PIP rejected but assessor may have misunderstood

drewlocke
drewlocke Online Community Member Posts: 9 Listener
edited September 2022 in PIP, DLA, ADP & AA
Hi, I need some advice. I applied for PIP and have been rejected with only 2 points for daily living. I think the assessor may have misunderstood me. I am unable to move my upper left arm freely like my right arm. This makes it hard for me to put on clothes so I get someone to help me. I got 0 points for this. I am very sure I explained this to the assessor but I've still received no points. I have not received the report they sent to DWP. Does anyone have any advice on what to do and how to argue this in my MR request?

Thanks, 

Drew

Comments

  • drewlocke
    drewlocke Online Community Member Posts: 9 Listener
    The 2 points I got were for 'Preparing food'.
  • Siwheels73
    Siwheels73 Scope Member Posts: 752 Pioneering
    Welcome! Sadly this happens time and time again where people put a very good point of view of their abilities, but then the assessor seems to "misunderstand" what is clearly being said to them. It is very frustrating that you have to go through an MR, and possibly the rest of the process for what should have given you more points.
  • drewlocke
    drewlocke Online Community Member Posts: 9 Listener
    Really appreciate your replies. Nice to feel I'm not alone and that there are people who can help!

    I didn't tell the assessor about another medical condition that prevents me doing things like walking. Would this MR be a good opportunity to mention this?
  • drewlocke
    drewlocke Online Community Member Posts: 9 Listener
    *like walking without having to take breaks
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    Please be aware that PIP isn't about a diagnosis, what matters is how your conditions affect you against the 12 PIP activities.
    For the MR request you should put this is writing stating where and why you think you should have scored those points. Include a couple of real world incidents of exactly what happened the last time you attempted each descriptor that applies to you. Adding detailed information such as where you were, what exacetly happened, did anyone see it and what the consequences were. You should aim for at least half an A4 side of paper per descriptor that applies.
    For the MR they will only take into consideration what your condition was like at the time the assessment took place. If you mentioned your difficulty with walking in the form you filled in then yes you can give more details. If you didn't then they won't consider this.
    The most likely outcome of the MR will be the decision remains the same because only 27% of decisions change at this stage.
    You may also want to get some expert advice from an agency near you so you can check it's possible to score the points needed for an award. Start here. https://advicelocal.uk/


  • drewlocke
    drewlocke Online Community Member Posts: 9 Listener
    @poppy123456 if my MR is rejected and my tribunal fails, what are my options after that?

    If my tribunal fails, can I apply again and how long after am I allowed to apply again with details of a new condition (my problems with walking)?
  • calcotti
    calcotti Online Community Member Posts: 10,000 Championing
    You can reapply again at any time.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    Was there any reason you didn't include your problems with mobility on your form? You should always tell them about all your conditions and how they affect you.
  • drewlocke
    drewlocke Online Community Member Posts: 9 Listener
    If I'm being honest, it's because I'm so used to coping with it that I don't think about it much until it gets bad enough to remind me. It was only when I discussed my rejection with family that I remembered that it has an impacted on my ability move about normally. 
  • calcotti
    calcotti Online Community Member Posts: 10,000 Championing
    drewlocke said:
    If I'm being honest, it's because I'm so used to coping with it that I don't think about it much until it gets bad enough to remind me. 
    That’s not an uncommon problem. It’s always a help to have someone else who knows you when completing the form.
  • drewlocke
    drewlocke Online Community Member Posts: 9 Listener
    I'm going to submit MR tomorrow morning and had one question about a false 'observation' that the assessor claims they saw at assessment. Do I challenge this in my MR? And if so, how would you suggest I handle/write it? 

    I have problems with moving one of arms and the assessor claims she witnessed me use both arms when 'operating' my phone and 'gripping documents'. Neither are true!! 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    That’s your word against theirs and really can’t be proved. Better to concentrate on where and why you think you should have scored those points.
  • drewlocke
    drewlocke Online Community Member Posts: 9 Listener
    Good advice, but stuns me how they can completely lie and get away with it!
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,921 Championing
    That does sound really frustrating, indeed @drewlocke. Would you like to talk to us further about how you are feeling at the moment?

    We are all here for you and listening to you. Please don't hesitate to let us know if we can do anything to support you  :)
  • drewlocke
    drewlocke Online Community Member Posts: 9 Listener
    edited October 2022
    So I've just received a decision on the MR I sent off earlier this month and it's unchanged, i.e. no award!

    I wanted to find out how I set out making an appeal to a tribunal. Does it cost to have a tribunal look at my MR decision? Will you have to attend court and what if my disability isn't as bad as other days on the day of the hearing?

    Also, up to now I haven't submitted any medical documents or supporting letters from my GP/physiotherapist, do you think this will help? I don't get to see my physiotherapist often (and always a different one with each appointment), only every two months, so it may be difficult to get them to provide me a letter within a month (my next appointment is in December). If it is sensible to provide medical evidence, what detail should I ask my GP/physiotherapist to provide, e.g. how it affects my daily activities? I am also embarrassed to ask my GP/physiotherapist for a letter because of what they'll think, e.g. that I'm scrounging off the state. Any advice on how to approach my GP/physiotherapist about this? Would sending copies of X-rays help? Does anyone even know if you can get copies of X-rays off the NHS and if this will cost me?

    Many thanks!

    Drew


  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    It's not surprising that the MR decision didn't change because most don't. It doesn't cost anything to take a benefit decision to a Tribunal. You should remember that it's not a court and you're not on trial. Some hearings are held in a court building but it's totally different to a court.
    You can start the process here https://www.gov.uk/appeal-benefit-decision/submit-appeal you don't need to send more evidence at the moment, you just need to put a brief reason why you disagree with the decision. The rest can be sent at a later date.
    PIP is about how you are for at least 50% of the time over a 12 month period so if you're not feeling as bad on the day of the hearing then that's fine. It's always better to either appear in person or have a phone/video hearing. Paper based hearings only have between 5-8% success rate.
    In my opinion Xrays results are not helpful because it doesn't tell them anything about how your conditions affect you.
    If you haven't already done this then you should Include a couple of real world incidents of exactly what happened the last time you attempted each activity that applies to you. Adding detailed information such as where you were, what exacetly happened, did anyone see it and what the consequences were. You should aim for at least half an A4 side of paper per descriptor that applies. This can be done at a later date.
    You can also get some expert advice from an agency near you and if you can get representation, even better. Start here. https://advicelocal.uk/




  • Ollyoyster
    Ollyoyster Online Community Member Posts: 379 Empowering
    Hi I'm going thru similar I've just got a copy of hp phone assessment, I missed out by 2 points, which is wrong. Also she said I can walk 50 200 mtrs, I can't,, waiting for non award letter to flop next week. Feel so crushed. Don't know what to do. I feel like my assessment was understood correctly as I was upset, I have flashbacks and she made me talk about them ,, x
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    Ollyoyster said:
    Hi I'm going thru similar I've just got a copy of hp phone assessment, I missed out by 2 points, which is wrong.
    The decision hasn't been made yet so you haven't missed out by 2 points. The assessor can't award points, they only make recommendations. It has been known for them to go against the report.

  • Ollyoyster
    Ollyoyster Online Community Member Posts: 379 Empowering
    Poppy I do hope you are right!!  Thank you for reply x
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,921 Championing
    You are welcome @Ollyoyster. Our replies are the very least you deserve.

    Please don't hesitate to let us know if we can do anything else to help. We are all here for you and listening to you  :)

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