PIP Assessment

ash5896

Jurph said:

I'm afraid you have to wait for the decision letter before you can put in a mandatory reconsideration. The decision maker doesn't always go with the assessor's points.

But perhaps start looking at how to write a MR. And list what you disagree with.

Thanks Jurph.
any idea where I can get more info on this to start looking at how to do this?

ash5896

PippaScope said:

So sorry to hear this, @ash5896. As Jurph says, wait for the decision, but you may like to check out our guidance on MRs and appeals in the meantime.

https://youtu.be/4sOsiEFo-Ck

Thanks Pippa

Jurph

ash5896 said:

Jurph said:

I'm afraid you have to wait for the decision letter before you can put in a mandatory reconsideration. The decision maker doesn't always go with the assessor's points.

But perhaps start looking at how to write a MR. And list what you disagree with.

Thanks Jurph.
any idea where I can get more info on this to start looking at how to do this?

I got a lot of information just by googling "pip mandatory reconsideration"

A few websites spring to mind - Scope, Advice Now, Disability rights. There's a lot there. It's very common

ash5896

Jurph said:

ash5896 said:

Jurph said:

I'm afraid you have to wait for the decision letter before you can put in a mandatory reconsideration. The decision maker doesn't always go with the assessor's points.

But perhaps start looking at how to write a MR. And list what you disagree with.

Thanks Jurph.
any idea where I can get more info on this to start looking at how to do this?

I got a lot of information just by googling "pip mandatory reconsideration"

A few websites spring to mind - Scope, Advice Now, Disability rights. There's a lot there. It's very common

I need to wait and see what the decision is I’m assuming it’ll go by the assessors report and she has appeared to have ignored the letters from consultants and GP

Jurph

ash5896 said:

Jurph said:

ash5896 said:

Jurph said:

I'm afraid you have to wait for the decision letter before you can put in a mandatory reconsideration. The decision maker doesn't always go with the assessor's points.

But perhaps start looking at how to write a MR. And list what you disagree with.

Thanks Jurph.
any idea where I can get more info on this to start looking at how to do this?

I got a lot of information just by googling "pip mandatory reconsideration"

A few websites spring to mind - Scope, Advice Now, Disability rights. There's a lot there. It's very common

I need to wait and see what the decision is I’m assuming it’ll go by the assessors report and she has appeared to have ignored the letters from consultants and GP

Yes, you have to wait for the decision. But there's no harm in looking at how to appeal. Just so you know what to do if you don't get the decision you want.

ash5896

Jurph said:

ash5896 said:

Jurph said:

ash5896 said:

Jurph said:

I'm afraid you have to wait for the decision letter before you can put in a mandatory reconsideration. The decision maker doesn't always go with the assessor's points.

But perhaps start looking at how to write a MR. And list what you disagree with.

Thanks Jurph.
any idea where I can get more info on this to start looking at how to do this?

I got a lot of information just by googling "pip mandatory reconsideration"

A few websites spring to mind - Scope, Advice Now, Disability rights. There's a lot there. It's very common

I need to wait and see what the decision is I’m assuming it’ll go by the assessors report and she has appeared to have ignored the letters from consultants and GP

Yes, you have to wait for the decision. But there's no harm in looking at how to appeal. Just so you know what to do if you don't get the decision you want.

Oh sorry yes I’m doing that as we speak.
just came across this not sure if it would apply 
https://www.benefitadvice.org/news--views/dla-to-pip-transfer-and-awarded-less-than-your-old-dla-award-you-can-now-challenge-the-decision-using-this-recent-case-law

ash5896

If the decision maker goes by the assessors report will I have to hand in my Blue badge straightaway? Also the same would apply to road tax I’m assuming. I honestly don’t know what to do at moment. One part of me is saying leave it and don’t bother with the headache and another part that don’t give up but how do you fight them if they can ignore so much evidence is it even worth it? 

CockneyRebel

What did the assessor give you the 8 points mobility for ?
If it is for the moving around element then you still get to keep your blue badge

If you can you should get help from CAB or any charity that supports your condition

If you haven't done so you should ask for a copy of the assessment report asap. You will need this to identify the areas that you need to challenge

For now you need to concetrate on showing that you meet the descriptors for an award

Most HCP' and DM's don't take into account the reliability factors and make their decisions on a snap shot of your life, how you were at the time.

To complete any of the descriptors you need to do so Safely, Repeatedly, In a timely manner and to an acceptable standard.

For example : If you can walk 20 - 50 metres but you can't repeat it straight away and you need to rest for some time before you can do so again then you cannot be said to complete that descriptor. Or if it takes you twice as long as an able bodied person you cannot complete the descriptor
Dressing and undressing : If your medication takes some hours to work in the morning and you cannot dress without assisstance because of this then this needs to be taken into account

Go through each descriptor one at a time and see how these factors may apply
You should look at each activity and break it down into sections and apply the reliability factors to each section

For example Preparing food

Can you do so ?  ( safely, realiably, to an acceptable standard and in a timely manner )
If not, why not ?
What is it about your condition that stops you doing so ?
Can you do so if you have help or and aid ?
What happens if you don't have help or an aid 

Do this for each descriptor for your MR

There is a template that you can used for the MR

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683380/if-you-disagree-with-a-decision-made-by-dwp.PDF

and some additional information

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683381/how-to-disagree-with-a-decision-made-by-dwp.PDF

You have a month from the date on your decision letter to request an MR. You can do this by letter or phone. Be very aware of this date, do not miss the deadline

If you haven't asked for the report until now, it is unlikely to arrive before this date so make it clear that you will be sending further evidence and that they should wait before carrying out the MR until it is received.

If you can get further relevant evidence you  should submit this but it is not essential. Often, it is not your evidence that is the problem but the way it is read ( or not )

MR's can often take 8 weeks or more but may also be done very quickly and before your new evidence is receiived. If this happens you can ask for the decision to be looked at again taking into account your new evidence.

MR's have a low rate of success at present but this stage has to be completed in order to advance to the appeal tribunal.

There is lots of good info on this site about appeals so please have a look around

CR

ash5896

CockneyRebel said:

What did the assessor give you the 8 points mobility for ?
If it is for the moving around element then you still get to keep your blue badge

If you can you should get help from CAB or any charity that supports your condition

If you haven't done so you should ask for a copy of the assessment report asap. You will need this to identify the areas that you need to challenge

For now you need to concetrate on showing that you meet the descriptors for an award

Most HCP' and DM's don't take into account the reliability factors and make their decisions on a snap shot of your life, how you were at the time.

To complete any of the descriptors you need to do so Safely, Repeatedly, In a timely manner and to an acceptable standard.

For example : If you can walk 20 - 50 metres but you can't repeat it straight away and you need to rest for some time before you can do so again then you cannot be said to complete that descriptor. Or if it takes you twice as long as an able bodied person you cannot complete the descriptor
Dressing and undressing : If your medication takes some hours to work in the morning and you cannot dress without assisstance because of this then this needs to be taken into account

Go through each descriptor one at a time and see how these factors may apply
You should look at each activity and break it down into sections and apply the reliability factors to each section

For example Preparing food

Can you do so ?  ( safely, realiably, to an acceptable standard and in a timely manner )
If not, why not ?
What is it about your condition that stops you doing so ?
Can you do so if you have help or and aid ?
What happens if you don't have help or an aid 

Do this for each descriptor for your MR

There is a template that you can used for the MR

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683380/if-you-disagree-with-a-decision-made-by-dwp.PDF

and some additional information

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683381/how-to-disagree-with-a-decision-made-by-dwp.PDF

You have a month from the date on your decision letter to request an MR. You can do this by letter or phone. Be very aware of this date, do not miss the deadline

If you haven't asked for the report until now, it is unlikely to arrive before this date so make it clear that you will be sending further evidence and that they should wait before carrying out the MR until it is received.

If you can get further relevant evidence you  should submit this but it is not essential. Often, it is not your evidence that is the problem but the way it is read ( or not )

MR's can often take 8 weeks or more but may also be done very quickly and before your new evidence is receiived. If this happens you can ask for the decision to be looked at again taking into account your new evidence.

MR's have a low rate of success at present but this stage has to be completed in order to advance to the appeal tribunal.

There is lots of good info on this site about appeals so please have a look around

CR

Thanks CR 
ive not receive dthe decision just the assessors report.
shes lies on every single descriptor and what was said and not said. She’s mentioned there is no curvature on my spine yet I wasn’t examined and I have all that evidenced with the consultants letters.
In her report the descriptors add up to 8 for both living and mobility. She said I was able to walk 13 metres with crutches and leg brace. On the descriptor she’s put able to walk more than 20 but less than 50.
apparentky I have good grip as I can use my crutches but I’m ok to cook and I told her I use an aid so not sure how I would cook. she also stated that my mental health is fine I was ok and not trembling yet she’s not mentioned how I was sweating and shaking all the way through and not has she mentioned the fall.
when inspoke to DWP today asking when the decision will be made and I was told it’s being dealt with and more than likely they decision maker will go by the assessors report. It cost me £80  for the medical letters.
even if I get another letter from my GP or consultant it’ll just say the same again which was totally different to what the assessors report is.
is it relaly worth putting myself through all the stress again.
thank you for the links too 

ash

Tigermoth42

@ash5896, hi, and so sorry to read about your problems, just to say I had the same problem with the assessment. She did not check hips, knees or ankles, she said I crouched halfway down & I bent forward and touched mid shin - I didn’t perform either of these activities. I touched mid shin from a sitting position, with long arms & a short body, this isn’t exactly hard, I didn’t have to bend forward at all.  She couldn’t have correctly checked for hip and knee rotation unless I was on the examination couch, I couldn’t even get on the thing. Either her report is wholly inaccurate or the DWP assessor has carelessly/deliberately  misinterpreted it. She saw no sign of swelling, she didn’t even look. I posted a picture yesterday of the state of my lower legs and ankles. It’s just such a nightmare, the system isn’t working properly in my humble opinion. Warmest best wishes, Gail 

Tigermoth42

@CockneyRebel - great, informational post. I sent off my MR yesterday giving in-depth details as you’ve suggested above, it’s comforting to me to know I’ve made a good fist of it. Fingers crossed - if I could get them crossed that is! 

ash5896

Tigermoth42 said:

@ash5896, hi, and so sorry to read about your problems, just to say I had the same problem with the assessment. She did not check hips, knees or ankles, she said I crouched halfway down & I bent forward and touched mid shin - I didn’t perform either of these activities. I touched mid shin from a sitting position, with long arms & a short body, this isn’t exactly hard, I didn’t have to bend forward at all.  She couldn’t have correctly checked for hip and knee rotation unless I was on the examination couch, I couldn’t even get on the thing. Either her report is wholly inaccurate or the DWP assessor has carelessly/deliberately  misinterpreted it. She saw no sign of swelling, she didn’t even look. I posted a picture yesterday of the state of my lower legs and ankles. It’s just such a nightmare, the system isn’t working properly in my humble opinion. Warmest best wishes, Gail 

Thanks Gail

eeadimg your post about the knee rotations etc she apparently did all that and was able to bend down etc. Not sure how I can prove how she’s lying as I’m sure they’ll take her word anyway. I don’t know how these people sleep. My wife is a nurse a very senior one too and she was present at the assessment and she can’t belibe all the lies too. She’s just come back from work and said she can’t belive how a nurse would lie so much and blatant with it too. I’m assuming there’s 1000’s in the same position what a joke this is 

ash5896

lillybelle said:

I was extremely mad when I read my report. Everything I told the nurse was in her report then disregarded and the DM went on her decision.
However during the time between report and decision I calmed down and started to think straight.
how can I explain my daily care without calling her a liar etc. ( which she wasn’t)
i then got some free advice from a local disability centre, and they said keep writing what you have wrong with you on each part of Pip care you disagree with. And keep stressing the word safely time and time again.
  I found it much easier once the anger had gone to fill an MR form in. So if you can try to calm down and clear your head before proceeding 
good luck to everybody on a MR decision or tribuneral.
Dont give up. I’m sure one day the system will fail and things will change

Thanks Lillybelle

hope you got the decision you were looking for. I’ve contacted a load of disability advice places locally and they don’t have any appointments at all. 
Mots really worrying that despite the medical evidence it’s all been diregarded by the nurse. 
I am also thinking of putting complaint in to the NMC about the Nurse lying on her report. At the end of the day they shouldn’t be allowed to make reports that are blatant lies. According to her my spine was normal yet the consultant and GP have written in their reports about my spine and other issues and I’m not sure how a nurse can even make a decision or examination when she’s not qualified in the field.
its a joke and the law really needs to be changed that the disabled, sick and vulnerable are not treated like this

ash5896

I came across this and thought it had interesting and helpful information

https://pipinfo.net/

ash5896

Username_removed said:

I’ve referred people to pipinfo ahd wcainfo on multiple occasions. It’s a simple and accurate summary of the law, guidance and caselaw. 

Cheers. Mike will take a look at that too

Tigermoth42

Interesting article on the Disabled Go website https://www.disabledgo.com/blog/2018/01/watchdog-orders-dwp-to-publish-secret-reports-on-atos-and-capita-pip-failings/#.Ws7_KiLTWEc

Tigermoth42

Good morning Ash, I’ve just had a look at the link that you and @Username_removed recommend. Based on that, I fail to see how my award has been arrived at. Most activities I can’t do reliably or safely and they’ve ignored this completely. I’ll shall undoubtedly refer further to this document should my MR go to appeal (which I suspect will happen). Thanks so much for posting the details, I’d not come across that one - yet! 

Tigermoth42

Morning @lillybelle, I’ll do a bit of digging for you x

Tigermoth42

This is written about epilepsy on the pip info page lillybelle, hope it helps a bit..... ‘Note: Although disablement must be caused by a physical or mental health condition, it is the needs and difficulties that result which will determine entitlement rather than the condition itself.’

ash5896

Tigermoth42 said:

Good morning Ash, I’ve just had a look at the link that you and @Username_removed recommend. Based on that, I fail to see how my award has been arrived at. Most activities I can’t do reliably or safely and they’ve ignored this completely. I’ll shall undoubtedly refer further to this document should my MR go to appeal (which I suspect will happen). Thanks so much for posting the details, I’d not come across that one - yet! 

If they don’t change their decision then you would have to go to appeal I think.