Disgusted with PIP DeCISION

Lee74
Lee74 Online Community Member Posts: 2 Listener
edited February 2022 in PIP, DLA, ADP and AA
Hi everyone i have joined the community not as someone who suffers with any disability myself hidden or viasble. But as someone who lives with my Partner who suffers with IIH . SHE Suffers with it at quit a high level for example her pressures are 40+ and her neurologist told us that this is classed as extreme normal IIH suffers are normally in the mid to high 20's. Anyway we applied for pip for her almost 4 months ago now and 2 weeks ago had our telephone assessment. i was with my partner during this and in fact answered most of the questions with the lady on the phone as my partner gets very flustered confused and just blanked out sometimes not know how to answer some questions. I felt like alot of the questions are trick question there to catch u out and give them a reason to not award certain aspects of the assessment. things like can she cook a meal .. i explained fully  yes she can cook a meal but only on good days which are only maybe 2-3 times a week at the most  90% of the time no she cant i do all the food preparation and cooking. that's just 1 example im sure many of you understand what i mean. i was asked can she manage her medication the answer to that was simply no not at all i manage that for her she cant read the small lables she can forget if she has taken her meds or not so no she can not and i manage that for her. Anyway today the letter came with Her Award i was horrified to see that the lady had given my partner 0 yes 0  on absolutely every area of the assessment and her write up on the report was a total made up story about how my partner answered all the questions herself and was fully aware and clear . how she can manage her own medication how she can do daily tasks by herself completely . It was an Absolut complete and utter lie the lot of it . i have obviously phoned them immediately and gone through the process of starting the reconsideration process and i made it very clear that the assessment was a total lie and nothing we had said was taken into consideration on that report and that i will be going to a full tribunal if needs be . i feel though that we may need some help or advise on how to push for her award if we need to go that far hence why i have found this community and made this post. 

Thankyou
Lee

Comments

  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    You should review the written evidence you have already submitted and make sure you have included examples of what happens if she attempts the activities. Emphasise, as you have in your post, what happens on the majority of days.
    Guidance in this thread
    https://forum.scope.org.uk/discussion/56365/pip-form-filling#latest
  • Lee74
    Lee74 Online Community Member Posts: 2 Listener
    edited February 2022
    Hi Calcotti .  Yes it was made very clear in the written evidence that she can only do certain things 2-3 time's a week but most of the time at least 4-5 days of the week she is in capable of normal day to day tasks due to dizziness sickness migraines loss or blurred vison this was all made very clear in Both the form we originally sent and on the telephone assessment. i feel the decision has basically been made by the lady who did our telephone assessment and her report is a total lie and does not reflect anything whatsoever we told her on the phone in fact she has painted a picture that my partner is perfectly normal and can do all daily tasks all of the time .

  • MarkM88
    MarkM88 Online Community Member Posts: 3,119 Connected
    Did you give 2 real world examples of what happened the last time each activity that applies in the descriptors was attempted? 

    When I say examples, I don’t mean just stating it can’t be done but going into a lot of detail. 

    Remember also the healthcare professional is not there to write what you say they are their to form their own opinion. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Lee74 said:
     things like can she cook a meal .. i explained fully  yes she can cook a meal but only on good days which are only maybe 2-3 times a week at the most  90% of the time no she cant i do all the food preparation and cooking.

    This ^ the moment you said "yes she can" that really was all that would have been needed because they will take that as face value. What you need to do is explain why she can't do that activity and exactly what happened the last time she attempted this.
    Same as the medication, why do you need to remind her to take this. When giving those real world examples you need to include information such as what exactly happened, did anyone see it, where did it happen and what the consequences were.
    What other activities do you think she should score points in and why? There's another 8 for the daily living part.
  • wilko
    wilko Online Community Member Posts: 2,438 Championing
    Poppy, has hit the nail on the head, just by saying yes I can is taken as no problems are present, I cope or manage is another meaningful saying I am ok thanks, giving real live examples of what does or has happened each and every time the claimant try’s or attempt’s the descriptors is the best way to get the information about your inabilities reported correctly.  So prepare your Mandatory Reconsideration after requesting it giving more details of what happens each and every time a descriptor is attempted or tried.
  • Lee74
    Lee74 Online Community Member Posts: 2 Listener
    No trick questions in a PIP assessment. They have a vast amount of information to gather in a short period of time and will ask pretty clever questions which cover multiple activities. In your case they didn’t even do that. Important to remember that a HCP is not there to write what you say verbatim or to simply agree with you. They’re there to form their own opinion. You can’t legally prove a person lied. You can only demonstrate inaccuracies but disagreeing with your view is neither telling a lie nor automatically inaccurate. 

    Being blunt, this sounds like you went in largely unprepared. There are 12 PIP activities. What is the “trick” in a question about cooking a meal when activity 1 is explicitly about preparing food? Is there a “trick” in asking about medication when that’s explicitly activity 2? Were you aware that the test is or can be one not of whether an activity can be done but whether it can be done reliably? Thus yes means “yes, reliably”. 

    Equally matters will not have been helped by you answering. If you want a HCP to understand the complexity of the issues you let them see or hear them. Let her try and answer. Let her get flustered. Let the HCP see. The world won’t end if someone struggles with a question. By stepping in you made it far harder for the HCP not easier. They have to try and hear your wife; hear your answer; figure out whether she agrees with what you’re saying or is actually quite uncomfortable or embarrassed. 

    I’m not hearing that your PIP 2 did contain 2 or 3 examples of incidents per activity which goes a long way to explaining subsequent issues. I’m also reading that you appear to have explicitly conceded that in any given time period she can perform the activities reliably more than 50% of the time. In what sense do you think that made the case for any points? 
    Thanks for a in-depth response and i will take everything you have said onboard . but just 1 note where did i say she can perform tasks at least 50% of the time ??  . i said she can perform certain tasks maybe 2 or 3 times a week in total  90 % of the time she cant .. But that aside i take on board the fact i acknowledged she can perform these tasks even if it was once a week on a good day that the accessor takes that as she can do it and full stop.
  • ChrisH90
    ChrisH90 Online Community Member Posts: 124 Contributor
    Lee74 said:
    Hi everyone i have joined the community not as someone who suffers with any disability myself hidden or viasble. But as someone who lives with my Partner who suffers with IIH . SHE Suffers with it at quit a high level for example her pressures are 40+ and her neurologist told us that this is classed as extreme normal IIH suffers are normally in the mid to high 20's. Anyway we applied for pip for her almost 4 months ago now and 2 weeks ago had our telephone assessment. i was with my partner during this and in fact answered most of the questions with the lady on the phone as my partner gets very flustered confused and just blanked out sometimes not know how to answer some questions. I felt like alot of the questions are trick question there to catch u out and give them a reason to not award certain aspects of the assessment. things like can she cook a meal .. i explained fully  yes she can cook a meal but only on good days which are only maybe 2-3 times a week at the most  90% of the time no she cant i do all the food preparation and cooking. that's just 1 example im sure many of you understand what i mean. i was asked can she manage her medication the answer to that was simply no not at all i manage that for her she cant read the small lables she can forget if she has taken her meds or not so no she can not and i manage that for her. Anyway today the letter came with Her Award i was horrified to see that the lady had given my partner 0 yes 0  on absolutely every area of the assessment and her write up on the report was a total made up story about how my partner answered all the questions herself and was fully aware and clear . how she can manage her own medication how she can do daily tasks by herself completely . It was an Absolut complete and utter lie the lot of it . i have obviously phoned them immediately and gone through the process of starting the reconsideration process and i made it very clear that the assessment was a total lie and nothing we had said was taken into consideration on that report and that i will be going to a full tribunal if needs be . i feel though that we may need some help or advise on how to push for her award if we need to go that far hence why i have found this community and made this post. 

    Thankyou
    Lee
    This is what happened to me, I had a telephone assessment.. I didn't answer most of the questions as I do not understand complex verbal information, My mother answered them, This was not written in the report, I sent in a Mandatory Reconsideration in, In December, Still awaiting a letter.