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1 year 3 months ago #282138 by RHAN
Which Descriptors was created by RHAN
Hi B&W

Im sorry to do this but I only have few days left to do My MR and don't have help so don't have enough time to try and see if its already been answered in the topics sorry, it probably has but due to my condition it may take me long time to find it. I might have even read it or even shown were to find it, but my condition cause’s memory problems and more, I even ask the same questions again so I apologise For that.

I have a question,

Im starting the Activities and my reasons why I think I fit a descriptor (more than 0 points in all of them for sure). I would like to know , that when i give my reasons why i disagree, if I can actually say which descriptor I fall into? Like I believe I fulfil descriptor e ……for instance?

Would that be fine to do?

Thanks in advance:)

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1 year 3 months ago #282150 by BIS
Replied by BIS on topic Which Descriptors
Hi RobinGoch

Yes, you can say which descriptor you think you fall into.

Good luck with getting it completed.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 year 3 months ago #282168 by RHAN
Replied by RHAN on topic Which Descriptors
Hi Bis

Thank you. I have another two questions and it think this is it for now.

Q1. My multiple conditions varies, and well over 50% of the time with the them all.
And I am explaining them all. So im not omitting anything as best as i can do it anyway.

But when it comes to saying which descriptor I believe applies to me, What happens If I actually fulfil more than 2 descriptors in one activity ?
Do I say for eg. I think descriptors B,D,F apply, or just focus on D,F since they are the highest scoring?
Just a bit confused here as one activity I find I'm ticking B,D,E,F ? Thats 4 descriptors I fall into.

Q2. When my sister Rings the DWP to ask for reconsideration on my claim, can she ask that I have more time to prepare the paperwork on the reasons why I disagree and send it in once im done as i know i wont get the paperwork in before the deadline?
I don't want the decision maker going over just my CQ form pack again without receiving my reasons why first. Is it possible to ask for an extension?

Thanks in advance:)

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1 year 3 months ago #282177 by BIS
Replied by BIS on topic Which Descriptors
Hi RobinGoch


Q1 - Go for the highest descriptor. There's no way I would say that I fell into four descriptors - you could guarantee that the DWP would choose the one with the lowest score.

Q2 - Extensions are not usually given for Mandatory Reconsiderations and certainly not with an open-ended 'when you're done'. Your sister can certainly ask, and who knows, they may agree.

BIS

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1 year 3 months ago #282234 by RHAN
Replied by RHAN on topic Which Descriptors
Hi Bis

RE : Q1. Thats a thought, I will stick with the highest that applies.

RE : Q2. DWP has said, although we have to request a reconsideration within a month, were allowed up to 13months to send in anything to support the request for Recon, and they will note it on the system that I will be sending in my paperwork. So i can relax now as I’ve initiated the MR in time, and can continue to work on the reasons why I disagree at a pace that suits me, so less chance of making mistakes or missing out information.

Thank you Bis.
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1 year 3 months ago #282315 by LL26
Replied by LL26 on topic Which Descriptors
Hi RobinGoch,
There are clear rules about where than one descriptor within the set applies. This is Regulation 7 PIP Regs 2013.
Basically if more than one descriptor in the same set applies equally, ir the majority if days, the highest value will apply and should be awarded. Of more than one descriptor apply unequally, then the most prevalent one is the correct one. It is also possible to aggregate 2 or more descriptors in the set to reach 50%, and the most prevalent or highest value rule will then apply.
DWP is notoriously bad at at applying Reg 7. You can explain that you have various difficulties, that might represent eg b, c,d etc in the section, but that 'under Regulation 7, ---d should be awarded as this is the highest value..."
I hope this helps.
LL26

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