I could literally cry.... Assessors report isn't what I'd hoped for

kelly2021

Hello everyone,

So I have recieved my copy of the assessors report today and I am absolutely heartbroken. She has gave me nothing for daily living and 8 points for mobility and she has lied throughout the report! 
I don't know how to feel right now and I know this means I am not going to get anything at all for daily living.
Don't know whether I should appeal because I am due open heart surgery in the next couple months and I just don't need the added stress. But I could cry ?

Leigh14

Kelly, I’m so sorry you haven’t received what you hoped for. I understand the whole stress thing too. Give it a while before you make your mind up. Take care 

chiarieds

Hi again @kelly2021 - I'm sorry the assessment report wasn't what you'd hoped. If you possibly can, put this behind you. This is just the beginning of the process, & altho you have to wait for your actual decision letter, if that's not what you feel reflects your difficulties, then go for a Mandatory Reconsideration, where another Decision Maker will look at your claim again. The success rate of these isn't great, but, if you then take it to a tribunal, the health care professional's report is largely ignored, as they are often 'inaccurate,' & tribunals have a good success rate.

If you do decide to go for a Mandatory Reconsideration, then try & give a couple of really detailed examples of the difficulties you faced (at the time of your assessment) for each applicable descriptor/activity. When did you have difficulty doing/attempting the activity, why did this happen, who witnessed it, what exactly happened, & what, if any consequences resulted?

kelly2021

@chiarieds Thank you for your reply. I am so grateful that the assessor as recommended me standard mobility, but it's the fact that she lies so much in it and misleads. Like one minute she is saying I don't raoe medication and then on the next page she is writing down all the medications I take ?‍♀️ Then on another page she is basically calling me a liar about my seizures. She doesn't know me and she doesn't have a clue what I go through on a daily basis. Do you have any idea how long a mandatory reconsideration takes? Also will I have to wait to receive any money til they have done the reconsideration? Thank you again for your reply.

calcotti

The first thing you have to do is simply wait fo4 the decision letter. If it goes with the report and you get awarded standard mobility that award will be put into payment (with an arrears payment back to the date of claim - if this was a new claim).

if you request an MR this will not stop payment of the award while the MR is considered.

You can start preparing now what you might want to say to support the MR. If there are glaring inconsistencies in the report you may wish to refer to these but it isn’t what you should focus on. What you need to focus on is making clear why you think you should score points for activities. If you are not familiar with it make sure you understand the point scoring system, see
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

If you kept a copy of the PIP2 you previously returned look through it and see what additional information you can provide to explain the difficulties you have. Think of extra examples you could include.

chiarieds

Hi @kelly2021 - Unfortunately a Mandatory Reconsideration can take several weeks, however you will receive your standard rate of mobility in the meanwhile, you will not have to wait to receive this until after a Mandatory Reconsideration.

I do know what you mean, having applied for PIP myself, & the assessors do use some 'cut & paste' responses that bare no likelihood as to how you are. However, you don't get PIP by highlighting their inaccuracies (it's their opinion, & you couldn't prove they'd lied), but by showing where you should have gained points, & why.

In case you haven't seen this before please look at the following link about the descriptors looked at with PIP, & please do read the notes at the end too. Please see: https://www.cambridgeshire.gov.uk/asset-library/Personal-Independence-Payment-Descriptors-and-Scores-April-2021.pdf

About seizures, whereas normally you need to explain the difficulties you have more than 50% of the time, this isn't necessarily the case.... the more likely it is that a seizure could potentially cause harm, if this is the case, matters more, & points may then also be awarded about the need for supervision (even if you don't have that help).

From the Benefits & Work Guide about PIP:

'If there is a real possibility that a claimant with epilepsy might have a seizure whilst cooking then they reasonably require supervision for this activity, even though the chances of a seizure happening on any specific occasion may be quite small.
They should score points for needing supervision even if they don’t actually have anyone to provide it.
Where a claimant is at risk all the time, then they may also be at risk when carrying out PIP activities that do not carry any additional likelihood of harm.
So, a claimant may not be at any additional risk of harm if they have a seizure when using the toilet or taking medication, for example. But, because they are at risk whatever they are doing, then we would argue that they still reasonably require supervision during these activities, because they cannot do them safely without supervision.'

Hope some of this helps.

woodbine

@kelly2021 i'm sorry you feel that you didn't score points for daily living because the assessor "lied", it has to be said that just because you don't agree with them doesn't mean they lied, I'm sure that's not how you think right now but as other have said you will need to wait for the DM to decide.
A claim  for PIP for epilepsy can sometimes be very straight forward or it can be complex, it depends to an extent how well your seizures are controlled, wether you get any warning before you have them (an aura), what type of seizures you have and how often, and how bad they are.
It can take upto 8 weeks for the DM to review the assessors report, mostly they go with the award suggested but not always, so time well spent over the next period would be to read up on MR and also appeals, and maybe to find out where you can get some help if you need it with this, perhaps welfare rights as an example.
i would say that I am surprised that you only got standard rate for mobility, but of course I don't know just exactly how your epilepsy affects you.

kelly2021

@woodbine Thank you for your reply. There is alot of inconsistencies within my report like for example one minute saying I'm not on medication (which I'm on loads and sent evidence for this) and then on the next page she is saying that I do take medication but gave me no points for this. Its not just Epilepsy that I have, I also have a heart condition (waiting for surgery), Asthma and Anxiety to which I provided all evidence for and fully explained how this all affects me on a daily basis. It seems like she has gave me 4 points for daily living and 8 points for mobility.

There is just so many inconsistencies in my report and its disheartening.

Ross_Alumni

Hi @kelly2021

I'm sorry to hear that your report has caused you this much upset, if you aren't happy with it then I would definitely consider the appeal. 

You might want to visit sites like Advice Local or Welfare Rights, in order to try and find some support with the process. That might help you feel more at ease about the appeal.

woodbine

kelly2021 said:

@woodbine Thank you for your reply. There is alot of inconsistencies within my report like for example one minute saying I'm not on medication (which I'm on loads and sent evidence for this) and then on the next page she is saying that I do take medication but gave me no points for this. Its not just Epilepsy that I have, I also have a heart condition (waiting for surgery), Asthma and Anxiety to which I provided all evidence for and fully explained how this all affects me on a daily basis. It seems like she has gave me 4 points for daily living and 8 points for mobility.

There is just so many inconsistencies in my report and its disheartening.

You sound very much like me, I have serious epilepsy cops asthma and a heart condition, for which i was awarded standard daily living and enhanced mobility, I must have been lucky as my assessment was fair and the award better than my DLA award.
Fingers crossed you get what you should 

kelly2021

@woodbine I don't think I am going to get what I want as the assessor hasn't scored me anything for daily living ? 

calcotti

kelly2021 said:

@woodbine I don't think I am going to get what I want as the assessor hasn't scored me anything for daily living ? 

An MR and appeal if necessary may get you what you want. I have seen claimants go from no points on anything to enhanced rate both components at tribunal.

easy

Hi Kelly. Go over the report and write a letter NOW addressed to the decision maker. Point out, one at a time the mistakes you believe they have made. Refer to your evidence that you have submitted to show they are mistaken. Make it a factual letter and ask the decision to take this into account. Limit yourself only to the things that will score you points, not things like spelling etc. Make sure you put your full name and NI number on each page. At the end state this is not fully inclusive, or a request for a mandatory reconsideration, and you reserve your right to do one. Wishing you the best.  Easy.

Sarah198686

chiarieds said:

Hi @kelly2021 - Unfortunately a Mandatory Reconsideration can take several weeks, however you will receive your standard rate of mobility in the meanwhile, you will not have to wait to receive this until after a Mandatory Reconsideration.

I do know what you mean, having applied for PIP myself, & the assessors do use some 'cut & paste' responses that bare no likelihood as to how you are. However, you don't get PIP by highlighting their inaccuracies (it's their opinion, & you couldn't prove they'd lied), but by showing where you should have gained points, & why.

In case you haven't seen this before please look at the following link about the descriptors looked at with PIP, & please do read the notes at the end too. Please see: https://www.cambridgeshire.gov.uk/asset-library/Personal-Independence-Payment-Descriptors-and-Scores-April-2021.pdf

About seizures, whereas normally you need to explain the difficulties you have more than 50% of the time, this isn't necessarily the case.... the more likely it is that a seizure could potentially cause harm, if this is the case, matters more, & points may then also be awarded about the need for supervision (even if you don't have that help).

From the Benefits & Work Guide about PIP:

'If there is a real possibility that a claimant with epilepsy might have a seizure whilst cooking then they reasonably require supervision for this activity, even though the chances of a seizure happening on any specific occasion may be quite small.
They should score points for needing supervision even if they don’t actually have anyone to provide it.
Where a claimant is at risk all the time, then they may also be at risk when carrying out PIP activities that do not carry any additional likelihood of harm.
So, a claimant may not be at any additional risk of harm if they have a seizure when using the toilet or taking medication, for example. But, because they are at risk whatever they are doing, then we would argue that they still reasonably require supervision during these activities, because they cannot do them safely without supervision.'

Hope some of this helps.

poppy123456

I don't understand why someone quotes a comment from a thread which is 9 months old and doesn't leave a comment theirself.

Sarah198686

Actually they don't score you for needing supervision even if you have unpredictable seizures. They will score you less saying that you can use a microwave. You may get scored for needing assistance on a journey due to unpredictable seizures. Washing And bathing you would score supervision. Toilet needs unaided. Eating unaided. Dressing unaided. Speaking, engaging with others no score. Budgeting no score and mobility no score. Medication no score. This is all hypothetical imagining you have no other health issues or problems with mobility and no cognitive impairment. So you wouldn't get anything for daily living but 12 for mobility as you require assistance for familiar journeys. 

poppy123456

Username_removed said:

I suggest you put away your report and read this thread from start to finish.

https://forum.scope.org.uk/discussion/comment/482111#Comment_482111

I would hope that the OP won't need that now because the thread was started in May 2021.

calcotti

The thread is 9 months old - I assume OP's claim has moved on in the interim.