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Assessors report

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7 years 10 months ago #160339 by Black Dahlia
Assessors report was created by Black Dahlia
I received my Assessment report last Saturday.

The descriptors that the HP, (a general nurse) has selected as applicable to my condition, are as expected, at the lesser points level than the ones I have selected and responded to in my replies, both on the PIP form and during the assessment medical.

Subsequently, I have been preparing for the DM award to come through the door, ( I was given a date of 9th June) and the inevitable process of MR and appeal.

I noticed that for one of the descriptors that I will be contesting, "Preparing food" I have been given 1d, but I stated 1e. applies. The HP has cited in the justification for descriptors choice, that the MSE (mental state examination) supports normal cognition, yet at the end of the report where the option for:- The claimant has a mental, intellectual or cognitive impairment she has select the "yes" button

Does this not mean she has contradicted herself? and therefore is a key point to raise on MR and appeal?

For the other descriptors that I will be challenging, where I have been given lower scores for mobility and daily living, I notice that the assessor has not mentioned the fatigue and "brain fog" caused by my fibromyalgia, nor anything more than lack of motivation as a mental health component in my inability to do a task safely, reliably and repeatibily, nor has she acknowledged that I therefore need "supervision, in these tasks.

Also the assessor has left out of the "list of evidence considered alongside the consultation finds", the letter from a friend in support of my claim.
This letter states clearly that I cannot cook a meal safely and that he helps me do this, he does the cooking, I may read out the recipe.
Also that I am a danger to myself when I have to travel to unfamiliar place, that I need a person to accompany me, as I have to take medications that make me drowsy, that I have panic attacks that make me run off and in such a state in an unfamiliar place, I may have an accident. Also that he helps me with social support when engaging with others, that he prompts me regarding toilet needs, and supervises me when showering, because of dizzy spells caused by the fibromyalgia.
Despite my providing daily diary sheets from your guides, that show his input, and handing extra ones to the assessor on the day, none of this has carried any weight.

She has also failed to note that I had a panic attack in the assessment room, had to flee to the lavatory, had to have two blasts on my asthma pump and actually took another tranquillizer (with a glass of water, that she got for me) to try to get me through the rest of the interview.
Sadly the Mental heath advocate, that I took with me for support, failed to note this either in her report.
Anyway, am I correct in assuming that for the Planning and making journeys descriptor it is near impossible to get more than 4 points if a claimant has mental health issues, and we are generally being award 4 points only ( and therefore no award) for this descriptor?

How much weight is attached to my friends letter?
It seems like they have dismissed its content. Will this be enough on appeal as I am unlikely to get any other evidence, my GP acts as if she has done all she can with her GP letter, and my psychiatrist is an unpleasant, unhelpful man, who clearly is very dismissive of me. I would like to change him, but I feel its not a good time now as referrals take a very long time in Scotland.
Would it be a good idea to get my friend to rewrite the letter and submit it as "new" evidence with the MR request, as I feel the original may not be hard hitting enough, he has not actually mentioned the word "supervised" regarding the cooking and travelling descriptors, although that was what he clearly meant, but is it a moot point, that the assessor has just used to their advantage ?

I am feeling very worried and depressed and all this anxiety and stress has given me dreadful irritable bowel flare up and migraine headaches. I feel I am getting into a real state over it all.

I will be going to the Citizens Advice Bureau this Wednesday, its only a drop in service, to lay the foundations for the inevitable appeal. I also wrote to my MP. a few weeks ago, regarding the fact that I had not been offered a home assessment following the letter from my GP stating that I could not cope with attending an assessment to a place outside my local area. The GP letter were ignored by Atos, and the letter to the MP received only a computer acknowledgement and nothing more of which I am very disappointed. Do you think I should contact the MP again?

Your input would be gratefully received.
The following user(s) said Thank You: Jul

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7 years 10 months ago #160393 by Gordon
Replied by Gordon on topic Assessors report
Black Dahlia

You're not making it easy to support you by starting a new topic, I have already replied to some of these issues on your original one. At this time I cannot merge the two!

Highlighting errors and inconsistencies in the assessment report will help but you will only receive an award by showing that you meet the criteria for one.

Have you shown that you have cognitive issue for the majority of days?

You've raised lots of points, but fundamentally my reply comes down to the same for all of them, go back to your PIP2, the assessment report and the PIP Claim guide and make sure that you have clearly shown that you meet the criteria for each activity, reliably and on the majority of days with reference to your evidence.

The DM is going to be biased to the assessment report and you have not indicated any damming evidence that significantly undermines it, as a consequence they will likely have diminished your friends letter.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 10 months ago #160429 by Black Dahlia
Replied by Black Dahlia on topic Assessors report
I am so sorry. I did not realise that you had replied already to my first email sent last night. The computer was left on and seems it only updated a few minutes ago. I thought my original email had been lost somewhere in (cyber space!), so I wrote a second one which was more accurate and less muddled as I was in a bit of a state of distress last night.

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7 years 10 months ago #160434 by Black Dahlia
Replied by Black Dahlia on topic Assessors report
Gordon,

Please help me here, are you saying that the DWP can choose to dismiss a valid piece of evidence?, I only have one close personal friend who agreed to write a letter in support of my PIP claim, detailing how he offers me help and supervision when I request it.

Surely they cannot legally dismiss this evidence? Can they?

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7 years 10 months ago #160443 by Gordon
Replied by Gordon on topic Assessors report

Black Dahlia wrote: Gordon,

Please help me here, are you saying that the DWP can choose to dismiss a valid piece of evidence?, I only have one close personal friend who agreed to write a letter in support of my PIP claim, detailing how he offers me help and supervision when I request it.

Surely they cannot legally dismiss this evidence? Can they?


They cannot dismiss evidence in the sense of completely ignoring it but they can quite legally assign different weights to the evidence before them providing that they can justify doing so.

The Decision Maker will always assign the most weight to the assessor's report, a Tribunal will treat all of the evidence in a more balanced way.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 10 months ago #160870 by Black Dahlia
Replied by Black Dahlia on topic Assessors report
Hi Gordon,
I have not yet received a decision on my PIP claim but today got a letter from ESA stating a date of change for my benefit ESA support group, for 5th July 2016. As Atos did my medical assessment has this been used for ESA assessment too do you think?
I am worried sick. Drank a lot took a load of trans tonight and feel suicidal.

To me it looks like I have had a 0 for PIP, despite providing every bit of evidence and info as per your guides, and now my severe Disability premium, Disability Guarantee and support group extra money has been stopped too. That will leave me with just the basic job seekers allowance of £73 per week!!! That is a loss of almost £200 per week. I am besides myself with worry and horror. I have been getting DLA indefinite award for the past 16 years and I am now 60 years old!!
Do you think I am correct in my assumption?
I have been to see Citizens advice bureau last week as I was worried about the HP assessment, but that seemed to give me standard rate care but no mobility. I have a long standing mental health condition and a diagnosis of Fibromyalgia from last Feb 2015, following my being infected with Lyme's disease.
I am in such a state I truly cannot handle any more of this, I have had irritable bowel syndrome flare up since the day before the PIP medical. Honestly I think I will not be able to go through anymore of this treatment by the DWP. I d be better off dead. I have no family to support me, they are wealthy but my health problems mean they want nothing to do with me. I cannot bear the prospect of utter poverty and destitution and there is no way I would either get a job with my history or be able to hold down a job should there be one I could actually do now at my age.
Please advise me.

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