PIP, DLA and AA
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Pip Report

Jude62Jude62 Member Posts: 23 Connected
edited October 2017 in PIP, DLA and AA
I have received my assessment report back and the physiotherapist has totatly awarded me no points and said stuff that is incorrect eg I had a small brain seizure of which this was not put in his report. it's too long to list. However I have my letter 10 pages ready to send back for when I get my decision.

Replies

  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @Jude62,

    That must have been incredibly frustrating for you to read, I'm so sorry. Glad to hear you're prepared with your letter, and do keep us updated! 
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @Jude62 You don't need to wait for your Decision to start the fight back. I would advise you to complain to the assessment company which I did when i got my report even before my decision. You can do this by letter or email. The main purpose being to be able to tell DWP you've done this as you're not happy with the report. You can also ring DWP and ask for a call back from a Decision maker to discuss your claim. As you have no points you have nothing to lose by doing this. It may not change your decision but would give you the opportunity to ask if they have all the evidence they need and if not what other evidence would help your claim. Concentrate on your claim with DWP and the complaint about your assessor with his employers but keeping DWP informed you're not happy will put pressure on DWP to get things right. Otherwise they will just keep taking the assessor's word over and above your's no matter how much you tell them it's wrong. These are only suggestions and it's up to you to decide what to do.
  • Jude62Jude62 Member Posts: 23 Connected
    I will do this who do I talk to first.

  • Jude62Jude62 Member Posts: 23 Connected
    Spoke to the dwp this morning but because no decision made yet I have to wait.
    They putting me onto the case manager
  • Jude62Jude62 Member Posts: 23 Connected
    So hear it is I spoke to the case manager who' s is holding the decision and wants me to send my report in about his report this is further evidence to help my case.
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @Jude62 well done, the DWP know full well what a mess the assessor's are making of reports but they can't comment, all they can do is try and put it right, but claimants have to act to make this happen otherwise the assessor's will be believed and claims turned down. It's all wrong and shouldn't be happening. Do hope things go better for you from now on..
  • Jude62Jude62 Member Posts: 23 Connected
    yes I see what they are doing but as the saying a PROFESSIONAL HEALTH PERSON well that does not make them the specialist that deals with your complaints he knew nothing about CHARI MALFORMATION OF THE BRAIN
    I asked him what his profession was he said I am a physiotherapist so I replied you are not a specialist then. So hopefully I will my case.
  • wildlifewildlife Member Posts: 1,314 Pioneering
    @Jude62 I hadn't realized when I first saw your post about what you've achieved that they were holding your 1st Decision till they get your letter that should have been for your MR. This puts you in the driving seat and if you still do not get the award you're entitled to you still have 2 more stages to continue to appeal instead of only one. I have been trying so hard to get this message across to others having problems with the system. The order of what happens is not set in stone, you can continue to contact DWP right up to your Appeal date to get your points increased. I had 2 Mandatory Reconsiderations resulting in reports PA4 for my assessment, PA5 for my 1st MR and most importantly PA6 after that when i continued to ask for my claim to be looked at again. So the fact there is even an official form for a 2nd review after the MR shows this is possible they just don't bother to tell you. The above named forms are sent from the assessment company to DWP each time your claim is reviewed by another Health Care Professional usually when you send in more evidence so keep on fighting, be determined and you will get there in the end.    
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi @Jude62

    @Wildlife is quite right in their point that the DWP don't need to hold back your decision in order to look at further evidence. They could be doing this on MR or indeed at any point in the process (including the waiting room of the Tribunal before you go in!).

    Send whatever evidence you have as soon as you can, and ask that they now issue a decision without delay. At present the delay appears reasonable, as they are aware of other relevant evidence, which may result in an award, but don't let it go on too long.

    Once you've posted the evidence, it normally takes around 7-10 days for them to even log it, and then another 7-14 days to look at it, so it will be a least a fortnight, probably more, before they reach a decision, but if it's more than 28 days, I would issue a complaint for unreasonable delay.

    Hope this helps.

    Kind regards,

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Also, and I don't normally like to jump the gun, but just in case(!) the CAB have some quite useful information on challenging PIP decisions if required:-

    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • wildlifewildlife Member Posts: 1,314 Pioneering
    edited October 2017
    @BenefitsTrainingCo Sorry to disagree but I did not say DWP didn't need to hold back the decision to look at further evidence in this case. From my own experience of PIP, bearing in mind I was successful without having to go to Appeal, I consider it a good thing that a Decision Maker decided to hold back the FIRST decision and allow a 10 page letter to be sent and therefore included in the evidence for the decision and not just use the assessor's report which was clearly flawed. The letter in question was prepared by Jude62 for the MR so to have got an agreement for DWP to use it earlier on leaves more opportunity for continued reviews if the decision still isn't acceptable. Surely it's better to wait a bit longer and NOT rush things at this stage and end up with an award the OP is willing to accept rather than insisting they hurry and it still isn't an acceptable offer. This excellent opportunity to get things right would therefore be wasted. 
       @Jude62 I do agree with @Maria about the timescale for your letter to be received and used but bear in mind that at any time you think it's taking too long or the anxiety of the wait becomes too much you can ring as you did before and speak to a DM to find out what's happening and discuss your claim. 
  • Jude62Jude62 Member Posts: 23 Connected
    Morning all well papers sent with more evidence about my health, at this moment in time since Saturday I have been in severe pain with my back I went to the hospital the specialist touched my back and said my muscles were tight and he said the pain is caused by my Spondylitis hence I have multiple level degenerative disc disease. He also noticed that my head tilted to one side and knew I have Chiari malformation of the Brain. 
    Which the assessment guy never heard of it.
    So let's hope I don't have to sit through an appeal.

    You guys are very helpful xx
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Jude62,

    Not much more I can add at this stage so good luck and keep us informed!

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Jude62Jude62 Member Posts: 23 Connected
    Afternoon guys just rang up about my decision and now they want more evidence from another assessor now I'm  stressed and wound up. 10 pages of evidence and medical letters and they send the information to another assessor 
  • wildlifewildlife Member Posts: 1,314 Pioneering
    edited October 2017
    @Jude62 Please don't worry. This is a good sign not anything to get upset about. What they have done is standard practice whenever more medical evidence is sent to DWP they have to send it  back for a different assessor to look at to see if any changes can be made. The "Evidence" you refer to from a different assessor is just their opinion as a "Health Professional" as DWP don't have any medical knowledge. All you need to do is sit tight and wait for the outcome. 
  • kevin888kevin888 Member Posts: 53 Courageous
    Hi I had brain AVM bleed and the so called HP was an occupational therapist?
    What do they know about brain and epilepsy?
    Keep on at them all the way to Tribunal with as much medical evidence you can get. I am waiting for Tribunal now 18 weeks. Don't give up!
  • Jude62Jude62 Member Posts: 23 Connected
    Yes I have a brain disorder and my assessor did not know what it even mean't all his infoatiob was incorrect really stressed about the way they treat us.
  • Jude62Jude62 Member Posts: 23 Connected
    I have just read my appeal letter from 2009 when I was awarded the higher rate for DLA since then my health has got worse and I now have other health issues so how the hell can they go off a report from a physiotherapist who know nothing about my health and all he knows is how to bend arms and legs like a barbie Doll!,
    I sent as much evidence as I could but I am wondering if I should send the other letter in of 2009 so they can see the change in my health. I am full of cold and depressed because of the worry.
  • kevin888kevin888 Member Posts: 53 Courageous
    Sens everything you can, even old info, mine dates back to 2000. Nothing to loose.
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    I'm so sorry to hear that you're feeling so worried at the moment, @Jude62. Please know that you can always come and talk to the Online Community and we'll do our best to support you whatever way we can, and hopefully achieve the best possible outcome for you.
  • Jude62Jude62 Member Posts: 23 Connected
    Thank you guys we're all in the same boat hopefully not the titanic!!
  • Jude62Jude62 Member Posts: 23 Connected
    Hi guys i'm up at this early hour as I have had my gallbladder removed and now a nasty chesty cough.

    Anyway no word on my decision yet I have rang them twice and one said oh yes they have it a long time i'll chase it up that was last Tuesday.
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hope everything went well @Jude62, and wishing you a speedy recovery! 
  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger

    Can only echo what others have said here.

    1) Whilst it's nice to have a decision quickly, DWP holding back a decision to see your response is absolutely a good thing.

    2) A second assessment could be read either way. It could indicate that the first report has been reviewed and found wanting. It could simply be that your response casts doubt on elements of the original report but doesn't entirely resolve them.

    3) A complaint to a provider is to be encouraged provided there is something to complain about. Just disagreeing won't be enough. Being emotive and accusing them of lying etc. also won't help (even if true). Use the provider guidance at https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers for this to find breaches of their own guidance on how assessments should be conducted. Look for specific examples of where you said one thing and they recorded another or there's an obvious inconsistency between answers they allege you give.

    In the more extreme cases they will make different recommendations to DWP. It's wrong to say it will have no effect on your points. It absolutely can.

    4) Whilst I understand the frustration with healthcare professionals there is no way any provider, private or otherwise, could employ enough people to specialise in every possible condition they come across. Think of it in terms that not even a hospital can do that. The fact that you're not seeing a specialist in your condition should not come as a surprise at this or any other stage of the process including appeal hearings.

    One of the big problems I come across is that people for some reason assume that no matter who they're seeing they will know the basics of their condition when that is very unlikely to be the case. That means it's really up to you to think about the quickest way to put across the basics of your condition.

    Very much also a case of being careful what you wish for. I have had several clients who have seen healthcare professionals who actually did have knowledge of their conditions and recommended low points scores when it became apparent that the claimants had exaggerated certain elements; been given medical advice which they had declined to follow or misquoted or misunderstood what the medics had told them etc.

    Even if you were to get a specialist in the broadest sense you have to remember that professional rivalries and disputes exist. For example, an eye specialist may well be sympathetic to certain retinal dystrophies but dismissive of things like glaucoma.

  • Jude62Jude62 Member Posts: 23 Connected
    Post been nothing did'nt get it I am going tp appeal I am in tears I. Wiill not let this person who knows nothing bout me win.
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Oh I'm so sorry to hear this, @Jude62. It might seem overwhelming now but there are loads of Online Community members (who unfortunately have been in similar positions) and advisors to help you out with the appeals process.

    When you're feeling up to it, this information on appealing a DWP decision is a good place to start. Let us know how it goes and we'll do what we can to support you.
  • Jude62Jude62 Member Posts: 23 Connected
  • Jude62Jude62 Member Posts: 23 Connected
    Ok since 1998 diagnosed with curvature of the spine with polyarthritis of the joints then got worse in constant pain with my back I had an mri scan and was told I have multilevel degenerative disc disease and spondylitis of the spine to add to that depression then rheumatoid arthritis and osteoarthritis 2012 had a brain scan which showed Chearing malformation of the Brain which is a painful condition and it effects my spine I take seizures now and again this is getting worse and my gp told my husband there is no cure so there you have it.
  • Jude62Jude62 Member Posts: 23 Connected
    I was awarded DLA around the 90s can' the remember date I had the papers to prove it then whenter I rang up they said no you haven't won!!!! 9 year ago I won my appeal so am I better of course not worse.
  • Jude62Jude62 Member Posts: 23 Connected
    Hi all I have medical letters  from my gp and rheumatologist who tells me my osteoarthritis is progressive my knees etc hip back are progressive my spine is worse my big toe has hardly any movement which causes me lot of pain I have been told that I have degenerative disc disease. THE pip told me to send this evidence and ask for a mandatory decision if it still no then I will  appeal.  To be told this news and now there is medical evidence.
  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger

    At present it reads as you being focused on proving you have various medical conditions and impairments. I doubt that is in dispute. You need to refocus on the consequences of your condition and how that relates to the specific activities you can score points on.

    So, the fact you have a condition which is painful takes you only halfway there. You need to explain the impact of that pain. What it prevents you from doing. Which PIP activities? You also need to focus on how it prevents you i.e. whether you can't do something safely, repeatedly, to a reasonable standard or in a reasonable time. Do that for every activity you think you score points on and give them recent examples.

    Medical evidence saying you have x conditions and they are degenerative is relevant to the length of the award but possibly not to whether you get it in the first place. The approach in the preceding paragraph is the one you need to take.

  • Jude62Jude62 Member Posts: 23 Connected
    Hello but don't you think I have already done this! and the medical letters state what I can do and not do, I think you are mis reading what I have said not being nasty but I am sick to the back teeth when a pip person says my hands are normal when they have been xrayed and i have bone wastge and progressive osteoarthritis, depression, degenerative disc disease, brain disorder, hip problems need i go on!!!!!!!!!
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    I got fed up having to go over the same material time and again 
    and felt like screaming.  But it was worth it in the end as PIP tribunal awarded me enhanced both elements.
  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger
    Feel free to disagree @Jude62 but literally everything you have posted has been about the conditions. Your last post is a list of issues. PIP need the consequences of those issues not more medical stuff about the issues.
  • kevin888kevin888 Member Posts: 53 Courageous
    The decision is based more on the effects of the activities on your day to day living rather than your actual disability. Look at the DWP guide to assessors and reflect that on your facts. 
  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger
    So, saying you have a hip problem is okay. Getting medical evidence to prove that is only useful if it’s in dispute, but, it’s only describing the impact of your hip problem on mobility, cooking, bathing, dressing etc. will score you points.

    Talking about progressive osteoarthritis is okay. Getting medical evidence to prove it is only useful if it’s in dispute, but, lots of people have it and have n3hkoginke care and mobility issues, so, you need to explain how it impacts mobility, cooking, bathing, dressing etc. 
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