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after a home visit given zero on all points how is this possible this was a reveiw and i had middle

rasberry
rasberry Member Posts: 13 Listener
After a home visit and due to a spinal permanent injury in 2010 having ptsd anxiety and depression given a zero .i clearly think they didnt read the assesors notes as he was kind and compassionate.
i was previously handed middle level of pip with ten points on mobility and now a zero my condition has worsened and im having cardiac investigations and urinary incontinence testing at urologist in the hospital.i am also under CBT,i truly have no idea why they have doen this like was this computer generated?
also if i had it tapoed can i say to them i will send the transcribed notes through or should i leave that for court?
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Comments

  • rasberry
    rasberry Member Posts: 13 Listener
    i had a home visit as i suffer a permanent dissability to my spine and have ptsd and severe depression.i got zero points i think they have not even seen the assesors report as he was kind and caring when he left he said to me keep well and dont worry.
    i am due for a halter and cardiac investigations in Febuary also have Urinary incontinence testing at hospital.i am so disturbed by this,
    Any advice ? can i get the audio transcribed i secretley taped it as i was advised to by some people.
  • poppy123456
    poppy123456 Member Posts: 28,416 Disability Gamechanger
    Hi and welcome,

    A report would have been written and sent to DWP otherwise a decision couldn't have been made. Just because the HCP seemed nice it doesn't mean points were recommended. Having a home assessment is no advantage than an assessment in one of their centres.

    Secretly recording the assessment is not advisable. Had you been caught doing this then your assessment would most likely had been stopped and your file returned to DWP and you would have been refused that benefit.

    You will need to have it transcribed to be able to use it at the Tribunal. My advice is to concentrate on where you think you should have scored those points and your reasons why. Adding a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you. Concentrating on the recording is not going to score you any points. You have 1 month from the date of the decision to request the MR.

    Most MR decisions remain the same so you'll likely have to take it to Tribunal. The only downside is that waiting times are huge across most of the country and lots are waiting a year for a hearing date. Appearing in person will give you the best chance of a decision in your favour.
  • wilko
    wilko Member Posts: 2,449 Disability Gamechanger
    Hello, covertly recording your assessment is wrong and illegal, as poppy stated had this been observed your assessment would have been halted. Maybe the assessor was or became aware of your secret recording and thought better of it, and awarded you nothing knowing you would have to go to a tribunal and thus wait a year or more for your award to be granted. Rough justice we, you will never no. 
  • rasberry
    rasberry Member Posts: 13 Listener
    . Why is it that the court accpets  the ttanscribed script? I also had a witness with me and notes were taken so i can use the notes only if the court doesnt accpet the transcribed notes and says its illegal. Is this possible 
  • cristobal
    cristobal Member Posts: 987 Disability Gamechanger
    edited February 2020
    @rasberry - if it goes to a tribunal whether the panel accept it is a matter for them. Either way they won't listen to a recording so you'll have to transcribe it...

    Edit AFAIK all courts use a transcription - certainly the criminal courts do...

  • rasberry
    rasberry Member Posts: 13 Listener
    Hi Cristobal iwhat is AFIK please. I actually would like this to go to court as i feel cheated and it is very distressing to go through this every few years. this was a review 
  • cristobal
    cristobal Member Posts: 987 Disability Gamechanger
    @rasberry - AFAIK = 'as far as I know'

    Don't worry about recordings, transcriptions and the like - you're focussing on things that aren't important..

    Concentrate, as others have said, on why you should get PIP. Give examples of what you can/ can't do
  • rasberry
    rasberry Member Posts: 13 Listener
    okie yes correct it just makes me so sad and distressed. Thank you for your kindness 
  • poppy123456
    poppy123456 Member Posts: 28,416 Disability Gamechanger
    Another thing to remember is that it's not a court, it's a Tribunal.
  • skullcap
    skullcap Posts: 172 Connected
    But it is still part on the Ministry of Justice.
  • poppy123456
    poppy123456 Member Posts: 28,416 Disability Gamechanger
    In a court you're on trial. At a Tribunal you're not and that's the difference. Concentrate on where and why you think you should have scored those points and not on the recording. Put your post code into this link to see what's local to you for face to face advice. https://advicelocal.uk/

  • cristobal
    cristobal Member Posts: 987 Disability Gamechanger
    @skullcap said..."But it is still part on the Ministry of Justice."

    Not entirely sure of the relevance of this - maybe I've missed something - but MOJ or not I still think the best bit is just to concentrate on presenting a good case for being awarded PIP. Look up the activities and descriptors on the DWP website and use these as a guide for what examples to use...

    @skullcap - did you previously post as Yadnad, Twonker, & Gruber. I'm just curious??
  • rasberry
    rasberry Member Posts: 13 Listener
    thing is i said all of my descriptors of using aids  for eating and using ready made meals all of this however none of it was used in my decision sadly. 
  • rasberry
    rasberry Member Posts: 13 Listener
    Can we call in and speak to a decision officer of some sort? 
  • tomm
    tomm Member Posts: 285 Pioneering
     Having a home assessment is no advantage than an assessment in one of their centres.

     
    I beg to differ especially if you are claiming  for a mobility issue Moving  around, As some of their centres can involve a lengthy walk, from a car park or public transport, and of course they can and do use this against you, at these farces they regard as assessments, So if you do have issues walking or being able to travel, then there is nothing to lose by insisting on a home visit, although it may be a longer wait for the assessment

  • tomm
    tomm Member Posts: 285 Pioneering
    wilko said:
    Hello, covertly recording your assessment is wrong and illegal, as poppy stated had this been observed your assessment would have been halted. Maybe the assessor was or became aware of your secret recording and thought better of it, and awarded you nothing knowing you would have to go to a tribunal and thus wait a year or more for your award to be granted. Rough justice we, you will never no. 
    Wasn't illegal as it was in the OP's home, it won't be admissible at a tribunal though they will refuse  to accept it ,  but it could be useful for the op to use for refreshing their memory of what took place such as any examination  or tests of limb movement, though if the medical evidence is constant with what the op says as to how these diagnosed problems affect his day-to-day life then a tribunal shouldn't have any problems  making a favourable decision

  • rasberry
    rasberry Member Posts: 13 Listener
    yes  i will use to qoute many instances it does help to recap also now with MR
  • rasberry
    rasberry Member Posts: 13 Listener
    Mobility is a great issue for me 
  • poppy123456
    poppy123456 Member Posts: 28,416 Disability Gamechanger
    tomm said:
     Having a home assessment is no advantage than an assessment in one of their centres.

     
    I beg to differ especially if you are claiming  for a mobility issue Moving  around, As some of their centres can involve a lengthy walk, from a car park or public transport, and of course they can and do use this against you, at these farces they regard as assessments, So if you do have issues walking or being able to travel, then there is nothing to lose by insisting on a home visit, although it may be a longer wait for the assessment


    What i meant was having a home assessment doesn't increase your chances of being awarded.
  • thespiceman
    thespiceman Member Posts: 6,389 Disability Gamechanger
    edited February 2020
    Hello @rasberry   Pleased to meet you sorry to hear what happened.

    I am also one of the team of Community Champions.

    Please if I can suggest always get help, support with your mental health.  If you have no one then please consider using the following.

    I know from personal experience always a good idea to have continuous support evaluating you mental health over time.

    I would recommend these.

    https://www.richmondfellowship.org.uk.

    https://www.mind.org.uk.

    https://www.rethink.org.

    Might not be in all areas.

    They can help you with your problems offer benefit advice and support. Attend assessments, tribunals although. 

    Tribunals attend but may not be able to speak for you.  Be there to support.

    Assessments can do if needed.

    All charities offer well being and health advice on sleep, meds and diet, nutrition.

    Use education, knowledge and coping methods to help you cope.

    Hope that helps.

    Please if you have any questions please ask.

    I would also speak to CAB use them for guidance, advice and support.

    Please look at the relevant information my friend @poppy123456 has given you.

    To give you a lot of reassurance and self esteem, been through a  few of these had positives and to add wish you well for a successful outcome.

    Please take care.

    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes

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