DM changing HCP report, is that legal?

sleepy1

Just received my PIP decision letter and guess what I am now cured and no longer entitled to any help.

The DM states "I have looked at the health professional consultation report and changed the descriptors previously chosen"  What the hell does that mean?

CockneyRebel

Have they given their reasons for doing so ?

CR

sleepy1

Hi @CockneyRebel, the letter says based on the medical evidence received.  I did not send any new medical evidence but wrote on the review form please look at all evidence previously sent with my original claim or contact the people I have told you about.  
I rang to ask to speak to the person named on the letter and was told that would not be possible, I asked what information had been used by the DM and basically it was only the review form I filled in and the HCP report.

Was told I could do an MR over the phone then and there and was asked what I disagreed with so just said everything.  Not received the HPC report yet but I am guessing when I do it wont be the original one as the DM has already said they have changed it.  So much for an independent assessment eh.

Anyway hope your wife is recovering well and hugs to you both X Rosie

poppy123456

Yes, they have been known to go against the report but it's rare and perfectly legal. You say you didn't send any new evidence, why? More evidence would have helped. They very rarely contact any medical professional.

Your next step is the MR and i'd advise you to put that request in writing stating what you disagree with and where you think you should have scored those points and why. Good luck.

CockneyRebel

As poppy says the next stage is MR

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

sleepy1

Hi Poppy thanks for your reply, I didn't send any new medical evidence because apart from appointment letters and general information about my illness I don't have any and it said on the review form not to send them.  It is a long term illness that is unlikely to improve and my GP has told me there is nothing more they can do apart from try and manage the pain.

The DWP already have a vast amount of information sent previously so I could not see the point in sending the whole lot again.  I understand that they can go against the report but what the DM is saying is that they have changed the report which I don't think they should be allowed to do.

CockneyRebel

I don't think that they have changed thee actual report. What they have done is used different descriptors in making their decision

Have you got/ asked for a copy of the assessment report ?


CR