PIP, DLA and AA
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PIP

cougar67cougar67 Member Posts: 1 Listener
Hi there, I was in receipt of DLA for over two years awarded indefinite high rate mobility and middle rate care. I recently had my pip assessment and scored only 4 pints in the daily living only. I have a chronic fluctuating health condition. Having read the benefits and work guides on DWP guidelines for HP's carrying out assessments it specifically states that the assessment should not be made based upon just a snap shot of the person on the day. Yet from reading my HP assessment it would appear she has based her assessment on what I was able to do on the day. Surely this contradicts with having difficulties for at least 50% of the time to qualify, and how can spending just one hour with someone when there are 365 days in the year give an accurate indication of someone's difficulties unless of course someone has specifically stated their symptoms are present all of the time. I find this utter nonsense as well as appearing  contradictory. Can anyone give any insight to this. Would be much appreciated. :)

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Assessment companies don't follow the relevant legislation regarding assessment nor the DWP's own guidelines and the DWP don't care.  Assessors do go very much by what they see on the day.  The day of my assessment was an exceptionally good day for me and I was awarded standard rate both elements.  I am awaiting a Tribunal hearing.  However, I understand that Tribunals also are very influenced by how the disabled person 'looks' on the day!  Maybe with any luck the day of my hearing will be a very bad day!
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi cougar67,

    I'm afraid that Matilda's comments are accurate (thanks as ever Matilda) - assessors often don't seem to take much notice of information you provide on fluctuating conditions. But if the evidence was clearly there (based on your questionnaire, and what you said at the assessment), then the health professional's conclusions seem flawed. 

    Unfortunately, many assessments don't seem to be carried out thoroughly and accurately.

    You are quite right about the 50% of the time rule when deciding which descriptors should apply - if a descriptor applies more than 50 per cent of the time, that one should be used.

    If you haven't already done so, my advice would be:

    1) request a mandatory reconsideration (MR) of the PIP decision. Point out where the assessor's report is incorrect and why it is incorrect (give examples from your life, and medical evidence if you have it). Explain what points you think you should have been given and why. You can use this PIP self-test if you don't already have an idea of the points system 

    2) complain about the assessment. Both ATOS and Capita have complaints procedures. 

    Finally, I'd consider letting your MP know what has happened. We need MPs to do something about the poor quality of assessments.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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