Advice on Tribunal documents

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Zoey92
Zoey92 Online Community Member Posts: 21 Listener
edited July 2022 in PIP, DLA, ADP and AA
Hi, 

I have posted here previously. Just after advice on the tribunal.

So I received the documents dwp have sent to tribunal (still awaiting a date) they've attached everything including the full report from my first assessment which i never read before. I only received the point score and little reason for decision paragraph.

As I asked for a mandatory reconsideration, am I able to point out incorrect things in this first assessment for reasons why im also appealing? Such as things I didn't say and things that weren't actually asked? 
One example is i was asked if I drove I said yes but mainly to and from work. The assessor has put I don't drive.

I don't know if because I had a Mandatory reconsideration they'll say that is now irrelevant as i had the MR which scored me 3 extra points.

I'm trying to prepare myself in advance and have everything ready before the date comes so I don't stress about it. 

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    They don’t send the assessment report out unless you specifically ask for it.
    What you need to do is forget about the things that were said in the report because that is not going to get you a PIP award. The Tribunal already know the flaws in the assessment reports they don’t need a claimant to point them out. 
    During the assessment it’s not their job to write down what you said verbatim. What they do is gather more information to support your claim and the report is then written based on their opinion of everything.
    What you need to do now is concentrate on the weaknesses in your evidence. 
    If you haven’t already given a couple of real world incidents of exactly what happened the last time you attempted that activity for each descriptor that applies to you then you need to do that. Detailed information should include where you were, what exactly happened, did anyone see it and what the consequences were. Do also bear in mind that they will only take into consideration how your conditions were like at the time the assessment took place.
  • Zoey92
    Zoey92 Online Community Member Posts: 21 Listener
    They don’t send the assessment report out unless you specifically ask for it.
    What you need to do is forget about the things that were said in the report because that is not going to get you a PIP award. The Tribunal already know the flaws in the assessment reports they don’t need a claimant to point them out. 
    During the assessment it’s not their job to write down what you said verbatim. What they do is gather more information to support your claim and the report is then written based on their opinion of everything.
    What you need to do now is concentrate on the weaknesses in your evidence. 
    If you haven’t already given a couple of real world incidents of exactly what happened the last time you attempted that activity for each descriptor that applies to you then you need to do that. Detailed information should include where you were, what exactly happened, did anyone see it and what the consequences were. Do also bear in mind that they will only take into consideration how your conditions were like at the time the assessment took place.
    Thats helpful. Thank you so much. I did explain a scenario of what happened in the assessment and why I now require assistance but that wasn't mentioned anywhere. Is it worth mentioning "I did state then but its nowhere to be written in the report but I will tell you what happened"  etc? Or maybe just focus on what you just said? 
  • Zoey92
    Zoey92 Online Community Member Posts: 21 Listener
    They don’t send the assessment report out unless you specifically ask for it.
    What you need to do is forget about the things that were said in the report because that is not going to get you a PIP award. The Tribunal already know the flaws in the assessment reports they don’t need a claimant to point them out. 
    During the assessment it’s not their job to write down what you said verbatim. What they do is gather more information to support your claim and the report is then written based on their opinion of everything.
    What you need to do now is concentrate on the weaknesses in your evidence. 
    If you haven’t already given a couple of real world incidents of exactly what happened the last time you attempted that activity for each descriptor that applies to you then you need to do that. Detailed information should include where you were, what exactly happened, did anyone see it and what the consequences were. Do also bear in mind that they will only take into consideration how your conditions were like at the time the assessment took place.
    Thats helpful. Thank you so much. I did explain a scenario of what happened in the assessment and why I now require assistance but that wasn't mentioned anywhere. Is it worth mentioning "I did state then but its nowhere to be written in the report but I will tell you what happened"  etc? Or maybe just focus on 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    You should forget about what happened during the assessment because that's in the past now. Concentrate on those real world examples.