stent in my wind pipe to keep my airways open although when i get a cold goes straight to my throat which makes it hard to catch my breath im also blind in my left eye and deaf in my left ear all these problems accured after i had a perforated dudenal ulcer which caused septasemia but i dont want to stop my husband getting his DLA thank you

  6. #6
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    It's certainly possible for more than one person in a household to claim, but all new claimants must apply for PIP. DLA is now closed to new claims except for children under 16. Whether you'd be successful depends entirely on how the problems affect your ability to do the tasks on the application form.

    The first step is to start your claim by telephoning the Department for Work and Pensions (DWP) to make a new Personal Independence Payment claim on 0800 917 2222.

  7. #7
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    Your claim for PIP, as indicated by NN, will have no effect on your hubby's award of DLA and vice-versa. Though I would suggest you get some help in making your application as you obviously have a serious set of circumstances to explain, talk to CAB or Welfare Rights about making it.
    Last edited by Jard; 06-11-14 at 01:32.

  8. #8
    thank you i will do that jard and noisynoodle i was more concerned my hubby losing it as he has lost incapacity benefit although we are going to appeal his claim thanks again

  9. #9
    hi the esa letter says although my husband was deemed fit for work they said that he could reapply in 6months if his condition changes we are seeing the citizens advice tommorow about going to the tribunal for his case will i have to still get sick certificates while awaiting tribunal hearing thanks

  10. #10
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    Quote Originally Posted by jacksonator View Post
    hi the esa letter says although my husband was deemed fit for work they said that he could reapply in 6months if his condition changes we are seeing the citizens advice tommorow about going to the tribunal for his case will i have to still get sick certificates while awaiting tribunal hearing thanks
    thats wrong he can claim without any changes after 6 months. he can claim now if his condition changes or he has a new condition, and be paid assessment rate, or claim now with the same condition but cannot receive payments for 6 months.

    as he is fit for work he can sign on jsa for money, but as you are appealing this decision you need a fit note(dont give it to jobcentre) give it to dwp when his appeal is accepted then he will qualify for assessment rate until the appeal and will get it backdated to date of fit note
    Last edited by slipmaster; 09-11-14 at 17:56.

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