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Pip Report

Jude62
Jude62 Community member Posts: 23 Connected
edited October 2017 in PIP, DLA, and AA
I have received my assessment report back and the physiotherapist has totatly awarded me no points and said stuff that is incorrect eg I had a small brain seizure of which this was not put in his report. it's too long to list. However I have my letter 10 pages ready to send back for when I get my decision.
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Comments

  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
    Hi @Jude62,

    That must have been incredibly frustrating for you to read, I'm so sorry. Glad to hear you're prepared with your letter, and do keep us updated! 
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    @Jude62 You don't need to wait for your Decision to start the fight back. I would advise you to complain to the assessment company which I did when i got my report even before my decision. You can do this by letter or email. The main purpose being to be able to tell DWP you've done this as you're not happy with the report. You can also ring DWP and ask for a call back from a Decision maker to discuss your claim. As you have no points you have nothing to lose by doing this. It may not change your decision but would give you the opportunity to ask if they have all the evidence they need and if not what other evidence would help your claim. Concentrate on your claim with DWP and the complaint about your assessor with his employers but keeping DWP informed you're not happy will put pressure on DWP to get things right. Otherwise they will just keep taking the assessor's word over and above your's no matter how much you tell them it's wrong. These are only suggestions and it's up to you to decide what to do.
  • Jude62
    Jude62 Community member Posts: 23 Connected
    I will do this who do I talk to first.

  • Jude62
    Jude62 Community member Posts: 23 Connected
    Spoke to the dwp this morning but because no decision made yet I have to wait.
    They putting me onto the case manager
  • Jude62
    Jude62 Community member Posts: 23 Connected
    So hear it is I spoke to the case manager who' s is holding the decision and wants me to send my report in about his report this is further evidence to help my case.
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    @Jude62 well done, the DWP know full well what a mess the assessor's are making of reports but they can't comment, all they can do is try and put it right, but claimants have to act to make this happen otherwise the assessor's will be believed and claims turned down. It's all wrong and shouldn't be happening. Do hope things go better for you from now on..
  • Jude62
    Jude62 Community member Posts: 23 Connected
    yes I see what they are doing but as the saying a PROFESSIONAL HEALTH PERSON well that does not make them the specialist that deals with your complaints he knew nothing about CHARI MALFORMATION OF THE BRAIN
    I asked him what his profession was he said I am a physiotherapist so I replied you are not a specialist then. So hopefully I will my case.
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    @Jude62 I hadn't realized when I first saw your post about what you've achieved that they were holding your 1st Decision till they get your letter that should have been for your MR. This puts you in the driving seat and if you still do not get the award you're entitled to you still have 2 more stages to continue to appeal instead of only one. I have been trying so hard to get this message across to others having problems with the system. The order of what happens is not set in stone, you can continue to contact DWP right up to your Appeal date to get your points increased. I had 2 Mandatory Reconsiderations resulting in reports PA4 for my assessment, PA5 for my 1st MR and most importantly PA6 after that when i continued to ask for my claim to be looked at again. So the fact there is even an official form for a 2nd review after the MR shows this is possible they just don't bother to tell you. The above named forms are sent from the assessment company to DWP each time your claim is reviewed by another Health Care Professional usually when you send in more evidence so keep on fighting, be determined and you will get there in the end.    
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering

    Hi @Jude62

    @Wildlife is quite right in their point that the DWP don't need to hold back your decision in order to look at further evidence. They could be doing this on MR or indeed at any point in the process (including the waiting room of the Tribunal before you go in!).

    Send whatever evidence you have as soon as you can, and ask that they now issue a decision without delay. At present the delay appears reasonable, as they are aware of other relevant evidence, which may result in an award, but don't let it go on too long.

    Once you've posted the evidence, it normally takes around 7-10 days for them to even log it, and then another 7-14 days to look at it, so it will be a least a fortnight, probably more, before they reach a decision, but if it's more than 28 days, I would issue a complaint for unreasonable delay.

    Hope this helps.

    Kind regards,

    Mary

    The Benefits Training Co:

  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering

    Also, and I don't normally like to jump the gun, but just in case(!) the CAB have some quite useful information on challenging PIP decisions if required:-

    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

    The Benefits Training Co:

  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    edited October 2017
    @BenefitsTrainingCo Sorry to disagree but I did not say DWP didn't need to hold back the decision to look at further evidence in this case. From my own experience of PIP, bearing in mind I was successful without having to go to Appeal, I consider it a good thing that a Decision Maker decided to hold back the FIRST decision and allow a 10 page letter to be sent and therefore included in the evidence for the decision and not just use the assessor's report which was clearly flawed. The letter in question was prepared by Jude62 for the MR so to have got an agreement for DWP to use it earlier on leaves more opportunity for continued reviews if the decision still isn't acceptable. Surely it's better to wait a bit longer and NOT rush things at this stage and end up with an award the OP is willing to accept rather than insisting they hurry and it still isn't an acceptable offer. This excellent opportunity to get things right would therefore be wasted. 
       @Jude62 I do agree with @Maria about the timescale for your letter to be received and used but bear in mind that at any time you think it's taking too long or the anxiety of the wait becomes too much you can ring as you did before and speak to a DM to find out what's happening and discuss your claim. 
  • Jude62
    Jude62 Community member Posts: 23 Connected
    Morning all well papers sent with more evidence about my health, at this moment in time since Saturday I have been in severe pain with my back I went to the hospital the specialist touched my back and said my muscles were tight and he said the pain is caused by my Spondylitis hence I have multiple level degenerative disc disease. He also noticed that my head tilted to one side and knew I have Chiari malformation of the Brain. 
    Which the assessment guy never heard of it.
    So let's hope I don't have to sit through an appeal.

    You guys are very helpful xx
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    Hi Jude62,

    Not much more I can add at this stage so good luck and keep us informed!

    Lee
    The Benefits Training Co:

  • Jude62
    Jude62 Community member Posts: 23 Connected
    Afternoon guys just rang up about my decision and now they want more evidence from another assessor now I'm  stressed and wound up. 10 pages of evidence and medical letters and they send the information to another assessor 
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    edited October 2017
    @Jude62 Please don't worry. This is a good sign not anything to get upset about. What they have done is standard practice whenever more medical evidence is sent to DWP they have to send it  back for a different assessor to look at to see if any changes can be made. The "Evidence" you refer to from a different assessor is just their opinion as a "Health Professional" as DWP don't have any medical knowledge. All you need to do is sit tight and wait for the outcome. 
  • kevin888
    kevin888 Community member Posts: 52 Courageous
    Hi I had brain AVM bleed and the so called HP was an occupational therapist?
    What do they know about brain and epilepsy?
    Keep on at them all the way to Tribunal with as much medical evidence you can get. I am waiting for Tribunal now 18 weeks. Don't give up!
  • Jude62
    Jude62 Community member Posts: 23 Connected
    Yes I have a brain disorder and my assessor did not know what it even mean't all his infoatiob was incorrect really stressed about the way they treat us.
  • Jude62
    Jude62 Community member Posts: 23 Connected
    I have just read my appeal letter from 2009 when I was awarded the higher rate for DLA since then my health has got worse and I now have other health issues so how the hell can they go off a report from a physiotherapist who know nothing about my health and all he knows is how to bend arms and legs like a barbie Doll!,
    I sent as much evidence as I could but I am wondering if I should send the other letter in of 2009 so they can see the change in my health. I am full of cold and depressed because of the worry.
  • kevin888
    kevin888 Community member Posts: 52 Courageous
    Sens everything you can, even old info, mine dates back to 2000. Nothing to loose.
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
    I'm so sorry to hear that you're feeling so worried at the moment, @Jude62. Please know that you can always come and talk to the Online Community and we'll do our best to support you whatever way we can, and hopefully achieve the best possible outcome for you.

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