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PIP assessment report and Decision makers conclusion

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  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
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    @Rosiesmum IAS complied with my Subject Access Request but didn't do it themselves. I had an initial email from what was then ATOS customer services saying they had forwarded the request to DWP as they are the Data Processor. If you don't get your documents after 40 days from your request you can contact ICO who will force IAS to comply under the Data Protection Act. @Will thanks for the news re: the court case. I did indeed suffer a big deterioration in my health ending up with a near breakdown (not quite sure how bad you have to be to say you've had one). I have had an enormous battle to come back from a very dark place but am getting there. This wasn't just caused by PIP but the system brought all my past traumas to the forefront of my mind. Far more consideration needs to be given when it is noted on health records that claimants have a history of severe mental health issues or of course a mental disability. I suppose proving the negative effect was a direct result of seeing my report is a different matter.  
  • Rosiesmum
    Rosiesmum Community member Posts: 75 Connected
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    @wildlife I just got a reply from ATOS saying they have passed the request over to their customer relations team as he can see a complaint has been made. Basically said to get in touch with the DWP as they are the ones holding the info but he'll pass it on to the man dealing with the complaint.

    Do  you think I should get my son to write to the DWP as well or do you reckon it will get passed on to them via ATOS..I'm a bit confused sorry!

    Hope you had a lovely Xmas XX

  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    edited December 2017
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    @Rosiesmum A Subject Access Request has nothing whatever to do with your complaint. It is a completely separate thing. If you worded it correctly using those 3 words then whoever has received your email is the one who's confused not you. If the email is one you can reply to make it clear what you're asking for and say it's nothing to do with the complaint. I've just found a form on the Gov.uk called: Request for Personal Information. This is to request it from DWP. The reason I suggest people send it to ATOS first is because I think they add any data they've got to the pack before sending it to DWP. But as they're messing about it might be better to use this form.  
  • Rosiesmum
    Rosiesmum Community member Posts: 75 Connected
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    Thanks @wildlife I actually used the template letter on the ICO site so they are probably just being awkward.I have the DWP request letter bookmarked just in case I needed it so I think I'll just send it to them as well so I cover all eventualities.

    The twenty days for the ATOS complaint is up on sunday,hoping they at least keep their word on the literature and provide me with the direct number and email of the case manager,in case I have any questions.


  • Broken
    Broken Community member Posts: 43 Courageous
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    Hi, Regarding ESA (work capability?)  I have just spoken with a very nice man from DWP regarding getting a copy of my f2f assessment report. He called it a "Medical report" and has printed it off and put it in the post to me, stating that he was doing it there and then as I was on hold (I should receive this by Saturday/Monday). Apparently it is not yet with the DM and this could take 6-8 weeks. He said there was no "points" recorded on the report just a 7/10 for pain (which was my reply when asked by the nurse what my pain level was on that day). Had it been higher, I would have been bed bound. I also asked him if the nurse had her surname on this report and what her nursing qualification was. (At the assessment she told me she was not allowed to give out her surname).  He replied with her name and that she was a Registered Nurse but that was all the information he had. It would appear that the only contact number is the freephone one 0800 169 0310 as when I tried the number on my letters from them (ESA Basildon. Wolverhampton 0345 6088545) a recorded message stated that calls to this number are no longer available and to phone the 0800 one instead. 
    Hopefully this report will arrive and possibly give me some clue as to what the DM may decide. :-) I will keep you informed of progress in case anything can be of help to others. Thanks again for all your support and help. 

  • JonGarlinge
    JonGarlinge Community member Posts: 10 Listener
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    Other than the point system for PIP does the decision maker take into account any other information/evidence from the consultation report?. The reason I am asking for is I have received a copy of the report PA4, and there are some discrepancies in this report to the actual meeting. Things like I drive daily [I don't leave the house] my car is parked approx 15 meters away from the house, [it's actually park 4 steps from my door lest then 3ft and I was not asked this question] and other discrepancies. According to this report I get 10 points for cares element and 10 points for mobility but I believe my mobility should have been higher. 
    Can anyone help with this query?
    Read more at https://community.scope.org.uk/discussion/43019/pip-query#XipBbqS5WPScLQif.99
  • kah22
    kah22 Community member Posts: 52 Courageous
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    I live in Northern Ireland and.the Dept for Communities (DfC) are responsible for Benefits over here. They will not send out the HP report until they make a decision. I’m confused about what this assors report is, can someone explain

    We have received an award, the DM shows us the points for each descriptor, also he included a one page explanation of why he agreeded or disagreeded with various points.That I understand he is the Decision Maker and this is his views.

    Here is my problem, I’ve searched the letter but find no mention of a HP having carried out an assessment. For and I quote from the letter:

    How I made my decision

    I looked at all the information available to me, including:

    • the “How your disability affects you” form
    • the information provided by the letter from your psychiatrist
    • the information provided by the telephone advice from your psychiatrist

    This told  me the type of help and how much you need…

    It goes on to say that he used this information to basically make the award.  It did not say that they looked at my support lette. The letter was signed by the Manager

    When I read the quoted section above it appeared to me that the Decision Maker actually made the decision with NO INPUT from a HP.  Am I reading this correctly or is that a pretty standard type of reply?  I feel this could be important for in asking for a MR I could see it been very helpful if it went to review 

    Kevin

  • JonGarlinge
    JonGarlinge Community member Posts: 10 Listener
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    Not sure about the process in Ireland. Over here, I completed my application form, provided any evidence and a comprehensive cover letter and sent that in. I [we] then get an appointment to see an assessor who then goes through the whole application you filled out asking you questions essentially filling it out again but in their words, they also makes notes on a visual observation of you from when you arrive to leaving.
    The assessor then passes this report onto the decision maker who is supposed to look at these reports and make a decision based on all of this information.

    Prior to us getting a decision we can, and are allowed, to request a copy of the assessors report 'before" you get a decision, this way you can marry up the information from this with the final decision when it arrives. It also gives you the opportunity check for any inconsistencies with what you were asked/answered to what the assessor wrote down, which apparently seems to be the biggest complaint. 
  • kah22
    kah22 Community member Posts: 52 Courageous
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    Pretty much the same over here, except that the DfC will not send out the assessors report until the decision is made.  From what I’ve read that is against the rules but until someone tests then they carry on.

    My problem is this. Our assessment was paper based and I don’t know what a HP reports looks like and I’m wondering if the DfC has actually skipped the HP section of the assessment and the DfC Decision Maker made the decision himself.  My reason for this assumption is based on the quote below
    I looked at all the information available to me, including:
    • the “How your disability affects you” form
    • the information provided by the letter from your psychiatrist
    • the information provided by the telephone advice from your psychiatrist
    This told  me the type of help and how much you need
    Notice it said: I looked at the information As mentioned above there was about a page of explanation ie I agree with this, I disagree with that and he goes on to say that he used this information to basically make the award.  There was NO mention of a HP in the letter. Hopefully you understand what I’m saying.  If this is the case then it certainly gives room for a MR and it is probably against the regulations and definitely material for a tribunal

    i have of course asked for a copy of the assessors report which will confirm if I’m correct. I’ve also applied for a SAR but want to be forewarned 

    Kevin
  • kel090
    kel090 Community member Posts: 9 Listener
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    Can you anyone tell me how how long it takes to get a decision after receiving the letter saying they have all havey information they need 
  • poppy123456
    poppy123456 Community member Posts: 53,978 Disability Gamechanger
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    kel090 said:
    Can you anyone tell me how how long it takes to get a decision after receiving the letter saying they have all havey information they need 
    There's no time scales to decisions, backlogs is just part of the reason a decision can be delayed. Ring and request a copy of the assessment report to be sent to you, this will give you some idea what the decision is likely to be because they mostly go with the report.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • alisha22
    alisha22 Community member Posts: 320 Pioneering
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    Has anyone had this, I had a letter this morning from the assessment people saying I don't need to attend an assessment for ESA so appointment which was for 30th March next Saturday is cancelled and not to attend. They did mention something about further medical evidence. Not sure whats going on.
  • poppy123456
    poppy123456 Community member Posts: 53,978 Disability Gamechanger
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    alisha22 said:
    Has anyone had this, I had a letter this morning from the assessment people saying I don't need to attend an assessment for ESA so appointment which was for 30th March next Saturday is cancelled and not to attend. They did mention something about further medical evidence. Not sure whats going on.
    Yup, this means they're doing a paper based assessment. You can't be found fit for work without an assessment but you can be placed into either of the groups. Ring DWP end of next week to request a copy of the assessment report, this will tell you what the decision is likely to be because they mostly go with the report.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • alisha22
    alisha22 Community member Posts: 320 Pioneering
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    Oh ok I will. I know pip is different but is it worth letting them know that this has happened. I will also ask pip if they got all eveidence because with esa I had this feeling not all eveidence was sent so I re faxed all eveidence again. Im hoping pip also do a paper Based assessment.
  • poppy123456
    poppy123456 Community member Posts: 53,978 Disability Gamechanger
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    You can certainly ring the assessment providers for the PIP yes but you're right they're completely different benefits with different criteria.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • alisha22
    alisha22 Community member Posts: 320 Pioneering
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    Ok thankyou poppy.
  • EnglishCapricorn
    EnglishCapricorn Community member Posts: 3 Listener
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    Hi @EnglishCapricorn and welcome

    Have you recently had an ESA review ?
    Have you asked for a mandatory reconsideration ?

    Have you had a PIP review ?

    PIP and ESA are separate benefits and one should not impact on the other
    Hi CockneyRebel and thanks, for reply and other people's  replies. 

    I filled both ESA50 and PIP forms out in November last year (both very close to each other) and I was moved from the work related a activity group into the support group due to my DWP ESA50 form and the criteria in it, I presume?  I  was also told my work capaviry asssessment would be six months from the date of their decision: 22/12/19 

    I went to a face to face pip meeting three weeks ago with my daughter and I just recived the result letter. I scored zero points?? Very deceitful person person. :(

    Now I got a letter this morning saying I've been moved from the Support Group to the work related activity group? And and monies reduced also. I'm confused? 

    Thanks for any replies... 

Brightness

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