PIP MR response question

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bigkev1980

Hi. First time posting but I’ve been using scope for a while. 

I have a question someone here might be able to help with. 

I applied for pip back in April 2021. The information in these threads has been really helpful (thanks)
to cut a long story short, I had my application refused scoring no points so I asked for a MR. 

I’ve had my final response with no change to the decision. I’m now getting ready to apply to the tribunal service to appeal. 

Like many who have had a health assessments. My report was full of missing information and lies. 

I sent a 32 page letter as part of my MR detailing all the errors and mistakes/lies that the HP had made. 

In my response to the MR request the DWP have mostly ignored this letter. In the  MR response I’m told that “you mentioned there were mistakes in your health assessment report. If you wish to take this matter further you would need to complain to the assessment provider”

I can’t  find any information regarding a claimant needing to challenge a health assessment directly. especially after a MR? I called the DWP to check this but the 2 advisers I spoke to had no idea what I was talking about. 

Has anyone had the same experience ? 

I don’t want to send away my application to the tribunal if I do need to do this first. ? 

thanks in advance for any help. 

bigkev1980

Username_removed said:

You do not need to do a complaint first or at all if you don’t wish to. Entirely your call if you think there’s something specific to complain about snd have the energy to do so. However, a 32 page MR is way over the top and sounds like it was wholly misdirected to just the HCP report. Repeating that for the appeal would be a mistake.

Pare down your argument to which points you qualify for and 2 detailed examples per activity of recent attempts to reliably perform each activity you believe you score on. Concentrate on things that have happened not those which might and understand in particular what reliably means. Explain which bit of reliably applies to you. Whilst you’re doing this do not look at or reference the HCP report. You get PIP through the strength of your evidence not the weaknesses in theirs. 

If all that comes to more than 10-12 pages then you’ve likely written far too much and about the wrong things. Half to 3/4 of a page per activity is more than enough detail.

By all means mention the HCP report but it should be no more than 2 or 3 paragraphs at the outset of your appeal detailing absolutely irrefutable errors at the very most i.e. not differences of opinion; not so-called “lies”. Just very very factual things. Legally you cannot prove a lie. You can only prove that something was inaccurate. It’s critical to remember that a HCP has not done anything wrong if you happen to disagree with their opinion or they have not written down what you said. That’s not their job and emotive terms like “lie” will damage your appeal as it’s a battle you cannot possibly win.

Thanks for your detailed response. I didn’t think I had to complain to the health assessors. 

I’ll take on board your advice regarding the length of the response at the appeal stage.