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I received my decision letter today

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Comments

  • chiarieds
    chiarieds Community member Posts: 16,007 Disability Gamechanger
    @YoelD - please know we are all here trying to help & support you, that's why we ask questions in order to find out more. You can ring the DWP (0800 121 4433) to get a copy of your assessor's report, as @laurapeach kindly says, this is a PA4 form.
    An understanding of the 'descriptors'/ activities that Poppy has mentioned may help. Please see: https://www.cambridgeshire.gov.uk/asset-library/Scores-for-PIP-Descriptors-2020.pdf  & read the notes at the end too.   
    The DWP's PIP assessment guide is lengthy, & is just a guide for the Health Care Professionals, not something they have to adhere to.
    Decision letters do come with some standard cut & pasted words that may often seem completely unrelated to yourself, or the problems you have. I've also had the same.

  • greenman
    greenman Community member Posts: 15 Listener
    Im really sorry to hear about your frustration and disapointment.  Ive had a similar experience with the DWP Assessors.  They are absolutely terrible and I really do not understand how they live with themselves.  When i recieved my decision and read their statements I could only cry.  Its absolutely devastating to read denial of your difficulties and medical issues.  
    I spoke to one of the Assessors a while back and was told an absolute lie regarding the PIP Regulations, be careful what advice you might receive from them on the phone.  The Citizens Advise bureau are quite helpful and experienced and it would be worth contacting them about your problems.    

  • YoelD
    YoelD Community member Posts: 15 Listener
    YoelD said:
    I have a copy of the PIP assessment criteria that was sent to me by the DWP (and found out today it is available online anyway.).

    That's not the assessment report. The report is what's written after you've had the assessment. It contains recommendations for the descriptors/activites and justifications for why they recommend that descriptor. There's more detail in there than the decision letter.
    I know, but earlier you mentioned being aware of the descriptors. 
  • YoelD
    YoelD Community member Posts: 15 Listener
    As the issue involves state employees acting dishonestly within a system open to abuse, I feel my MP is the person to go to. 
    And if people have been acting outside of the law, I shall persue legal options as this is a constant issue with the DWP, and has had a detrimental effect on my mental health, leading to previous self-harm. 
  • YoelD
    YoelD Community member Posts: 15 Listener
    Regarding going into detail and using examples (which I did both on the form and during the assessment), even that was used against me by the decision maker:
    "You gave a detailed history of your conditions demonstrating adequate memory and concentration. You were not noted to display any signs of anxiety."
    The last sentence is odd, as it was by telephone (due to COVID-19 lockdown), and I had two panic attacks during the assessment. 
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online community team
    This is a great explanation on assumptions versus evidence, thanks @Username_removed.
    Community Manager
    Scope
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    YoelD said:
    Regarding going into detail and using examples (which I did both on the form and during the assessment), even that was used against me by the decision maker:
    "You gave a detailed history of your conditions demonstrating adequate memory and concentration. You were not noted to display any signs of anxiety."
    The last sentence is odd, as it was by telephone (due to COVID-19 lockdown), and I had two panic attacks during the assessment. 
    Which would have been a copy and paste from the assessment report. Any complaints should be sent to the health assessment providers, not DWP. Details how to do that will be on their website.

    Although my advice would be to concentrate on the MR then Tribunal if it gets that far. If it does go to Tribunal then concentrating on the report can only weaken your case because they won't be interested in any of that.
    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.
  • pinkrose
    pinkrose Community member Posts: 46 Courageous
    edited August 2020
    hi yoeld  , good evening everyone !  been a longtime since i have been on scope.
    yoeld , im so sorry for the experience you have had but the advice you have been given here in this thread is excellent  ! however  i was just wondering do you have a report or letter  from your gp or someone who provides care for you that would clarify your daily living and mobility issues and exactly what causes them ? if not , would they be willing to write one for you ? its definitely worth asking for  as anything from a medical professional to back up the evidence you have provided might go a long way in helping you .
    anyway sorry to have jumped in on this thread but just trying to help . x
    good luck  !!!
  • YoelD
    YoelD Community member Posts: 15 Listener
    YoelD said:
    As the issue involves state employees acting dishonestly within a system open to abuse, I feel my MP is the person to go to. 
    And if people have been acting outside of the law, I shall persue legal options as this is a constant issue with the DWP, and has had a detrimental effect on my mental health, leading to previous self-harm. 
    They are not state employees. The HCP is an employee of a private company. They owe you no legal duty of care, which is a fact rather than an opinion, and your MP holds no sway with a private company unless they sit on their board... in which case they’re even less likely to take your side. Whilst the temptation in anger to flail about looking for legal redress the better approach with a proven record if success is MR and appeal. 

    Additionally, writing a report you disagree with is not an offence of any kind and nor us making a decision with which you disagree. If the latter is erroneous in law then you already have a legal route, which is MR and appeal so no other route is available to you. 
    I'm not "flailing around in anger", but as I say, if someone has acted illegally then I shall persue legal options.
    And of course, a decision maker is an employee of a government department. 
    I recieved a copy of the assessment report today. It doesn't say what the decision maker has claimed. 

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