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PIP Assessor help please

mercedesbd
mercedesbd Member Posts: 109 Courageous
Sorry to keep posting, as you all know I got declined PIP because of the lying assessor, done MR still nothing got the Tribunal letters through today response from PIP and I was just wondering if I made a new claim for PIP ( as the DWP case manager told me to ) Will I have chances of seeing the same assessor? That’s something I do not want to do. Didn’t know if there was a policy or not allowing same assessor twice? 

Also has anyone else done this? Drop a claim and make a new one if so what was the outcome. Thanks
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Comments

  • poppy123456
    poppy123456 Member Posts: 28,559 Disability Gamechanger
    That's not something you should do without first getting some expert advice. Starting a new claim using the same evidence you previously used will very likely see another refusal. Taking it to Tribunal is your best answer here.

    If you start another claim while waiting for the Tribunal any new decision will overrule the Tribunal decision.
  • wilko
    wilko Member Posts: 2,449 Disability Gamechanger
    Hello the chances of having the same asscesor is very slim, as for reapplying for PIP using the same evidence is pointless and you will most likely get the same award, as your taking you appeal to tribunal stopping this may could be a foolish thing to do, or cancel tribunal and apply for PIP using better supportive evidence. Others will comment on your questions but you may have to accept that you don't meet the criteria for claiming PIP in your present health condition. 
  • mercedesbd
    mercedesbd Member Posts: 109 Courageous
    That's not something you should do without first getting some expert advice. Starting a new claim using the same evidence you previously used will very likely see another refusal. Taking it to Tribunal is your best answer here.

    If you start another claim while waiting for the Tribunal any new decision will overrule the Tribunal decision.
    Yes but also if I get declined again I can just carry on with the first Tribunal I just rang them they told me this & my evidence of having autism is no we’re  in the appeal papers so they’ve not acknowledged that. Both DWP and ATOS told me to reapply under worsening condition. I got both letters today 
  • mercedesbd
    mercedesbd Member Posts: 109 Courageous
    wilko said:
    Hello the chances of having the same asscesor is very slim, as for reapplying for PIP using the same evidence is pointless and you will most likely get the same award, as your taking you appeal to tribunal stopping this may could be a foolish thing to do, or cancel tribunal and apply for PIP using better supportive evidence. Others will comment on your questions but you may have to accept that you don't meet the criteria for claiming PIP in your present health condition. 
    I’ve got evidence they haven’t yet seen. And my doctor & psychologist agreed that I’m entitled to PIP he said he’ll support me along the way but I haven’t asked for help from them as a letter is to long to wait up to 3 months & you don’t stop Tribunal they just told me you can make a new claim and appeal as your appealing the OLD decision 
  • poppy123456
    poppy123456 Member Posts: 28,559 Disability Gamechanger
    Then send the evidence to the Tribunal. A GP and psychologist would know very little about the PIP descriptors and what they mean. Tribunal waiting times are huge across most of the country so waiting 3 months for a letter won't be an issue.

    If you start a new claim then any decision made from that will overrule the Tribunal decision. You could still be waiting 5+ months for a decision if you started a new claim. Then if that's refused and it could be because you've recently been refused then you'll have to request the MR for that decision and the process starts all over again.
  • mercedesbd
    mercedesbd Member Posts: 109 Courageous
    Then send the evidence to the Tribunal. A GP and psychologist would know very little about the PIP descriptors and what they mean. Tribunal waiting times are huge across most of the country so waiting 3 months for a letter won't be an issue.

    If you start a new claim then any decision made from that will overrule the Tribunal decision. You could still be waiting 5+ months for a decision if you started a new claim. Then if that's refused and it could be because you've recently been refused then you'll have to request the MR for that decision and the process starts all over again.
    I asked him that he said the way around it would be if I get declined go to MR then leave it and proceed with the first Tribunal as that still stays in place I’m sure he knows what he’s on about as He works in the DWP & my GP and psychologist is very much up to date with the descriptors because I showed them? And as for the long wait I was accessed within dead on 4 weeks of returning my form last time and that was only a few months back 
  • cristobal
    cristobal Member Posts: 987 Disability Gamechanger
    @mercedesbd - two people have advised you not to re-apply but it seems you prefer the advice of the DWP & your GP...

    You must make your own decision - but personally I wouldn't want advice from my GP (she's a very good doctor but not so good as a benefits adviser)

    Good luck, whatever you decide..
  • poppy123456
    poppy123456 Member Posts: 28,559 Disability Gamechanger
    Yes you can still proceed with the existing Tribunal BUT like i advised the new decision will overrule the Tribunal decision. If the Tribunal ruled in your favour then you wouldn't receive all the backdated money,  you will only receive backdated money up until the date of the decision on the new claim.

    You really do need to get expert face to face advice from an agency near you, not from your doctor or psychologist because they are not experts for benefit claims. This link will tell you what's local to you for that advice. https://advicelocal.uk/


  • mercedesbd
    mercedesbd Member Posts: 109 Courageous
    cristobal said:
    @mercedesbd - two people have advised you not to re-apply but it seems you prefer the advice of the DWP & your GP...

    You must make your own decision - but personally I wouldn't want advice from my GP (she's a very good doctor but not so good as a benefits adviser)

    Good luck, whatever you decide..
    Yes you can still proceed with the existing Tribunal BUT like i advised the new decision will overrule the Tribunal decision. If the Tribunal ruled in your favour then you wouldn't receive all the backdated money,  you will only receive backdated money up until the date of the decision on the new claim.

    You really do need to get expert face to face advice from an agency near you, not from your doctor or psychologist because they are not experts for benefit claims. This link will tell you what's local to you for that advice. https://advicelocal.uk/


    My GP nor psychologist have told me to reapply they told me from the start to apply and that I’m eligible under certain descriptors .. it’s my decision to re apply 
  • cristobal
    cristobal Member Posts: 987 Disability Gamechanger
    @merecedesbd - I agree with poppy...you should find some face to face advice from a benefits adviser not your GP. GP's aren't trained as far as I know...

    Good luck anyway...hope things turn out well..
  • Pipquestions2
    Pipquestions2 Member Posts: 92 Pioneering
    edited June 2019
    Doctors and psychologists don't know much about PIP. 

    My GP refused to write me a letter because "pip always contact me". Poppy and others here will repeat time and time again that they do not always contact your professionals and you shouldn't expect them to.

    In the end, they never did contact my GP despite multiple requests from myself to so, so poppy and others were spot on and my GP was wrong. 

    Listen to poppy and stick with tribunal only and send your evidence to tribunal, list where you should have gotten points, why, and give a few examples of the struggles you faced the last time you attempted to do it.  if you're entitled to PIP they will correct it. Reapplying and expecting different results from the same people is silly

  • mercedesbd
    mercedesbd Member Posts: 109 Courageous
    Doctors and psychologists don't know much about PIP. 

    My GP refused to write me a letter because "pip always contact me". Poppy and others here will repeat time and time again that they do not always contact your professionals and you shouldn't expect them to.

    In the end, they never did contact my GP despite multiple requests from myself to so, so poppy and others were spot on and my GP was wrong. 

    Listen to poppy and stick with tribunal only and send your evidence to tribunal, list where you should have gotten points, why, and give a few examples of the struggles you faced the last time you attempted to do it.  if you're entitled to PIP they will correct it. Reapplying and expecting different results from the same people is silly

    I don’t no why everyone’s jumping on the bandwagon and repeating the same sh*t because it wasn’t me who come I put with this idea it was the DWP case manager Laura. And no one has said that they’ll write to my GP? I know I have to request this and my GP does provide letters without them writing first.. maybe you have **** doctors. I know for a fact I am entitled to PIP I need help getting in and out of a shower last 2 times I  done this I slipped the last time I done this I slipped n bruised all my face. I need help getting dressed lower part because last time I done this I fell . I need help communicating with people as I get stuck on what to say I psychically can’t express my words face to face. I don’t know how to cook a meal I’ve tried to learn but I can’t I use microwave to eat. I need help on the toilet where my bowels are incontinent and we’re I’m in either so much pain or feel so weak I can’t do this by myself
    i do not leave the house alone at all ever. I always have to have someone with me because of panic attacks i.e if there was a disruption on the way itd cause me severe anxiety last time I done this the train got stuck for an hour in a dark tunnel with no service due to power shortage I physically can’t comprehend what happened. And moving around I can’t walk no more then 50 metres unaided where I’m in so much pain the bridges of my feet kill . My hips pop in and out my knees are very painful and my spine is in a lot of pain when I feel really weak i can’t walk atal 

    the problems isnt being enitlted to it it’s the unprofessional assessors lying about people she said there was no cognitive or social impairment when autism is ? No health condition when I have a load 
  • cristobal
    cristobal Member Posts: 987 Disability Gamechanger
    @mercedesbd -  if you're referring to me then I was genuinely trying to help.

    The reason, I imagine, that people are "repeating the same old **** " is because you asked their opinion. 

    As with any advice it's for you to decide whether to take it but I don't believe that being dismissive of other's opinion takes anyone anywhere... 

    You do what you think best....
  • mercedesbd
    mercedesbd Member Posts: 109 Courageous
    cristobal said:
    @mercedesbd -  if you're referring to me then I was genuinely trying to help.

    The reason, I imagine, that people are "repeating the same old **** " is because you asked their opinion. 

    As with any advice it's for you to decide whether to take it but I don't believe that being dismissive of other's opinion takes anyone anywhere... 

    You do what you think best....
    Your all repeating yourself like I’m stupid and commiting a crime it wasn’t my idea I know the tricks of the trade and I know how DWP work I ain’t no professional but when the professional DM is telling you to reaply I’m sure your gunna rethink .. it’s either that or wait a year for Tribunal witch I don’t want to do and you keep on about my GP no ones bothered about the GP input in more bothered about the fact I’ve been told to reapply by DM and ATOS? Surely you would seek help
  • mercedesbd
    mercedesbd Member Posts: 109 Courageous
    And I didn’t mean you I meant the ‘ reapply and expecting different results from the same people is silly ‘ well obviously it sounds like a stupid move but I got told to do this 
  • poppy123456
    poppy123456 Member Posts: 28,559 Disability Gamechanger
    A DWP decision maker will almost always tell you to re-apply because they don't want you to take it to a Tribunal. Don't fall for that trap. This is like the same advice hundreds of other people were given when they were found fit for work for ESA " you need to claim UC advises the decision maker" so they claim UC not fully realising that they could possibly be so much worse off by doing what the decision maker advised them to do.

    Re-apply isn't always the answer and those that do re-apply may find their self in the same position they were previously in....with a refusal so the whole process starts all over again. The answer is always take it to Tribunal because at a Tribunal there's more of a chance you will have a decision in your favour and even more of a chance if you have representation.

     What you decide to do is your choice no one else's but please remember that you did ask for advice here, which you've been given.
  • Pipquestions2
    Pipquestions2 Member Posts: 92 Pioneering
    edited June 2019
    Doctors and psychologists don't know much about PIP. 

    My GP refused to write me a letter because "pip always contact me". Poppy and others here will repeat time and time again that they do not always contact your professionals and you shouldn't expect them to.

    In the end, they never did contact my GP despite multiple requests from myself to so, so poppy and others were spot on and my GP was wrong. 

    Listen to poppy and stick with tribunal only and send your evidence to tribunal, list where you should have gotten points, why, and give a few examples of the struggles you faced the last time you attempted to do it.  if you're entitled to PIP they will correct it. Reapplying and expecting different results from the same people is silly

    I don’t no why everyone’s jumping on the bandwagon and repeating the same sh*t because it wasn’t me who come I put with this idea it was the DWP case manager Laura. And no one has said that they’ll write to my GP? I know I have to request this and my GP does provide letters without them writing first.. maybe you have **** doctors. I know for a fact I am entitled to PIP I need help getting in and out of a shower last 2 times I  done this I slipped the last time I done this I slipped n bruised all my face. I need help getting dressed lower part because last time I done this I fell . I need help communicating with people as I get stuck on what to say I psychically can’t express my words face to face. I don’t know how to cook a meal I’ve tried to learn but I can’t I use microwave to eat. I need help on the toilet where my bowels are incontinent and we’re I’m in either so much pain or feel so weak I can’t do this by myself
    i do not leave the house alone at all ever. I always have to have someone with me because of panic attacks i.e if there was a disruption on the way itd cause me severe anxiety last time I done this the train got stuck for an hour in a dark tunnel with no service due to power shortage I physically can’t comprehend what happened. And moving around I can’t walk no more then 50 metres unaided where I’m in so much pain the bridges of my feet kill . My hips pop in and out my knees are very painful and my spine is in a lot of pain when I feel really weak i can’t walk atal 

    the problems isnt being enitlted to it it’s the unprofessional assessors lying about people she said there was no cognitive or social impairment when autism is ? No health condition when I have a load 
    DWP will tell you to reapply because you'll probably win at tribunal and they won't have to pay as much, or at all to you. It's like the owner of ASDA telling you to shop at ASDA over Tescos.

    I scored 0 points at assesment
    0 points at MR
    Went to Tribunal and scored 22 points combined, many for the descriptors you mentioned.

    DWP will generally side with the assessor which as you said lied about your condition, why would you side with them again? Go around them and do tribunal who will listen to your problems and be truthful in their findings (in my experience). The numbers are something like 75% of appeals win at tribunal.

    Like yourself I have communication problems massively which was present during my assessment and present every day in life and causes me huge amounts of stress. I scored 0 at assessment (Supposedly communicated fine etc, ), 0 at MR, went to Tribunal and scored 4 points for communicating. The DWP also advised me to re apply also, but I went to Tribunal and won my PIP award.

    In my experience the PIP Assessments don't treat mental health fairly and don't put much emphasis on it. When I went for mine there was a huge focus on my physical problems, when my main problem is actually my mental health. Judging by your final paragraph the same was probably true for you aswell. Go to Tribunal and going off what you have written here I can almost guarantee you will win it also.

    You keep mentioning how the Assessor lies yet you're also fixated on going through the process again only to see yet another Assessor who may yet again lie.  There is no sense or logic in that. At tribunal you will see an independent panel who will actually care about your problems and award you correctly.
  • mercedesbd
    mercedesbd Member Posts: 109 Courageous
    @Pipquestions2 @ilovecats @cristobal @poppy123456 sorry for swearing didn’t take my meds. I actually understand what you’s are saying now. I’m just gunna sit it out and go Tribunal .. I didn’t know they told everyone to re apply so they short the backpay. Thanks for ur help and making me understand
  • Adrian_Scope
    Adrian_Scope Posts: 8,572

    Scope community team

    Good morning @mercedesbd. I hope you're feeling a little better? It's a really stressful situation which I'm sure we can all relate to, but it is important to be mindful of your language.

    Of course you are able to reapply if you wish, but what I think everyone was trying to explain was; if you reapply and you get awarded, great. Your award will start from that date and this past application will be irrelevant. 
    If you reapply and don't get awarded, even if you continue with this first tribunal and win that, you'll only get awarded up until the date you reapplied and then your claim would end and you would be without PIP again. You would need to do a second MR and potentially another tribunal for the new claim too. 

    I hope that helps and if you have any other questions, please don't hesitate to ask. :)

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