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early assessments -can DWP do this?
- anne ireland
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6 years 9 months ago #193234 by anne ireland
early assessments -can DWP do this? was created by anne ireland
hi there, do hope i,m posting in right place! i have recently been re-assessed for PIP, even though on my original PIP letter it states that the award would be until February 2018, so this assessment is 8 months early! i have lost 4 points on mobility, so i no longer get it. how can a person miraculously be able to walk 50m in 2017,when in 2014 they were unable to? arthritis of the hips,knees and spine is a degenerative condition,ie,it can never improve. this system is so flawed it is unreal. a poorly trained HCP,a DM that has no medical knowledge - recipe for a complete farce of an assessment! i now stand to lose £100 pm,blue badge,bus pass and 50% car tax reduction all because two dimwits cocked up! i shall, of course appeal,but its all such a hassel if you,re not well. annecrum
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- Gordon
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6 years 9 months ago #193247 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic early assessments -can DWP do this?
A
Nearly all PIP Claims are reassessed a year in advance of the award ending.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nearly all PIP Claims are reassessed a year in advance of the award ending.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- cyclops
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6 years 9 months ago #193775 by cyclops
Replied by cyclops on topic early assessments -can DWP do this?
just how far did they make you walk? 50 metres is 165 feet, more than than the distance between two lamp posts in an urban area, you might think that they can be trusted to know what 50 metres is. I don't. It is easy to make a mistake yourself when under stress and there is the element of suggestion; they have to demonstrate that you can do this reliably, if not then they have to use the next descriptor down. enhanced rate. I am a little bit suspicious about what they have actually done.
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- Gordon
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6 years 9 months ago #193797 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic early assessments -can DWP do this?
cyclops
I don't think that the OP was asked to walk 50m I believe they are saying that it is the assessors opinion that they can walk this distance.
Gordon
I don't think that the OP was asked to walk 50m I believe they are saying that it is the assessors opinion that they can walk this distance.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- David
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6 years 9 months ago #193815 by David
Replied by David on topic early assessments -can DWP do this?
Assessors use the fishermans ruler for distance where 1inch = 1 foot
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