Assessors Report Received Today - is it worth calling the DM?

Femmelibre

Hi,
Been reading and lurking for a while 
Some background:
I have Chronic Fatigue Syndrome, Fibromyalgia, Acute Hearing Loss, Tinnitus, Vertigo and the "usual" Anxiety/PTSD.

Called for Pip for 17/03/22
Telephone Assessment 07/07/22

Phoned for and received the Assessors report (yes, yes I know it can cause more anxiety and its not the end result) as I had a feeling that my claim would have to go for an MR and I know it will take me a while to format an MR request due to the dreaded Fybro Fog.

The Assessor has recommended 10 points DL and 4 points for Mobility.

She used the stock phrase "can use cutlery so can do xyz" for many of her justifications. The thing is, I don't use regular cutlery, I don't have the strength or motion in my wrists to make a stabbing or cutting movement. My food is cut up for me by my son (which she acknowledges) and I use a combination of a spoon and finger scooping (which I explained during the call). Because she selectively didn't hear this and presumes that I use a knife and fork she uses this to justify lower points on everything from "can dress self" (I can't) to "can use GoogleMaps" (I can't but not because of my wrists) and wash my body.

In the Mobility section she justifies only giving 4 points for moving around by saying that I said that it took me two minutes to walk from my bed to the toilet and I did this three times a day so therefor I can reliably walk between 50-200 metres.  Again this is quite a clear misunderstanding. What I actually said was that my bed was approximately 10 paces (or 3 metres) and on a "Crash" day that was as far as I could walk. On a non-crash day I can probably walk from my bed to the sofa (around 9 metres) with a rest half way and that I wouldn't be able to do this again for several hours. Outside the house I use a mobility scooter for all journeys and she accepts this. 

These two "misunderstandings" have had a significant impact on the possible points I could have scored.

My question to you knowledgeable people is this:

Given that I am obviously going to go for a MR, is it worth trying to get hold of the decision maker to try and clarify these "misunderstandings"? As I said, it could make a considerable difference in the amount of points I could be awarded.

I won't go into the other ludicrous justifications she gave with the DM, I only need to  ask them to accept that the justifications are in error on these two things and I'll be set.

To give you a laugh tho:
I apparently have a chat with the postman, so I don't need support in socially engaging - I actually have a post woman and never speak to her as I wouldn't be able to get downstairs in time to answer a knock at the door.
Listening to current affairs podcasts somehow equals "reads a broadsheet newspaper daily".
I magically have a degree it "IT" - because my previous employment (pre pandemic and pre CFS/Fybro) was on an IT helpdesk - so I can understand complex information.

Oh and she doesn't seem to know the grammatical difference between "don't" and "doesn't"  :-)

Thanks

nasturtium

Hello Femmelibre

"Given that I am obviously going to go for a MR, is it worth trying to get hold of the decision maker to try and clarify these "misunderstandings"? As I said, it could make a considerable difference in the amount of points I could be awarded."

In my opinion if there has been misunderstandings on the assesment report then it would be to your advantage to contact the decision maker now or as soon as possible if you can to correct those problems before a descision is made. You can telephone the DWP and request to talk to a descision maker and explain what the misunderstandings are and that you will put them in writting to the descision maker and request that no decision is made until they have the written corrections then put in detail why the assesment report was incorrect. You can also put in a complaint to the assesment provider on the quality of the assesment report if you found it to be inaccurate.

If this is the wrong thing to do then I am sure someone with much more knowledge on this matter will put me right.

Nasturtium

nasturtium

I forgot to mention if you do send a letter adressed to the decision maker make sure you include your name, date of birth and nationial insurance number on the letter you send and on all seperate sheets of paper. Also make it clear on your letter to the descision maker that you are NOT requesting a mandatory reconsideration and you reserve the right to request a MR after the descision has been made.

Femmelibre

Thank you,

I tried to call yesterday but the phone lines dropped at 5pm after being on hold for over an hour. 
I'll try again on Monday.

Sam

shelleypt

It maybe worth speaking to them 1st. Had similar with sons application moving fm DLA to PIP there was so much missed or written wrong it took my partner 2hrs + to sort it . Thankfully they realise that the report was a load of rubbish & accepted the adjustments. The claim went ahead without needing a MR Make notes b4 hand detailing each error line by line from the report it will make it easier for you both to follow - one other thing for everybody when filling in these forms I may be in trouble for saying this but its worth knowing - you usually find that more often than not you have considerably more bad days than good - if the assessor is given the chance they will concentrate on the good days & ignore the bad they seem to think yes you can make a cup of tea at 10 but by 12 your kn**kered but you still made that cup of tea you don't need support please so think on before you complete the forms 

nasturtium

Hello Shelleypt

Like you said it is a good idea to make notes before you speak to a descision maker.

I would like to add also that you should never just concentrate on your worst days. If your condition varies over the day or over days you must say that your condition varies. You are correct about not talking about "good days" or putting in the words "good days" because that "might" harm your claim but you need to explain when you cannot do a activity according to the descriptors "reliably" for more that 50% of days or the "majority of days"

More info about Reliably https://pipinfo.net/issues/reliably

Also using the words "could", "sometimes" or "maybe" means that your condition varies so it is best to say when your condition is at its worst and when you need assistance or you need to use aids and what time of the day or what days of the week this happens. It means you are being truthful about what you are writting.

Thanks

Nasturtium

Femmelibre

Thanks Guys,

My conditions are fluctuating (well, apart from my knackered ears) and the assessor had a good understanding of that.  She had no clue about Fybro Fog though.

I've written some bullet points of the two main issues I need to DM to be aware of. There is a lot she didn't get right but if I can just get the DM to amend the two main issues (cutlery and walking distance) then that will pop me over the edge to Enhanced DL and Standard Mobility. I think I've a better chance of getting the DM to listen to two issues rather than a whole list of things.

I shall let you know how it goes.

Lawny

Good Luck, hope you get further with it. Your assessment sounds a bit like mine. She even put in a medication that I am not prescribed and said because I choose not to take it regularly then I must be ok. Don’t know how I am supposed to take a medication that I have not been prescribed. 

Femmelibre

Just got off the phone and I've been told that I cannot speak to a decision maker as my case hasn't been allocated yet.
Spoke to the Call Centre persons manager and he has updated the information.
The good news is that they actually requested a GP report and my GP confirms my issues.
This should change the points for Activities 1-6 and boost me up to 10 points in the Moving Around.

FYI the Manager tried to tell me that they NEVER send out Assessors reports. Which we all know is a big fat fib!

Decision in 5-6 weeks apparently.

poppy123456

Before the decision is made the decision maker is supposed to look at all evidence, including the report before making a decision. Though they mostly go with the report, it has been known for them to go against it.

Decision timescales are up to 12 weeks, rather than the 6 weeks you were told.

Femmelibre

poppy123456 said:

Decision timescales are up to 12 weeks, rather than the 6 weeks you were told.

Aware of that, thanks, its been with the decision team for about ten days now, the man on the phone said about another 5-6 weeks but I'm not holding my breath 

nasturtium

If it was me I would try again tommorrow and speak to someone different and you might get a different response. It is clear that the person you where talking to was not giving you the right info so I would not be inclined to trust what they where saying. That is what I would do anyway.

calcotti

nasturtium said:

If it was me I would try again tommorrow and speak to someone different and you might get a different response.

The idea that OP cannot speak to a DM because it hasn't been allocated yet sounds plausible. If OP has now had their concerns noted I don't think there is anything more they can do at the moment.

Femmelibre

calcotti said:

nasturtium said:

If it was me I would try again tommorrow and speak to someone different and you might get a different response.

If OP has now had their concerns noted I don't think there is anything more they can do at the moment.

Yes, I'm quite happy to wait for the decision letter now.  If the DM doesn't take on board the "miscommunications" with the Assessor that I've had noted, I'll happily go for a MR.  
Nothing I can do about it now but wait.... and melt like the Wicked Witch of the West in this heat!

L_Volunteer

Have you received the decision letter yet @Femmelibre. Please feel free to keep us in the loop with how things go for you.

We are here to support you in the meantime. Please don't hesitate to let us know if we can do anything else to help 

Femmelibre

L_Volunteer said:

Have you received the decision letter yet @Femmelibre. Please feel free to keep us in the loop with how things go for you.

We are here to support you in the meantime. Please don't hesitate to let us know if we can do anything else to help 

Nope, still waiting. 23 weeks and counting.
I followed up the phone call with a letter which I added onto my claim electronically. 

Getting slightly annoyed as two friends who live locally (and have similar health needs to myself) both put their forms in 6 weeks after me and had their assessments after me (one had the same assessor) already had their decisions.  Both positive decisions luckily. I'm just getting cheesed off that while we all live in the same area my decision maker seems to be on a go-slower.

In better news, I tried an Over 50's Aquasize class, got permission to take my scooter to poolside, advised the instructor of my limitations and took things at my own (very slow) pace. I managed most of the class!!! I'll "pay" for it tomorrow, energy/muscle wise but it felt so good to be able to do something healthy for me. Was a bit embarrassing at first that all the octogenarians were double timing and I was plodding along but hey, I'm still learning  my limitations with CFS/Fibro so I didn't want to push too far, be in agony and have that put me off.

I really enjoyed it, the swimming centre was very disability friendly and accessible and I've booked to go next week. 

Thanks for asking.

poppy123456

Backlogs are just part of the reason a decision can be delayed. It doesn’t mean the same decision maker will look at your claim. It could be with a completely different decision maker. 

Femmelibre

poppy123456 said:

Backlogs are just part of the reason a decision can be delayed. It doesn’t mean the same decision maker will look at your claim. It could be with a completely different decision maker. 

Yep, I understand that, that why I said "my decision maker seems to be on a go-slower".  It's just annoying, like that last month of pregnancy when everyone else in the NCT class has had their baby but you  

Femmelibre

So..... I called PIP this morning to see if a decision had been made and found out something interesting.

Got through to a lovely call centre lady who told me that the DM department send out a memo each week updating timescales for their area. 

Apparently my area is currently working on a four week timescale and because I've waited 6 weeks she said she'd transfer me to a decision maker to speak to.  Strange but ok.

Spoke to the DM's Manager (???) who said she could see my case had sat in a pile unactioned and would make sure a decision was made today or tomorrow and would give me a call back to confirm it had been done and the outcome. I made sure to mention that I had added additional information via electronic letter and she said she could see this. 

She was very helpful - I got the vibe that my case had been sat in a pile of someone who was on holiday/off sick. 

Waiting for the phone to ring over the next few days..... fingers crossed.

Femmelibre

DM manager called me back within 10 mins - awarded Standard Daily Living but not Mobility. She went with the Assessors report and advised me that I could submit a MR when I got the letter. Back payment due next week.

Alex_Alumni

How do you feel about this award @Femmelibre?

I hope you're finding the community a helpful and friendly place to spend time.

As always, let us know if you need anything.

Alex