How much evidence do they need?!?!?!? - Page 2 — Scope | Disability forum
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How much evidence do they need?!?!?!?

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  • skullcap
    skullcap Posts: 169 Courageous
    Two sides of the same coin.
    I have yet to talk to any 'normal' individual that understands the law regarding the make up of these benefits, never mind the vast amount of case law that goes with it. So the first thing a new claimant would do is to look at the notes attached to the claim form and possibly spend countless nights reading the DWP 'advice' and 'guidance' both  for the claimant as well as the assessor. Let's be honest the average person would have an extremely difficult job even preparing a submission for a Tribunal setting out in legal terms why they should get x points.

    We are dealing with people from all works of life that feel that the benefit may well financially help them.

    I agree with Mike that you need this quality knowledge to be able to ask for the points. I am completely deaf and have to wear hearing aids which to be honest don't work that well at all but hey I can hear something sometimes. With that ailment I haven't got a clue what points could be in the offering other than those for simply having to use the two aids and that is all that I put on the claim form and in a potential submission. Being awarded the additional points that I may be entitled to is entirely down to the assessor and the DWP decision maker. I presume that if you don't make a case for these extra points you just don't get them awarded. Being ignorant of them would most likely result in accepting what points are given not knowing that it could be challenged.

    As for 'old' medical reports I could have possibly 'drowned' the DWP in them going back to the late 90's. They are still certainly relevant today but my thinking was that I would be expecting a lot from the DWP to accept that what I was like then is like I am now without up to date independent validation from the GP or Consultant. In fact 9 years ago I had numerous tests for brain damage which resulted in a 6 page report detailing the injury and how it had left me. Putting myself in the shoes of the DWP decision maker would I just accept that report and not question if the contents of it are still relevant? No, I would expect an up to date report identifying 9 years on as to what extent I am still suffering. Hence why none of this was put on the claim form, it would have looked like I was trying to scrape the bottom of the barrel for extra points.

    So unintentional underplaying and the lack of knowledge of the legal position leads most claimants to a point of accepting what they are given 'if they think it is reasonable.
  • anisty
    anisty Community member Posts: 354 Pioneering
    * Just to be clear my son suffers from autism and cognitive difficulties which cause him severe difficulties with speed of processing information, sequencing tasks together and in comprehension which affect practically all areas of functionality.

    So that is not going to remediate and that is perhaps why the reports were accepted. It is possible for him to learn new tasks so functional improvement can occur. 9 yrs ago he could not board a bus alone. Now he has learned to travel one route alone.  Hopefully, in future, he will learn more skills but he is never going to function at the same level as an able person.

    Whoever looked at his application did call his support worker by phone and, on the assessment report, it seems that they had a lengthy conversation and the support worker has been able to give some very recent examples of his struggles.

    Throughout the PA3, though, there are references to the 9 yr old reports so they have definitely taken those into account.

    I was very suprised myself that he was not called for f2f on the basis of that old evidence and phone call but it just goes to show that some applicants can have a smooth ride through the process and i hope that gives people a bit of faith that there are some decent hcps in there somewhere . ..
  • anisty
    anisty Community member Posts: 354 Pioneering
    Btw i dont think it is true that being ignorant of where points are awarded means that they wont be awarded. I ticked the box to say my son had no problem dressing/undressing and even wrote 'no problems' in the information box.

    The hcp has looked at my reply to the showering question and noticed my son doesnt have many showers as he hates the feeling of being undressed (sensory) and also doesnt care if he is smelling unpleasant (autism means he cant understand/care what others think about him)

    And points have been awarded on the dressing question i think on the strength of these sensory issues being highlighted in the old reports. Rather than being awarded no points for showering, the hcp has realised, correctly, that he probably does need help to get clean clothes on.


    And maybe the support worker confirmed an aroma from him :)



  • skullcap
    skullcap Posts: 169 Courageous


    May i ask how you know myself and another member of my family haven't had any problems with benefit claims? It's been quite sometime since i told my story here and certainly not since you joined here....
    You mentioned it in another posting that both of you received awards without the need of a face to face assessment or having to go to a Tribunal.
  • skullcap
    skullcap Posts: 169 Courageous
    anisty said:
    I was very suprised myself that he was not called for f2f on the basis of that old evidence and phone call but it just goes to show that some applicants can have a smooth ride through the process and i hope that gives people a bit of faith that there are some decent hcps in there somewhere . ..
    I think that what swung it for you was that the assessor took it upon themselves to clarify the contents of the report with the support worker.
    Unfortunately they don't normally contact anyone believing that it is for the claimant to produce the level of evidence that is required.

  • poppy123456
    poppy123456 Community member Posts: 53,367 Disability Gamechanger
    skullcap said:

    Unfortunately they don't normally contact anyone believing that it is for the claimant to produce the level of evidence that is required.


    Although this is rare, it has been known for them to contact someone on your list of contacts, especially if a paper based assessment can be done. They contacted my daughter's college the first time (face to face)  and her Pyschologist the 2nd time, which was a paper based assessment.
    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.
  • chiarieds
    chiarieds Community member Posts: 16,007 Disability Gamechanger
    @skullcap - I'm unsure what point you're trying to make. Whilst it would be great if everyone understood case law, 'just in case,' this will likely not occur. However, the vast majority of the info given by Poppy undoubtedly helps an awful lot of people, whilst she is at pains to say that if someone is facing a tribunal then they ought to get local advice.
    An understanding of the PIP 'descriptors' at least is more helpful than going with the instructions included with the initial PIP 'How your disability affects you' booklet. It shows many people how to include information in detail, whilst it may fail some. An understanding of the reliability criteria is also helpful, which many will not have known about. So her advice helps a lot of people filling out their initial (or review) PIP claim or a MR.
    A tribunal is a different matter, & understanding case law would, I'm sure, help someone going through this. However this forum is made up of individuals who give their personal experience hoping to help others. Poppy has an incredible knowledge of the benefit system through her research. What is wrong with that? We're all here trying to help each other.
    I think the whole point that mikehughesesq was trying to make was that people may need to have an understanding of case law, or seek appropriate advice, if facing a tribunal, whilst an understanding of this may also help some individuals in filling out an initial PIP form as the DWP 'guidance' doesn't help everyone.

  • poppy123456
    poppy123456 Community member Posts: 53,367 Disability Gamechanger
    skullcap said:


    May i ask how you know myself and another member of my family haven't had any problems with benefit claims? It's been quite sometime since i told my story here and certainly not since you joined here....
    You mentioned it in another posting that both of you received awards without the need of a face to face assessment or having to go to a Tribunal.
    Ah yes, yadnad....
    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.
  • [Deleted User]
    [Deleted User] Posts: 0 Listener
    The user and all related content has been deleted.
  • skullcap
    skullcap Posts: 169 Courageous


    Although this is rare, it has been known for them to contact someone on your list of contacts, especially if a paper based assessment can be done. They contacted my daughter's college the first time (face to face)  and her Pyschologist the 2nd time, which was a paper based assessment.
    This can only happen if the claimant lists down all of the people that are capable and willing to offer support.
    It's not unusual to find that only a GP is entered who probably is the worst possible person to give an insight into how their patient's life is affected. Some, but not many actually don't bother putting anyone down in the belief that there is no point as the assessor/DWP don't bother contacting anyone as it is.
  • poppy123456
    poppy123456 Community member Posts: 53,367 Disability Gamechanger
    skullcap said:


    Although this is rare, it has been known for them to contact someone on your list of contacts, especially if a paper based assessment can be done. They contacted my daughter's college the first time (face to face)  and her Pyschologist the 2nd time, which was a paper based assessment.
    This can only happen if the claimant lists down all of the people that are capable and willing to offer support.
    It's not unusual to find that only a GP is entered who probably is the worst possible person to give an insight into how their patient's life is affected. Some, but not many actually don't bother putting anyone down in the belief that there is no point as the assessor/DWP don't bother contacting anyone as it is.
    Why are your comments always so negative? Strange that because yadnad and gruber were both exactly the same.
    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.
  • cristobal
    cristobal Community member Posts: 984 Disability Gamechanger
    @Username_removed - agree ...very confusing when people use several user id's...
  • poppy123456
    poppy123456 Community member Posts: 53,367 Disability Gamechanger
    @Username_removed i actually missed that. No idea why people create multiple usernames and why the need for them to do it. Especially as it usually becomes very obvious it's the same person..
    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.
  • Sdag1973
    Sdag1973 Community member Posts: 11 Connected
    Guys. Thank you for your original comments but the rest aren't really of any help to me or my mindset.
  • skullcap
    skullcap Posts: 169 Courageous
    Sorry if you feel that way.
    The Welfare industry is a mix of bad and good experiences.
    As has been said already very few that have a good experience never post on these websites
    Thus what you are seeing is an exaggeration of the truth in that only bad experiences require help and advice.
    I'm not disputing what Poppy does or says is good advice. 
    I'm the victim here with accusations of having multiple ID's 

    My experience of the DWP and the benefit industry and if you want to include it the CAB, is extremely poor. In fact looking back over the past 25 years that I have needed help I have had to struggle to have my voice heard.
    In fact the only time things went like clockwork was when I had one to one advice, help and support from the Local Authority Welfare Rights team.
    So yes to me I have a negative opinion about anything that involves the DWP.
  • Cressida
    Cressida Community member Posts: 1,014 Pioneering
    Can't the mods check our IP addresses?
  • Sdag1973
    Sdag1973 Community member Posts: 11 Connected
    Hello. Its been some time since I posted my original question although it seemed to have been taken off track by some users. So I'm just updating. I sent all my original documents again along with  letter and highlighting where I believe points should have been awarded with my reasons. After a long wait I spoke to one of the nicest ladies ever, a case manager, who seemed to understand my condition and how the surgeries and illness will affect my life. I was originally awarded 2 points overall. I'm pleased to say that I have now been awarded enhanced rate on both sections for 5 years. 

    Never give up. 

  • Lulu_1949
    Lulu_1949 Community member Posts: 236 Pioneering
    @Sdag1973 well done, congratulations , now chill?xx
  • Lou67
    Lou67 Community member Posts: 6,634 Disability Gamechanger
    Aww great news well done for perceiving, so pleased for you ?

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