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PIP i need some advice please

scape03

Hi, this is my first post and would like some advice please. I have received my report and only have 6 points for daily living. Whilst some of the report is reasonable the HP admitted they had no knowledge of my health condition, yet based their opinion on it. There are some factual errors and misconceptions about what I said. Whilst I don't want to focus on the inaccuracies, I feel that it is important that what they recorded as my answers are not correct. I am intending to write a supporting statement and was thinking of setting it out with the HP's quotes for each descriptor I disagree with, followed by what I actually said about the impact of my illness. I don't want to come across as combative, what do people think? I was also thinking of linking the relevant Assessment Guidance Criteria to each descriptor, but again I am thinking it could be inflammatory. Also, I am sure that I read on here somewhere, that it is a good idea to either verbalize this or send the letter into the CM before the 'official' decision is made. I would love to get people's opinion. Thanks

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scape03

Sorry, I forgot to say that this is my first claim for PIP.

scape03

Was just wondering if anyone had any answers to my questions. Thank you!

CockneyRebel

Answered on your other thread

Adrian_Scope

Hi @scape03, welcome to the community and thanks for your question. I've asked @BenefitsTrainingCo to have a look at this for you.

scape03

Sorry, @CockneyRebel, just new to this and didn't realise I had another thread? Know this sounds a bit stupid, but where is it?

CockneyRebel

No problem we all started somewhere

Click on " my discussions " on the right of the screen

CockneyRebel

The DWP and if necessary the tribunal will not be interested in the inaccuracies and / errors of the report.

You should concentrate on showing that you meet the criteria for each applicable descriptor. Give 2-3 examples of what happened last time you attempted that activity.

If you are unhappy with the report or the HCP, a separate complaint should be made to the assessment provider.

In some cases it is possible to ask for a call back from a case manager to discuss your concerns

scape03

Thank you, do you think I should leave out the statements from HP and just write what I said (which basically explains why I can't complete that activity) or just ignore the report completely? Secondly do you think it's wise to refer to the Assessment Criteria Guidance?

CockneyRebel

In my opinion you should keep any appeal whether MR or tribunal as simple as possible. If you have any further evidence then you should included it.

I don't see the need to refer to the Assessment criteria, they should know it as well or better than you.

There is little to gain from refering to the HCP statements as long as you explain as fully as possible the reasons why you fit each descriptor

scape03

Thanks, I haven't had the decision yet so it will be MR if the CM goes with the report. I was hoping to avoid that by speaking to the CM first.

CockneyRebel

scape03 said:

Thanks, I haven't had the decision yet so it will be MR if the CM goes with the report. I was hoping to avoid that by speaking to the CM first.

You have nothing to lose by trying

BenefitsTrainingCo

Hi @scape03 People approach a request for a reconsideration in different ways. There is no harm highlighting the relevant parts of the assessment guide, but do remember this is only guidance. It is useful to set out in writing which descriptors you think you meet and why, and you could also include a statement that the evidence you gave at assessment was not properly recorded and then state what you actually said - only do this in relation to addressing each of the relevant descriptors and I would not waste time highlighting inaccuracies which are incidental to the points scoring. I would also suggest that you provide medical evidence from health professionals who know you (avoid sending in generic information about your diagnosis/condition) and if possible ask your health professionals to directly comment on your difficulties undertaking the PIP descriptors which are relevant to you.

With best wishes

Sarah

scape03

Thank you, that makes sense. In relation to speaking to CM, I have just phoned DWP and the person I spoke to refused to put me through to a CM, saying it was a waste of time, I'd just have to wait for their decision. So seems this method doesn't work!

poppy123456

I rang DWP a few weeks ago to speak to a CM about my daughters PIP, not for the award recommendation but something else. I was put straight through without any problems at all. The woman i spoke to was very nice. They can't refuse you call back from a CM. It may not help at this stage but it's always worth a try.

CockneyRebel

Often you will not be transfered to a CM but you can ask for a call back. A call centre operator should not offer an opinion as to whether it is a waste of time

scape03

Thanks @poppy123456, each time I have phoned up in the past, even for ESA (albeit it being a different department) the people I have spoken to have been lovely and really tried to help me. This woman, for some reason, was very surly - she just sounded bored! I might try again later, I could get someone different. You're right @CockneyRebel, I don't think it was her decision to make as I had actually said I would expect no-one to be available at that time and would be happy if someone could ring me.

poppy123456

I was lucky to be put straight through to the CM when i rang but i wasn't expecting that. You should ring back and don't let them treat you that way.

scape03

Thanks! I am normally quite assertive if I need to be, but all of this is completely new to me - I've worked all life and have no clue about what protocols are! I'll try and ring back now.

scape03

Received My Official Decision

As expected, I received my official decision where the CM has gone with assessment. In a way, I feel as though it's my fault as, having since read this forum, I realise how naive I was in not understanding the amount of detail I had to give. However, in my defence, the HP did not record the information which I did give, that should have earned me some points.

My dilemma now is still how to approach the MR. I have just been reading a thread with a discussion about new evidence at a MR, where it was stated you can't give new evidence. @poppy123456 refuted this and, logically in my opinion, said you can. As I've already stated earlier I don't want to be combative and say the HP did not record what I said accurately, as I've read advice many times saying not to do this as DWP aren't interested in inaccuracies etc by HP.

However, surely if I were to address each descriptor I disagree with (only 3 to be fair - she totally focussed on mobility, which I knew I wasn't eligible for anyway), by saying 'this is the information I gave the HP ......... ', that should be viewed as new or possibly extra ?? evidence.

I would appreciate any thoughts or opinions.

poppy123456

Yes, you can indeed send new evidence to the Tribunal providing it states how your condition affected you at the time of the decision. Any worsening of condition won't be taken into consideration.