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MR PIP HELP - DWP not gone with assessor’s recommendations

lgerman1

Hello, so I have had a telephone assessment last month and then I asked for the report. I had already started drafting an MR because I didn’t agree with the points given despite the things that was recorded in the report. Upon my own calculations and from the report I should have got the standard rate HOWEVER I have today received my ‘award’ text and have called DWP who have said that I’ve only been awarded standard for mobility and nothing for daily living. I definitely wasn’t expecting that as it means they did not go with the assessors report recommendations.

Has anyone had that before?! I’m going to have to further amend my MR. But I was just very shocked.

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Comments

onebigvoice

The Assessors report is as you say a recommendation to the decision maker, iut is the Decision maker that makes the final decision on ALL the available evidence. If you as suggested are happy with the result, then there is noting else to do except wait for the hard copy of the entitlements which would include the start date and period of entitlements.

lgerman1

I totally agree but have never heard of this happening. So would be grateful to see if anyone has had the same thing and done an MR

just to clarify I am not happy with the decision which is why I will be doing an MR

calcotti

lgerman1 said:

I totally agree but have never heard of this happening. So would be grateful to see if anyone has had the same thing and done an MR

just to clarify I am not happy with the decision which is why I will be doing an MR

It does happen. The Decision Maker is exactly that - the maker of the decision. In practice they usually go with the assessment providers recommendation but their proper job is to review all the evidence of which the assessment report is only one part.

You will need to wait for the decision letter and then do an MR. Remember that you are challenging the decision, do not get focused on the report. You need to highlight the difficulties you have on the majority of days to show why you should be given points to qualify for a PIP award.

rebel11

Even Decision Makers get things wrong, so in theory yours should be fairly straightforward to get the PIP you believe you should get at the MR stage.

JBS2022

The DM uses all the information to make a decision not just assessment, if the info in the application is different to what's in the assessment they'll use the lesser information to make a decision. It's what tends to happen when there is contradictory statements, or the claim just gets refused altogether. They are the only circumstances I know of where DMs change a decision.

lgerman1

Oh thank you all. I think even from reading the report I am shocked at the outcome received. I will keep you all updated on the MR and once I receive the decision letter. Who knew this process would be soo stressful

calcotti

JBS2022 said:

... They are the only circumstances I know of where DMs change a decision.

The DM is not changing the decision, they are making a decision (which may be different to the recommendation made by the assessment provided).

The DMs should override the AP much more frequently. It is clear when looking at claims it is often obvious that the AP report is not consistent with the other evidence.

JBS2022

What I meant to say was where DMs make a decision that differs from the assessor.

calcotti said:

JBS2022 said:

... They are the only circumstances I know of where DMs change a decision.

The DM is not changing the decision, they are making a decision (which may be different to the recommendation made by the assessment provided).

The DMs should override the AP much more frequently. It is clear when looking at claims it is often obvious that the AP report is not consistent with the other evidence.

calcotti

JBS2022 said:

What I meant to say was where DMs make a decision that differs from the assessor.

calcotti said:

JBS2022 said:

... They are the only circumstances I know of where DMs change a decision.

The DM is not changing the decision, they are making a decision (which may be different to the recommendation made by the assessment provided).

The DMs should override the AP much more frequently. It is clear when looking at claims it is often obvious that the AP report is not consistent with the other evidence.

Well in the case of the OP the decision has gone against them, not for them.

I know. I didn’t suggest otherwise, my comment was intended to highlight that the DM is supposed to consider and then decide, not simply follow the report.

onebigvoice

calcotti said:

JBS2022 said:

What I meant to say was where DMs make a decision that differs from the assessor.

calcotti said:

JBS2022 said:

... They are the only circumstances I know of where DMs change a decision.

The DM is not changing the decision, they are making a decision (which may be different to the recommendation made by the assessment provided).

The DMs should override the AP much more frequently. It is clear when looking at claims it is often obvious that the AP report is not consistent with the other evidence.

Well in the case of the OP the decision has gone against them, not for them.

I know. I didn’t suggest otherwise, my comment was intended to highlight that the DM is supposed to consider and then decide, not simply follow the report.

The decision Maker must look at all the evidence, to make an informed decision. As said the assessment report is only part of the information presented to the decision maker.
That said the new reports from the assessor must now contain the Factual medical report form both the people that treat the claimant and their report since the new rules state it in the introduction that all reports including the assessors report must contain a medical factual report. This will show that the assessors have used to Medical facts and have contacted those "specialist" people that treat you including your GP.
Failure under the new rules no payment will be made to the assessor.
Check the paperwork sent by the assessment company and it will state there is a Medical Factual report that will be given, yet when asked for it will not supply it to the claimant, I know as I am writing to Capita to understand why when stated did not use the report or send me a copy either?

calcotti

onebigvoice said:.
That said the new reports from the assessor must now contain the Factual medical report form both the people that treat the claimant and their report since the new rules state it in the introduction that all reports including the assessors report must contain a medical factual report.

Would be grateful if you would provide a reference to the ‘new rules’ you have referred to.

lgerman1

I think you’re right @onebigvoice because on my report I received it gives reference to my medical report and that the assessor has seen it when writing their report which is why I’m stunned that the decision maker has gone against the assessor’s recommendation. I am yet to receive the final decision in letter form so will have to look at it then

JBS2022

I've not heard of assessors having to use medical reports neither, which wouldn't be much use in the majority of cases where DWP and assessors (not sure assessors can check external medical info) don't access or even ask for medical reports from GPs or elsewhere. Maybe I've misunderstood but if this is the case it didn't help the OP who's assessor recommended an award based on a combination of medical information and other info as OP stated above and the DM went against recommendation. My hubby was reviewed for PIP only a few weeks ago and no medical reports were obtained whatsoever, the decision was made based on anecdotal evidence by me and family members and what was written in paperwork, and phone assessment. It was an enhanced award on both.

chiarieds

This was discussed at length here: https://forum.scope.org.uk/discussion/comment/643662#Comment_643662

& relates to this I found: https://www.gov.uk/government/publications/dwp-factual-medical-reports-guidance-for-healthcare-professionals/dwp-medical-factual-reports-a-guide-to-completion

I fear onebigvoice has completely misunderstood.....

lgerman1

I just find it all very frustrating and confusing. Within my assessors report it mentions that they have seen all the medical evidence and have spoke about my recent prescriptions etc so they were fully aware. This is why I don’t understand why the DM went against the report recommendations if the assessor had the same amount of evidence that the DM would have

livelife87

I was worried the DWP looking at mine was going to do the same but he went with the report but at the same didn’t and awarded me 3 years instead of 2. I found that a bit strange.

onebigvoice

lgerman1 said:

I just find it all very frustrating and confusing. Within my assessors report it mentions that they have seen all the medical evidence and have spoke about my recent prescriptions etc so they were fully aware. This is why I don’t understand why the DM went against the report recommendations if the assessor had the same amount of evidence that the DM would have

Because according to everyone the decision Maker who is an expert in Disability Analysis knows better?

lgerman1

Has anyone in this thread done an MR before. Any advice for me? Also how long did it take to get a decision

I feel like we’ve got a bit sidetracked and I need help lol

poppy123456

lgerman1 said:

I feel like we’ve got a bit sidetracked and I need help lol

I couldn't agree more, i have flagged a few comments to a member of the scope team because i feel your thread has gone off topic, which is not fair to you.

Going back to your question, you should put the MR request in writing stating where and why you think you should have scored those points. Include a couple of real world incidents of exactly what happened the last time you attempted each descriptor that applies to you.

Also include detailed information such as where you were, what exactly happened, did anyone see it and what the consequences were. You should aim for at least half an A4 side of paper per descriptor that applies to you.

If there's any obvious errors in the report/decision letter then you can highlight a few of those but then put it to one side and forget about it because that isn't going to get you a PIP award.

calcotti

poppy123456 said:.. i feel your thread has gone off topic, which is not fair to you.

Completely agree. Sorry that I added a long post myself but I thought it necessary to highlight what I think was misinformation.