As the title says Mandatory Reconsideration is a farce and I have proved it so allow me to explain how I did this, but first reading the below blog first will give some background.
Mandatory Consideration the mini appeal to DWP that you have to do in order to exercise you right to a HMCTS Tribunal but in reality it is a useless layer of bureaucracy that causes needless additional stress anxiety and worry to many claimants as well as delaying moneys they are entitled too in more cases than not.
IT SERVES NO PURPOSE AT ALL OTHER THAN TO HINDER AND FRUSTRATE YOUR JUST CLAIM TO PIP AND MANY OTHER BENEFITS.
Only about 16% of mandatory reconsiderations are successful at this stage but of those who go on to Tribunal that figure jumps to about 76% but lets not forget many more who could have won, but drop out at mandatory reconsideration and lose the will to fight the injustice further that is a dereliction of duty on the DWP.
So 17th August 2018 I was discharged from QA Hospital Portsmouth having undergone major surgery to remove my bladder, prostate and some lymph nodes it was a successful operation from a clinical point of view as I am now free of the big C and 2 further CT Scans has proved that remains the case, however recovery from such major surgery continues as fatigue remains a battle.
Now I was due migration from DLA which I was already getting due to SAH Stroke in April 1990 to PIP so rather than wait for that letter to come I phoned them up to report a change in condition something the DWP makes clear that always must be done as is a change of circumstances and thus could in their eyes be committing benefit fraud if I did not report.
So a claim for Personal Independence Payment was started in a way I was glad as it gave the opportunity to put my claim of DLA right that I had always believed was wrong from 2007 and thus get this claim for PIP put right with the right award and I was ready for that fight I knew was coming so had prepared myself very early on by reading and learning much research.
Fast forward to March 2019 and I got that award of enhanced care but again no award for mobility which I was adamant given my level of disability I was entitled to so the Mandatory Reconsideration went in which I had already prepared on the basis of the PA4 Assessors report which was like many of there reports a pack of lies that did not relate and missed out much of what I said. A COMMON THEME
June 2019 I got the Mandatory Reconsideration Award Letter it was no change and I now suspect that MR Letter just sat on DWP Systems until it was time to send out a response and thus no due consideration given whatsoever that view was to be further enforced.
So not ready to give up yet I submit my Tribunal Form online it was I found an easy process that took no more than 10 minutes to do and my grounds of appeal was my Mandatory Reconsideration Letter that I had already sent to DWP no more no less as I knew I could send further evidence once the DWP had replied to my initial submission.
I was expecting a drawn out appeal to HMCTS with at least a year’s wait to get to a hearing so started preparing by reading case law and hansard as I was not just appealing the mobility component of PIP but the length of award too so I was ready to submit a full and detailed submission when the time came, naturally this was time consuming and draining due to my disabilities and in particular Executive Dysfunction a by product of SAH STROKE but understood the need to research so pushed myself in the mornings when my brain was best refreshed.
Now her comes the cracker that proved all my doubts about Mandatory Reconsiderations, I got a text from HMCTS saying that my Tribunal had been lapsed in my favour by DWP and thus case closed just three weeks after filing it online.
I was now on tender hooks wondering what had happened and what the word lapsed meant although grateful it was in my favour so grabbed myself a coffee and chilled until the DWP Letter dropped on my door mat.
That was not a long wait as it arrived the same day a few hours later, I had WON enhanced on Mobility, going from zero points to 12 points for moving around and reading further down it was ongoing for 10 years with a light touch review.
So what was the climb down all of a sudden in such a short space of time as I gave the Tribunal no more than the DWP already had and as I said my grounds of appeal was the MR Letter word for word?
My only conclusion is that the DWP did not give my evidence the due consideration it deserved and chose to rely too heavily on the PA4 report and knew with it going to Tribunal that evidence WILL BE GIVEN the due consideration that the DWP did NOT give and thus the DWP Appeals Case Manager decided it not worth fighting at Tribunal.
DWP GIVE WEIGHT TO THE ASSESSORS PA4 REPORT AND YOUR EVIDENCE TO A DECISION MAKER COMES SECOND TO THAT PA4 REPORT, IT IS NOT UNTIL YOU APPEAL TO A TRIBUNAL THAT THE SCALES OF JUSTICE TIP IN YOUR FAVOUR AS THE TRIBUNAL GIVES YOUR EVIDENCE THE DUE CONSIDERATION IT DESERVES.
So there you are MANDATORY RECONSIDERATION is a FARCE and its purpose is only to frustrate and stop a claim going to HMCTS Appeal and my advice is don’t stop at MR but fight all the way as you have that 76% chance of winning especially if you have the evidence to back you up.
TO MANY DROP OUT AND GIVE UP AT THE POINT OF MANDATORY RECONSIDERATION JUST AT THE POINT WHEN YOUR CHANCES OF WINNING ARE FAR FAR GREATER DONT.
Bureaucracy wastes money, money that could be spent on actually helping citizens