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HELP, Pip refusal but seems to be for somebody else

Brettlee
Brettlee Member Posts: 16 Listener
My partner who has suffered with anxiety and depression for almost 20yrs and more recently
c,o, p,d has received a response after her pip assessment that's confusing to say the least. It states numerous times about crutches, her grasp on them etc, she's never used nor needed crutches, it states she had a physical examination yet she was just sat in a chair and asked questions but nowhere does it mention her c,o,p,d. According to the assessor she can plan and execute a journey by herself, it doesn't mention that I took her and if I hadn't she wouldn't have gone same as everywhere she has to go which assessor was informed of, it said she didn't show any signs of anxiety but she cried whilst waiting and through out,  it says she doesn't have problems cooking a meal but yet they were told I prepare all meals and if I didn't she'd not eat, it says she doesn't have problems taking her medicine but again if I didn't give them to her she wouldn't take them as was told to assessor. On every aspect she scored 0 points but the way in which the letter is written is as if they've merged my partners assessment with that of somebody else. Does anyone know what we've to do next. Can we appeal. Sorry for the rant & Thank you in advance. 

Comments

  • CockneyRebel
    CockneyRebel Member Posts: 5,217 Disability Gamechanger
    Hello and welcome

    Yours is not an unfamiliar tale unfortunately
    Have you had the decision letter or just the HCP report ?
    The next stage is to request a mandatory reconsideration which in most cases makes no difference then you ccan appeal to the tribunal where the outcome is a lot better

    CR
    Be all you can be, make  every day count. Namaste
  • Brettlee
    Brettlee Member Posts: 16 Listener
    I believe it's decision, scored 0 points regardless of all information given but letter keeps referring to a physical examination but she didn't have one & use of crutches which she's never needed nor informed them she does extremely confusing 
  • CockneyRebel
    CockneyRebel Member Posts: 5,217 Disability Gamechanger
    You should ask for a copy of the assessors report.
    you only have a month from the date of the decision letter to request an MR.
    You should do this by letter initially, stating that you will be sending further evidence. When you receive the assessors report you will know why the decision was made and what you need to address to correct it.
    Only around 12% of MR's are successful so be prepared to go to appeal.
    There is lots of info on here and on the CAB website about MR's and appeals
    have a good look and come back with any questions

    CR
    Be all you can be, make  every day count. Namaste
  • wildlife
    wildlife Member Posts: 1,308 Pioneering
    @Brettlee What has happened to your partner happens to many people, but there is a lot you can do. Firstly if you haven't got your assessor's report ring the DWP and ask for a copy to be sent to your partner as soon as possible. You don't need to write for this as that takes a lot longer. Tell them why you want it urgently. I would also advise you to make a complaint to the assessment company either by letter or by email. This will be useful in changing what has happened as you then need to tell the DWP you've done this. I really don't think it's helpful for people to be told the Mandatory Reconsideration nearly always keeps things the same as it is possible to get the award increased if you do it with determination and in the right way. You will need the Decision letter AND the assessor's report. Using these go through the PIP descriptors and write a letter to the address on your Decision Letter headed Mandatory Reconsideration. Your letter will then need to be your argument as you are telling us here against each activity and why it is wrong. Make reference to Medical Evidence and send in more if you need to. Please note you can also ask for a call back from a Decision Maker when you have the chance to tell them what is wrong and ask what further evidence they need if any. Make a big issue of the crutches senario to show the assessor lied. The DM's know this but will not admit it to you. it's up to you to prove what the truth is about your partner's condition. You can also contact your MP as telling DWP you've also done that will get the message across that you are not happy. Even if you don't get what you want from the first stage Mandatory reconsideration any increase in points will help to end up with the right Decision at Appeal. One last thing, keep a record of all the names of people you speak to and the time and date of the phone call and what was said. Keep a copy of all letters and dates when they were sent. Good luck and keep posting..

  • Brettlee
    Brettlee Member Posts: 16 Listener
    Thanks for your respons it helps knowing that your not alone through out these unnecessary ordeals. I'm not sure what's what when it comes to these things. Only correspondence she's had after appointment is a letter saying they had everything and a decision would be made then (what I assume to be assessors report) a letter saying her claim has been declined with her score for each section followed by notes explaining reasons why. It's the constant reference to crutches and physical examination mostly that makes us believe they've muddled reports up.
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    @Brettlee

    Hate to say it but assessor could just be lying about the crutches.  My assessor said in her report that she watched me take my bag off over my head, put it down on the floor and then pick it up later. Not once during the assessment did I take my bag off!

    Asking for a mandatory reconsideration now is your best route and then tribunal if necessary.
  • Brettlee
    Brettlee Member Posts: 16 Listener
    After phoning today person I spoke to said they were appalled at the number of discrepancies in letter and after pointing out errors she matched them up to my partners assessors letter and confirmed it was an error by their claims person & looks like it was actually somebody else's claim, now my partners claim will be reassessed as if it were a new claim rather than going to a mandatory review. Fingers crossed everything should be OK. Thanks for all your responses 
  • CockneyRebel
    CockneyRebel Member Posts: 5,217 Disability Gamechanger
    That sounds positive. I wonder how often this happens as so many people have similar experiences. Well done on getting them to admit their mistake.

    CR
    Be all you can be, make  every day count. Namaste
  • wildlife
    wildlife Member Posts: 1,308 Pioneering
    This sounds like progress and I hope they get it right next time. Are they offering another assessment or making a decision from evidence alone? 
  • Brettlee
    Brettlee Member Posts: 16 Listener
    Cheers. Now i can't stop thinking that somebody else has received my partners decision & if she's/they've been granted it only to be told that there not actually entitled to it & as you said how many people has it happened to that haven't queried it. 
  • Brettlee
    Brettlee Member Posts: 16 Listener
    wildlife said:
    This sounds like progress and I hope they get it right next time. Are they offering another assessment or making a decision from evidence alone?


    They said they'll be assessing it as if it was a new claim 
  • Justice
    Justice Member Posts: 206 Pioneering
    @Brettlee
    What a fiasco! I was about to write that you should complain after you have studied the assessment report, but then I saw that @Wildlife had beat me to it :-). It looks as though things are being sorted out for you both now, but I would still write( Not phone), about what has happened, complain strongly and make sure you get them to admit what has happened, and ask them what they are going to do to compensate for all the extra stress caused( They won't do anything of course) but at least you should get an admission and an apology.

  • Brettlee
    Brettlee Member Posts: 16 Listener
    @Justice were just waiting for the assessors report then going through it picking out any further lies/twisting of the truths before writing back adding everything that was said over phone recorded delivery it's a shame when you can't even trust those that should be there for help anymore 

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