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Hp report a SHOCKER!!!

  • Cathrine Rawlinson
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8 years 2 months ago - 8 years 2 months ago #151985 by Cathrine Rawlinson
Hp report a SHOCKER!!! was created by Cathrine Rawlinson
I was in receipt of DLA with medium care and full mobility components which allowed me to have a motobility car lease. I have recently taken part in a PIP assessment and just received the decision that I was dreading. I only wish I had known about this website first!!! I have the standard care component - fair enough, but I've been downgraded to the standard mobility and am losing the car and my only means of independence. I have since done a little research and realised that I completely misunderstood one of the questions in sect 1 of the mobility part referring to "planning and following journeys". I thought the question related to simply following a map and therefore answered that I needed no help with this but have since realised that according to Judge Agnew (2015), this is probably not the case. I have unstable knees due to the injuries I sustained in an accident that make them give way without warning and am in constant pain with every step or just weight bearing. I'm frightened of falling which I have done on numerous occasions. I don't go anywhere unfamiliar without someone with me because I'm anxious about the terrain and facilities when I get there and I can't get up on my own if I fall, etc. I think I should have ticked the box relating to "can't go to somewhere unfamiliar without someone with me due to anxiety and distress". I've already phoned to say that I will be appealing but would like to ask how do I put this point/mistake across in the appeal submission. I've already phoned the DWP to make them aware I'm appealing and on the mobility section but have declined their invitation to do a phone assessment. I gave no other details. Any advice would be appreciated.
Last edit: 8 years 2 months ago by slugsta.

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8 years 2 months ago - 8 years 2 months ago #152008 by slugsta
Replied by slugsta on topic Hp report a SHOCKER!!!
Hi C and welcome to the forum. As you are also new to the site this link should help you find your way around.

Welcome to Benefits and Work

I don't know whether you are aware that your full name is visible on the forum? Many people prefer to use and alias in order to maintain a degree of anonymity. If you wish to change your username you can do so easily by following the advice in this FAQ.

My full name is showing, how can I stop it?

Your next step now is to request a Mandatory Reconsideration, if you have not already done so. Don't get your hopes up too much as this process rarely results in a change of decision but it is a step you must go through before you can appeal. Our PIP guide will talk you through the process.

PIP help for claimants

It will be helpful for you to request a copy of the assessment report, then you will know what inaccuracies and false assumptions have been made. However, as you only have 1 month from the date of the decision letter in which to get the MR request submitted, you should not wait for the assessment report if it has not arrived in time.

The descriptor that you are talking about deals with people who are suffering from mental illness or sensory impairment (blindness, for instance) , I think it unlikely that you would score points for this - but there is certainly no harm in trying!

If you have further questions regarding your PIP claim, please reply to this message and we will do our best to answer. It does help us - and you - if everything relating to thos subject is kept in one place. YOu will find it easily in future if you bookmark/favourite it on your web browser now.

Thank you in anticipation of your co-operation in this matter :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 months ago by slugsta.
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8 years 2 months ago #152009 by Gordon
Replied by Gordon on topic Hp report a SHOCKER!!!
C

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


The PIP Going Out activity looks at the issues that a claimant would have in planning and then following a route due to any cognitive, mental health or sensory issues that they might have. I think it unlikely that you will score points where the underlying cause of your anxiety is a physical problem.

Judge Agnew's Decision does not seek to change the underlying conditions that this activity considers, their argument is that the word "follow" is not limited to issues of navigation as the DWP suggest but rather it covers the full process of leaving the home and executing the route to arrive at the destination. In counter to this a third Judge has ruled that the DWP view is correct making it now two Decisions for the DWP view and one against.

You also need to be aware that whilst you can ask the DWP to only review the Mobility component they are entitled to extend it to the Daily Living component as well and almost always do, so you may be risking your current award by proceeding.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Cathrine Rawlinson

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  • Cathrine Rawlinson
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8 years 1 month ago - 8 years 1 month ago #154529 by Cathrine Rawlinson
Replied by Cathrine Rawlinson on topic Hp report a SHOCKER!!!
I've eventually received my hp report after 3 attempts and threats of complaint to find that it is just FULL of mistakes and untruths. I'm so glad I found this site as I probably wouldn't have had the nouse to request it in the first place. The list of inaccuracies and, to put no finer point on it, LIES is endless so I'll try to be brief. Apparently, there was a full physical exam of all my limbs and joints with measurements of degrees of movement. This NEVER TOOK PLACE. In fact, it's obvious to me that the hp has used a 'template' instead of properly recording this non-existent exam. They've got all my meds wrong, they've mixed up symptoms of my various problems. There's missing information that was discussed and mention made of boxes I ticked in initial application that I didn't. I've had the mandatory reconsideration and it shows info discussed at length at atos assessment that's NOT written in the hp report. Are there 2 reports? All-in-all, the hp report paints a picture of a much, much less disabled person than I am. My only consolidation is that I took my mother/carer with me so she is a witness to what did or didn't happen. I've already lodged an appeal with the help of the great guides on this site and will keep you posted on the case and outcome.

I will urge everyone to request a copy of their hp report - it could very well be vital and eye opening.
Last edit: 8 years 1 month ago by .

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8 years 1 month ago - 8 years 1 month ago #154534 by
Replied by on topic Hp report a SHOCKER!!!

cate63 wrote: I've eventually received my hp report after 3 attempts and threats of complaint to find that it is just FULL of mistakes and untruths. I'm so glad I found this site as I probably wouldn't have had the nouse to request it in the first place. The list of inaccuracies and, to put no finer point on it, LIES is endless so I'll try to be brief. Apparently, there was a full physical exam of all my limbs and joints with measurements of degrees of movement. This NEVER TOOK PLACE. In fact, it's obvious to me that the hp has used a 'template' instead of properly recording this non-existent exam. They've got all my meds wrong, they've mixed up symptoms of my various problems. There's missing information that was discussed and mention made of boxes I ticked in initial application that I didn't. I've had the mandatory reconsideration and it shows info discussed at length at atos assessment that's NOT written in the hp report. Are there 2 reports? All-in-all, the hp report paints a picture of a much, much less disabled person than I am. My only consolidation is that I took my mother/carer with me so she is a witness to what did or didn't happen. I've already lodged an appeal with the help of the great guides on this site and will keep you posted on the case and outcome.

I will urge everyone to request a copy of their hp report - it could very well be vital and eye opening.


Hi c83,

I will merge this topic with your other PIP related topic for continuity.

Please keep all other PIP related queries to this topic.

I am afraid that this is not at all unusual, and many members have reported similar "inaccuracies" in the PIP Medical Reports.

As a separate issue to requesting an MR of the adverse PIP decision, you could also make a complaint to ATOS : Complain to ATOS

You could also complain to your M.P. : Contacting your MP especially as PIP has been in the news this week. The more M.P.'s that are made aware of the many failures in the PIP Assessment process, the better.

There is a guide entitled "Best possible ways to challenge a PIP medical report Updated16 November 2015" on : This Page

Have a read through the following generic PIP MR/Appeals advice also :

You have one month from the date of the PIP Decision Notice letter to make a written request for a Mandatory Reconsideration (MR) of the PIP decision.

As you have The PA4, you can then pose any counter arguments to the PIP Assessors recommendations.

e.g. If they are stating that you can carry out a particular PIP Activity, has it been taken into account that to be classed as being able to carry out a PIP Activity, you must be able to do so Reliably and Safely for The Majority of Days

If the Assessor has stated that they witnessed you Walking a set distance have they taken into account the above, the time it took you to do so, and any pain, discomfort and breathless, etc that you may have suffered whilst doing so ? etc, etc, etc !!

However, you should also concentrate on reiterating where and why you should have scored the extra points with respect to the applicable PIP Activities and the appropriate scoring PIP Descriptor for that Activity, whilst cross-referencing to any medical evidence that you have, or may have already provided which indicates that you should have.

You should be aware that when you request an MR, any current PIP Awards, Daily Living and/or Mobility, that you might have, can be increased, reduced or taken away altogether, as they will look at the whole PIP Awards afresh.

Obviously if you have no current PIP Award, there is no risk involved.

See : PIP MR/Appeals Guidance.

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Once you have gone through The MR Process, if you are still unsuccessful, you have one month from the date of The MR Decision Notice Letter to appeal directly to The Tribunal Service. (TS)

You should do this using one copy of The MR Notice letter (keep the othercopy) and the : SSCS 1 Form (Download Link)

All this is explained in our PIP Appeals Guidance

See also : PIP Self Test

PIP Points Scoring System

&

PIP Claims Guide. (2nd Link down the page)

You should Bookmark/Favourite this page in your Internet Browser now.

That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your PIP related queries to this topic ! :)

bro58
Last edit: 8 years 1 month ago by .

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  • Cathrine Rawlinson
  • Topic Author
8 years 1 month ago #154626 by Cathrine Rawlinson
Replied by Cathrine Rawlinson on topic Hp report a SHOCKER!!!
Thanks bro58,
I've already had a MR after just 1 week of request and, surprise, no change. I've been awarded standard care and standard mobility for 6 years and not suffered detrimentally thru the MR, phew! I was on an indefinite middle care and higher mobility until the change over to pip and ESA. Just FYI, my ESA was awarded without medical and I was placed in SG no probs with no end date, just a comment about "for as long as I need it". I take that as meaning indefinite.
I've already lodged appeal with tribunal and have used all the info packs suggested.
I still haven't received any call from DWP after I complained about the delays in getting my HP report but I'll not hold my breath.
Thanks again for info and support. A complaint to atos looks likely and my MP will also receive a letter. Thanks

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