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PIP assessment report littered with errors

sceneparadesceneparade Member Posts: 81 Connected
I have mental health issues since childhood, which includes eating disorder, Autism, Depression and Anxiety, and s couple of others. 

Anyway, I received a letter on the 16th July from PIP saying they have rejected my application for PIP and terminating my DLA, as I didn't meet the score: I receive total 4 marks. 

However, the assessment undertaken was filed with errors, lies and omissions. For example, They said I can prepare food, despite my carer in the assessment with me stating that I cut the top of my thumb off with a knife when trying to make food. It was then elaborated that other people prepare food for me. On the contrary, the assessor said I could prepare food. 

In addition, they said I was able to communicate, despite having an ASD diagnosis whereby I failed an assessment involving ADOS assessment tool for communication. ASD means they have difficulty communicating. 

Furthermore, It was stated that I was fairly okay at mixing and got a score of 4 0ut of 8. In contrast, I am a hermit; never leave home without a carer, do not mix with ANYONE. 

There are many more errors (although honestly lies) in the assessment. The assessor even stated she doesn't know anything about autism. How can she then assess? 

But the largest frustration was that I sent extensive and detailed medical reports from psychiatrists and psychologists and other Drs stating my diagnosis and how it impacts my life. Yet, they ignored the medical experts and came to an erroneous conclusion that was without merit. She basically has ignored all their medical advice. 


Where to go I from here? 

It says on the DWP assessor guidance subsection 5 that being called in for an assessment when the claimant has a diagnosis of ASD or learning difficulties that makes it worse, should not be called in for an assessment. 




Replies

  • April2018momApril2018mom Posts: 2,869 Member
    My son’s first ever assessment report contained loads of inaccurate information. Do you have a social worker or not? My son’s amazing social worker helped me contest their decision. She also read the assessment report. After I read the assessment report I circled all inaccurate information with a red pen.
    It frustrated me too. Why bother sending all that medical evidence if they don’t read it carefully? Use this PIP letter writing tool to type up a appeal letter. 
    https://www.advicenow.org.uk/pip-tool/thank-you
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Most people need a face to face assessment, it's rare to have a paper based one.

    Scoring 4 points for mixing with others is correct because you need support for this.

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

    Send relevant evidence to support your claim because they rarely contact anyone for this.

    Avoid mentioning any lies that may have been told in the report because DWP and the Tribunal won't be interested in any of those.

    Most MR decisions remain the same so you'll most likely have to take it to Tribunal. Appearing in person will give you the best chance of a decision in your favour.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • sceneparadesceneparade Member Posts: 81 Connected
    Hi, 

    Thanks for reply. 

    I feel on the mixing part, based on my psychiatric reports it should have easily been maximum score. 

    I have sent them psychiatric reports and psychologists reports, evidence of self harm, GPs supporting my claim.

    I am now waiting for another letter from my doctor to send with my MR letter
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger

    Descriptor D (8 points): Cannot engage with other people due to such engagement causing either:
    i. overwhelming psychological distress to the claimant; or
    ii. the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another person

    Overwhelming psychological distress means distress related to a mental health condition or intellectual or cognitive impairment which results in a severe anxiety state in which the symptoms are so severe that the person is unable to function. This may be as a direct result of a mental health condition, or as a result of another disability such as cognitive or developmental impairment.

    There's 9 other descriptors for the daily living part, is there any other descriptors that you think you could score points for? Scoring 8 points in one descriptor is extremely high and may not be possible. Needing social support would score you 4 points.

    Having some understanding of the descriptors and what they mean does help. I'd advise you to have a read of this link.

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

     

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • sceneparadesceneparade Member Posts: 81 Connected
    Well the medical history shows significant stress, in the form of self harm, injuries and emotional dysregulation involving anger and acting out. 

    Other descriptions I explained my difficulties, such as not being able to prepare food because I have often injured myself, in the form of cutting the top of my thumb off using a knife. However, the assessor omitted this from my report to DWP and subsequently scores 0. 

    Furthermore, she also omitted information I gave in regards to other descriptors that relate to my conditions. She also omitted information from my carer who accompanied me to the assessment and was told to keep quiet when he tried to help elaborate my difficulties. 


  • sceneparadesceneparade Member Posts: 81 Connected
    Hi @April2018mom

    My doctor has wrote me a REALLY good appeal letter. She ticked virtually all the boxes for the PIP assessment criteria. One thing she put in the letter to them was that I was a safety risk to myself and others and that out alone in the community has led to me being taken advantage of. In addition, she stated it was untreatable and incurable.

    I am hoping those comments by her were effective. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm not sure what you mean by "ticked all the boxes for the PIP assessment criteria"
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • April2018momApril2018mom Posts: 2,869 Member
    Hi @April2018mom

    My doctor has wrote me a REALLY good appeal letter. She ticked virtually all the boxes for the PIP assessment criteria. One thing she put in the letter to them was that I was a safety risk to myself and others and that out alone in the community has led to me being taken advantage of. In addition, she stated it was untreatable and incurable.

    I am hoping those comments by her were effective. 
    Sorry, what do you mean?
  • bigglesworthbigglesworth Member Posts: 21 Connected
    You should probably contact your local Citizens Advise or Welfare Rights to see if they had help you with the Mandatory Reconsideration. They should be able to provide a written statement that points out the report errors without it just coming across as you accusing the assessor of being dishonest.

    People with mental health or development disorders generally get mistreated by the assessors and the DWP, they will likely ignore any information from you, your carer and your doctor as they will all be seen as being in cahoots with you to gain benefits. They will not be able to make the same arguments against evidence from organisations like Citizens Advise or Welfare Rights.

    Just filling in the forms yourself is probably enough for the assessors to say your mental health or developmental conditions are not bad enough to meet the criteria for PIP. (They will also say that if someone else filled in the form on your behalf that they have inflated your issues, you can't win either way).
  • worried33worried33 Member Posts: 399 Pioneering
    edited August 2019
    I'm not sure what you mean by "ticked all the boxes for the PIP assessment criteria"
    There is a form for GPs provided by various welfare advisor groups where they tick descriptor boxes based on their medical opinion, my GP did the same.

    Also below each descriptor is a box to fill in justification for the choice. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    worried33 said:
    I'm not sure what you mean by "ticked all the boxes for the PIP assessment criteria"
    There is a form for GPs provided by various welfare advisor groups where they tick descriptor boxes based on their medical opinion, my GP did the same.

    Also below each descriptor is a box to fill in justification for the choice. 
    That sounds like the ESA113 form that is sent to a GP, as far as i know there's no equivalent form sent for PIP. The justification box is what's filled in by the HCP not a GP.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • worried33worried33 Member Posts: 399 Pioneering
    edited August 2019
    The box for reasons on the form I had was designed fully for the GP.  It looked like it was a form made by the welfare group themselves, so not an official form issued by the DWP.

    The descriptors were definitely the PIP descriptors as well so I dont think its an ESA113.

    I was very surprised the GP filled it all in.

    Basically my GP told me to contact this specific group and get them to tell her what information she needed to provide, I couldnt get a face to face due to (in their words) extremely high demand for their services, but they consulted with me on email and sent this form out to me in the post and told me to get my GP to fill in.

    I put it in a an envelope with a letter requesting her to fill it in with her medical opinion, and it took her ages, almost 2 months, but she did it and also for no fee. Every descriptor choice she ticked she put in about 2-3 paragraphs of reasons as well.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @sceneparade, how are you getting on with this?
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  • sceneparadesceneparade Member Posts: 81 Connected
    @Chloe_Scope

    I am awaiting a response from my MR from PIP. My GP has written a detail statement where she has literally gone through the whole PIP descriptors and applied them to my disability. In reality (based on their very own descriptors), I would easily make higher rate care component. However, even if I met the descriptors and, therefore, the threshold, they would reject it just to reject my application. I am still unsure of what the purpose of an assessment is - because the point of the face-to-face assessment is to explain to them how your disability affects you. They could listen and still just ignore everything said and write down that the person doesn't meet the PIP criteria. 


    And then what? It is, essentially, your word against theirs. 

    I have filled in my ESA WCA with medical records and copy of the statement my GP gave me explaining my difficulties, but, again, what happens at the WCA? I could go in there and say ' this is how it affects me...' and then they ignore what you say and conclude 'theres nothing wrong, doesn't deserve ESA'. 

    Evil people. 
  • sceneparadesceneparade Member Posts: 81 Connected
    @worried33

    My GP done the exact same as your GP: she wrote a detailed three or four paragraph statement going through the whole descriptors and applying them to me.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    I really hope you aren't waiting much longer @sceneparade!
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