Advice on an MR

Shogun01

Looking for advise iam doing an mr  after being cut off pip after 10 years my illnesses are worse I have 4 crohnic illnesses whereas the 2 I had ten years ago 17 operations later the assessor totally lied about me passing exam @ about my crohns medication even tho its on my repeat my daughter recorder it on her mobile so we have proof thank goodness ! She awarded 6 points care 4 mobility very conyving made sure she manipulated the system so I got cut off I have now lost sdp also as live alone iam500 down a month worried sick should I get cab to help ,@ my daughter with my letter or form though I don't think the form has enough space for all theistskes she made any advise is welcome !/

poppy123456

Hi,

You say you lost PIP after 10 years, PIP hasn't been out for 10 years. Did you transfer from DLA and then weren't awarded PIP?

I'm unsure if you'll be able to use the recording on your phone as evidence because you shouldn't have secretly recorded it. If they had caught you doing this then the assessment would have been stopped. When recording assessments you need to ring them first to tell them you're recording it and the use the appropriate recording equipment.

You have 1 month from the date of the decision to request the MR, which should be put in writing. You need to state where you think you should have scored those points and your reasons why. Adding 2-3 examples of what happened the last time you attempted that activity for each descriptor that applies to you.

Avoid mentioning any lies that may have been told because DWP and Tribunal won't be interested in any of those. Any complaints about the report should be sent to the health assessment providers.

PIP is about how your conditions affect your ability to carry out daily activity based on the PIP descriptors, it's not about a diagnosis.

Only 18% of MR decisions change so expect to have to take it to Tribunal because most do. Waiting times for Tribunal are huge because of backlogs in most areas. Some are waiting in excess of 1 year for a hearing date.

This link is worth reading, it will give you a better understanding of the PIP descriptors and what they mean.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

Shogun01

Thank you yes I transferred from DLA 10years ago then onto pip about 2 years ago I have an appointment with a welfare officer on Monday as need help it was my daughter who recorded it I did not know until after she told me  but that has proof she has lied doing the assessment  how can I proof it otherwise ? 

poppy123456

You don't need proof of the lies because they won't be interested in any lies. What you need is evidence to prove how your conditions affect you against the PIP descriptors.

mikehughescq

ilovecats said:

Shogun01 said:

Looking for advise iam doing an mr  after being cut off pip after 10 years my illnesses are worse I have 4 crohnic illnesses whereas the 2 I had ten years ago 17 operations later the assessor totally lied about me passing exam @ about my crohns medication even tho its on my repeat my daughter recorder it on her mobile so we have proof thank goodness ! She awarded 6 points care 4 mobility very conyving made sure she manipulated the system so I got cut off I have now lost sdp also as live alone iam500 down a month worried sick should I get cab to help ,@ my daughter with my letter or form though I don't think the form has enough space for all theistskes she made any advise is welcome !/

Don’t use the recording. You are not allowed to covertly record, it will not be looked upon in your favour and I imagine it won’t help.

This is potentially incorrect advice. Whilst covert recording is not permitted  it is also not illegal and it has been done and is now evidence. At the MR stage it would doubtless be disregarded simply because only 19% of MRs currently succeed but at the appeal stage it would be admitted as the tribunal regulations require both parties to put all the evidence they have before the tribunal. The extent to which it would influence any outcome is up for debate. There may be things in there which go against and things which go for the case. The starting point would be to let your WRO hear it in full and form a reasoned conclusion. That doesn’t mean you should withhold it. The legal position is that you cannot. It will give you a better idea of its relevance though. 

There was one widely reported case of a covert recording being admitted and the claimant subsequently winning. Easy enough to find online. https://www.benefitsandwork.co.uk/news/3671-secret-pip-assessment-recording-leads-to-appeal-tribunal-win

However, whilst that claimant made for a nice story there was never any evidence put forward that they won because the recording was admitted. There may have been no correlation at all.

However, @poppy123456 is spot on in her observation that your focus needs to be on why you qualify for PIP rather than why the HCP report is wrong. It’s entirely possible to show that a HCP is woeful yet still not qualify for PIP because you’ve not made a case for the points. Disproving a HCP is not the same as proving you’re entitled to PIP. If you’re happy with your WRO you would be well advised to direct all future questions to them as taking advice from more than one source is not good practice.

twonker

mikehughescq said:

If you’re happy with your WRO you would be well advised to direct all future questions to them as taking advice from more than one source is not good practice.

….and if you don't have access to a WRO?