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Appeal Tribunal

ruby2017
ruby2017 Member Posts: 15 Connected
I am in the process of a PIP Appeal. I was awarded ZERO points on all descriptors. Thankfully i have just received my confidential data file from the DWP. I requested an SAR couple of weeks ago. Turns out the DWP have only gone and recorded the wrong Disability code on my file. The information which records the decision descriptors has my NI number correct so they do match up. Even has recorded 'Superseded' on one of the sheets. Dont know what that means.
I have spent 12 months on this claim going backwards and forwards between ATOS and the DWP because i have thrown the spanner in the works by sticking to my request for a paper-based assessment as shown within the PIP Guidance. WinVisible have a whole article explaining how you dont always need to be forced into a Face-to-Face assessment with a Paramedic......
 During my very long (thankyou Google!) investigation on how DWP decisions are made, i discovered that a computer system (PIPCS) is fed all of your information , then throws out the final decision. It is not decided by a human after all. The decision letters allow us to believe this but that is false. So with this in mind i am now left to believe that keying in the wrong disability code will give a false representation of the claimant ?
I now have to try to contact the Tribunal Service as my Appeal application date runs out in 3 days time. I will keep you posted of the outcome. Nothing easy with the DWP or is that the idea......

Comments

  • poppy123456
    poppy123456 Member Posts: 23,907 Disability Gamechanger
    HI,

    Can you please explain what you mean by a "disability code" as i've never heard of this before.
  • ruby2017
    ruby2017 Member Posts: 15 Connected
    I think this is what the DWP uses to describe health conditions for benefit purposes.It was on the 'Active Assessment' sheet
  • twonker
    twonker Posts: 617 Member
    This is something I picked up on a while ago. I have a life threatening and life limiting illness. The descriptor code they used to identify that illness was shown as being 'constipation'!! 
  • ruby2017
    ruby2017 Member Posts: 15 Connected
    i just rang the Case Maker who sent the decision letter out. She is blaming the Independent Assessment Services (ATOS) . Didnt want to accept that a wrong disability code could impact on the claim. I dont agree considering the claimant has to dot the 'I' and cross the 'T' constantly. Given the late stage in the Appeal process i will just need to add an explanatory note to the Tribunal and let them have a copy. If this was the other way round i would be being prosecuted for false representation in a benefit claim....
  • poppy123456
    poppy123456 Member Posts: 23,907 Disability Gamechanger
    I still have no idea what that code is. PIP isn't awarded based on a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors.

    Most people have face to face assessments, especially when there isn't enough of evidence to do a paper based assessment. It seems like refusing to attend the assessment has gone against you.

    Are you appearing in person at your Tribunal? Those that appear in person have a much better chance of a decision in their favour with more than 70% chance of winning. The percentage drops to between 5-8% for those who have paper based decisions.

    As for the time scale for requesting the Tribunal, yes you have 1 month but with good reason that increases to 13 months.
  • twonker
    twonker Posts: 617 Member
    ilovecats said:
    PIPCS is a DWP computer system that any evidence you send in is uploaded to. The assessors access to read your PIP form and any letters you have sent in. The report that is sent by the assessor is also uploaded to this system for the case manager to read.

    It is not a computer programme that generates decisions. Humans do that.

    I believe the ‘code’ you are referring it is when your assessor has to list your conditions at the end of the report from a list supplied by the DWP. Sometimes certain things are not listed so they have to pick the closest one or pick something like Pain-Other or heart failure-other, Which is not as accurate but should not have a bearing on the decision or overall report because the case manager can actually read the name of your condition on the PA4 report. I cannot think of what else this ‘code’ would be but I’m happy to corrected. 

    Yes it is the classification code used by the assessor. In my own particular case going through the throws of bowel cancer and also having the issue of Chronic Pancreatitis for the life of me I cannot see how either can be classified as 'constipation'. I'm not saying that it would make the report different, but I would imagine that it would raise a question or two by the DWP when reading all about the impact/descriptors which could never be said to relate to a 'log jam'!. 
  • ruby2017
    ruby2017 Member Posts: 15 Connected
    I still have no idea what that code is. PIP isn't awarded based on a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors.

    Most people have face to face assessments, especially when there isn't enough of evidence to do a paper based assessment. It seems like refusing to attend the assessment has gone against you.

    Are you appearing in person at your Tribunal? Those that appear in person have a much better chance of a decision in their favour with more than 70% chance of winning. The percentage drops to between 5-8% for those who have paper based decisions.

    As for the time scale for requesting the Tribunal, yes you have 1 month but with good reason that increases to 13 months.
    Hi, i dont agree with refusing a F2F has gone against me. I have a rare neurological condition and associated mental health problems and from the shocking reports i have heard from people being assessed by ATOS and Capita employees, i could not have answered questions by a Paramedic/Occupational Therapist /Physiotherapist/ Grade1 Nurse, who have no knowledge of rare health conditions.They are given 2 weeks training and speed cram in rare conditions. They take the job for the large financial incentives, nothing else. The PIP Assessment Guidance state what mental health condition are not be expected to attend a F2F. From all the data that is out there, 80% of PIP claims were suggested to be refused until this was discovered and now the Government has had to relent and deny this happened. Watch YouTube PIP claimants experiences. This PIP system is badly flawed. A year to wait for an Appeal Tribunal tells you how many people have been refused.

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