Hi, my name is martin8966! Is this normal practice?

martin8966

I’m going through the PIP process right now. I had a telephone assessment on 14th October and then received two texts. First said We've received the written report of your PIP assessment. We will write to you once we've made a decision on your PIP. As a guide you should hear from us within 8 weeks. You don't need to contact us unless any of the details you gave us have changed. Thank you. I received this on 1st November. On Tuesday 11th November I received a further text message saying; We have not yet made a decision on your PIP claim. We will write to you when we have made a decision. You only need to contact us if your circumstances change.

is this normal practice?

poppy123456

All those texts are standard texts sent to everyone. Once the report was returned to DWP a decision can tale up to 12 weeks, rather than the 8 weeks you were told. All you can do now is wait.

martin8966

Thank you for your swift response. 

Tori_Scope

Welcome to the community @martin8966 How did you find the assessment?

L_Volunteer

You are welcome @martin8966. It is the very least you deserve.

Please don't hesitate to let us know if we can do anything else to support you. We are all here for you and listening to you 

martin8966

Hi, I wonder if you could help? 

I requested a copy of the assessor’s report. Once received I was astonished to see what the assessor had written. I had requested the telephone interview be tape recorded and obtained a copy of the recording. I referred back to my original PIP application form and listened to the recording. I noted the assessor had ignored my explanation in relation to two key questions and by all accounts had deliberately marked me down in order to either not award me sufficient points or put me in a lesser category, i.e. low rate as opposed to high. 

I subsequently wrote to PIP and complete as follows:

Ref: Assessors Report

re: Personal Independence Payment 

DearSir/Madam, I was interviewed via telephone call on 14th October 2022 by a representative of your appointed assessors, CAPITA. This interview was tape recorded at my request. I was duly provided with a copy of the tape recorded interview. 

On Thursday 3rd November 2022 I received a copy of the assessors report. I subsequently reviewed the report in conjunction with my PIP application form and the taped interview recording. I was extremely concerned about two descriptors, 

A)   Q9 Engaging with other people face to face. 

The assessor scored me at c). I totally disagree with this interpretation. I would ask you review my answer on the application form and listen to what I said on tape. I believe I should have been assessed at d) cannot engage with other people due to such engagement causing me overwhelming psychological distress. 

   Q13 Planning and following Journeys. The assessor scored me at e). “Cannot undertake any journey because it would cause overwhelming unnecessary psychological distress to the claimant”. 

Please read my answer on the claim form.  I respectfully request I be scored at f) I also request you listen to my answer on tape. On my  Claim form I wrote about  getting overwhelmed by psychological distress and explained clearly that I need someone with me on journeys. My GP records will highlight several instances where I was out alone, suffered a severe panic attack and was hospitalised after fainting in public places during these attacks. These episodes occurred on a number of occasions. Whilst I did state during interview that I do not leave the house unless I have to, there are clearly occasions when I do need to undertake journeys. In the last week alone I had to be taken to a hospital appointment and to the GP surgery. 

My consultant Phychiatrist has provided a written report, which fully backs up my answers in so much as I cannot engage with other people due to such engagement causing me overwhelming psychological distress and that I get overwhelmed by psychological distress and need someone with me in order to undertake journeys. 

I would also like to make reference to the below case law, which you will of course be familiar with. I believe I fall within the scope of this case law. 

Judicial Summary

Reported as [2018] AACR 12 the full decision is in [2018] AACR 12ws

Personal Independence Payment – mobility activity 1 – ability to follow the route of a journey without another person – whether a need to be accompanied to avoid overwhelming psychological distress is relevant

The Upper Tribunal had before it three appeals concerning the mobility descriptors of personal independence payment. In the first case, the claimant had been found to be unable to undertake any journey because it would cause overwhelming distress to him (descriptor 1(e)) but appealed on the ground that the overwhelming distress he would suffer if he went out meant that he also could not follow the route of a familiar journey without another person (descriptor 1(f)) 

I fully intend to appeal on these grounds should you find in favour of the assessor. 

Yours sincerely 

Can you offer any advice and have I addressed this correctly? 

poppy123456

martin8966 said:

   Q13 Planning and following Journeys. The assessor scored me at e). “Cannot undertake any journey because it would cause overwhelming unnecessary psychological distress to the claimant”. 

Please read my answer on the claim form.  I respectfully request I be scored at f) I also request you listen to my answer on tape. On my  Claim form I wrote about  getting overwhelmed by psychological distress and explained clearly that I need someone with me on journeys. My GP records will highlight several instances where I was out alone, suffered a severe panic attack and was hospitalised after fainting in public places during these attacks. These episodes occurred on a number of occasions. Whilst I did state during interview that I do not leave the house unless I have to, there are clearly occasions when I do need to undertake journeys. In the last week alone I had to be taken to a hospital appointment and to the GP surgery.

Whether it's possible to score points for 1F will totally depend on how often you're able to go out. If the majority of the days you're unable to go out then 1E will be the correct descriptor.

Those that satisfy 1E can not also satisfy 1F, even if there are occassions why you could follow the route of a familiar journey if occompanied.

Remember that PIP is about how you're affected at leas 50% of the days over a 12 month period. So my question is how often are you able to go out?

martin8966

Hi, I am able to go out 100% of the time, as long as I have someone with me and that person is familiar to me. 

poppy123456

That's not what you said here.

martin8966 said:

Whilst I did state during interview that I do not leave the house unless I have to, there are clearly occasions when I do need to undertake journeys. In the last week alone I had to be taken to a hospital appointment and to the GP surgery.

martin8966

I have listened to the tape recording once again. The assessor only asks if I need someone to accompany me on familiar and unfamiliar journeys. I said I needed somebody with me all of the time, due to overwhelming anxiety. 

martin8966

It’s a big ask, but I think you’d have to hear the recording to appreciate the full extent of what was said. Are you able to listen to the recording and can I se d it to you?

poppy123456

It's not really about what what said and who said what, what matters is how often you're to go out. Unfortunately, i won't be able to listen to your recording because i don't offer any advice through private message, i just don't have the time to do that.

My advice is to get some expert advice from an agency near you. Start here. https://advicelocal.uk/

martin8966

I understand and thank you very much for your kind responses