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Pip medical

reach1

Hi I had a face to face medical on 3/8/17 the DWP said they received this report on 7/8/17. On 8/8/17 I asked for a copy of the report to be sent to me, they said it should take 19 days to get to me, rang them again on 24/8/17 as not received the report and they told me as no decision on my pip has been made they won't send out the report. Can they with hold the report like that, the assessment was for a change In circumstances as my mobility has gotten worse over last 12 months, currently on standard care rate only

Many thanks

Reach1

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steve51

Hi @reach1

Welcome to our website and online community I hope that we can help you with this ???

I have put an attachment below for Benefits you will find PIP within this.

https://www.scope.org.uk/support/disabled-people/calculate-benefits

Please please come back to me if you need anything else ????

reach1

Hi thanks for the link.

I called pip yesterday and they have kept me on standard care rate only, no mobility. I have a blue badge and disabled rail card should this make a difference as I can only walk about 10-15 seconds each time before I have to stop due to pain (that's when I go out, currently been in house since Friday as pain to bad to go out any where). Do I ask for a MR on the mobility side of the claim or does it have to be for all of the claim?

CockneyRebel

Any MR will look at your whole claim. How safe is your care award?
can you show that you meet the criteria for a higher award or mobility ?
have you any further evidence that can support your claim ?
You can of course say in your MR submission that you accept the care award however , if you think tha you meet the criteria for a higher care award then that won't be considered. From the way you describe your problems with mobility you may well have to take it to the appeal tribunal to get what you deserve . The tribunal will look at all the evidence without the bias of the DWP.

reach1

The only evidence I have is what they have and now a blue badge and refuge collection from my house as I have real difficulty getting the bins down the ramp and struggle with the walking. The standard care is safe but still only have the 8 points I am blind in left eye and need either large print or magnifying glass to see anything written down but get no extra points on that section as they said I either don't use a aid or don't need one yet could not read their card without magnifying glass about 4 down from the top. I can't get in or out of the bath with out help from my daughter but only got points for not being able to wash from waist down. I am also awaiting a diagnosis from doctor on the dizziness I suffer as he said it could be BPPV.

Lorraine42

My pip report is an absolute joke.Hp says "'expected to recover over next 12 months so no help needed'.1 off my diagnosed disorders is Multiple Sclerosis which most people know it's a progressive illness yet I'm told I'll be ok in a year...Capita should not be allowed to do assessments and play god with people's lives.

Matilda

@reach1

Scope have a guide to PIP appeals - look under Advice and information. Also Disabilty Rights and CAB websites have guides to PIP appeals. Get some local face to face advice locally if available - Scope Helpline could advise you about local advice centres, and also give you phone advice.

Mandatory Reconsideration is the first appeal stage where only 20%succeed but 65% of Tribunal appeals succeed.

Sounds like you have very good grounds for appeal.

CockneyRebel

Have you received the decision letter ?
In general, you have 28 days from the date of the letter to request an MR.
They should be able to send the report before the decision is made so chase them up'

CR

reach1

Not yet received the decision letter the lady gave me the info over the phone and said the letter was sent out on 25/8/17 and can take 10-14 days to get to me. I have not received a copy of the medical assessment that I asked for and no doubt when I get the decision letter will have to phone them up to request it again, I have asked for it twice to date. Will ask for a MR once I get the letter.

CockneyRebel

When you get the decision letter don't rush to request your MR. Be mindful of the date of the letter, but the report will help you understand what you need to do. So if possible wait for the report, if it does not arrive in time send in your MR but state that you will be sending further evidence to be included before the reconsideration takes place. They should allow you four weeks to submit your evidence, in practice it doesn't always happen.
I don't want to complicate things further at this stage so please keep us informed of progress

CR

BenefitsTrainingCo

Hi @reach1

Apologies that Benefits Training Co seems to have arrived at this party a little late!

The advice from the Community above is spot on though - provided you're confident with the Care award, then no harm appealing!

Let us know how you're getting on and if we can offer any more support or advice!

Mary

reach1

Received a copy of the Atos report that was done at the medical so many lies in there

Matilda

@reach1

Par for the course! You are not alone. My Atos assessor lied or bent the truth but at Tribunal I was awarded enhanced both components with no end date . So be optimistic.

reach1

Yeah they have Lied and contradicted themselves, they said I attended assess!ment with my son and two daughter but went alone they said I use a walking stick but walk at normal pace. (Takes me an hour to walk down to my doctors surgery but takes a able bodied person 15 mins to walk same distance ) they said I can read without the use of my magnifying glass (blind in left eye and wear glasses to help right eye). They said I need help from another person to bath or shower, but then said I could do this daily using aids. I can't get in or out the bath on my own so not sure how I can use aids to bath thats if I can get in the bloody thing... The list goes on. Phoned pip up today and they told me I have to write to atos and complain and when the dession letter comes ask for a MR and send them a copy of the complaint letter I send to atos and they will look at it again and see if I get more points. I still have 8 points on care so still get pip but the online self assessment I did I should get 14 points care and 12 points mobility.

Matilda

@reach1

Scope have an appeals advice section including MR. Look under Advice any info. Disabilty Rights and CAB websites also have guides to PIP appeals.

CockneyRebel

As you now have a copy of the report you have a small window to ring the DWP and request a call back from a DM to express your concerns ove rhte accuracy of the report before the decision is made

reach1

The decision was made on 25/8/2017 before I received the report

CockneyRebel

You have one calender month to challenge the decision and ask for MR. Statistically the odds of change at MR are small but you must complete this stage to be able to appeal to the tribunal where sucess is considerably better.
if you decide to challenge the decision, stick to the facts. You may feel better for rubbishing the HCP but that will not score you points.
You cannot fight the HCP's opinions so don't try. Stick to concentrating on proving how you meet the descriptors. If you have any further evidence ie a GP support letter, now is the time to submit it

Matilda

When I made my MR and then appeal I pointed out where the Atos paramedic was either plain wrong or had told lies - as well as stating how I met the relevant descriptors.

As expected MR made no change but Tribunal awarded me enhanced both components with no end date - increased from standard both components for five years.

It certainly does no harm to point out assessors' 'inaccuracies' - in fact is a good idea to make DWP and Tribunals aware of them.

A while ago a member reported that they had won a Paper Tribunal by listing all the assessor's lies and why those were lies.

reach1

I am going back down the doctors next week as they gave me different tablets to try due to the pain in my arms, doctor said it would get better with these tablets but it got worse as now I can't straighten my left arm at all and right arm going same way and left knee getting the same pain now, that's on top of every thing eles I got going on.

Starting to feel depressed now as cant get out no where and been stuck in the house since Monday due to the pain of moving (like this most weeks as only go out if I need to as in so much pain ). I am on so much pain meds think I might start to rattle soon

I shall be asking for a MR as soon as I get the decision letter from them and doing the complaint to atos. Not done this before so will go look at the scope appeals advice before I start

BenefitsTrainingCo

reach1,

You've had excellent advice from the community on this thread. The only thing I would add is that when you write your MR request, you'll need to concentrate on how things were at the date of the decision. It sounds as if things might have got worse for you since, but unfortunately the DWP decision maker (and the tribunal if you appeal) can't look at what has got worse. They can only look at how things were at the date of your decision.

Having said that, you've got plenty of facts which contradict the assessor's report (as Matilda and others suggest, point these out), and from what you've said, you should have got the mobility component based on how you were at the date of the decision. Explain what points you think you should have got. It's worth saying what points you think you meet for daily living too (both ones you agree with, and any extra ones).

As advised above, stick to the time limit on submitting your MR request. You can make the complaint to ATOS at any time, but soon is good. I also agree with CockneyRebel that there is little point in rubbishing the assessor in your MR, but you can point out factually what is simply untrue in the report, and your evidence for your actual difficulties.

Good luck!

Will