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DLA to PIP Assmnt for 16 yr old, questions
- Gordon
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7 years 6 months ago #170354 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP Assmnt for 16 yr old, questions
funmum
I'm sorry but have you received a Decision letter?
I agree that a Mental State Examination was carried out, but this is a very basic test and I do not think you can rely on the results being indicative of any particular condition, although it is suggestive that he has problems, you will need evidence from his GP or a consultant to properly show that he is effected.
If you do go to MR then the best way to refute the medical report is by referencing his medical evidence to show that the assessors opinions are at odds.
I wouldn't worry about the recording being accepted as "legal" or not you are entitled to record the assessment without consent, it would only have been an issue on the day, not afterwards.
Although you have not received the assessment report I would go through the Decision Makers Letter with the PIP2 and the PIP Claim guide to make sure that you have shown that your son meets the criteria to score points. For example, you say he cannot prepare and cook a meal, have you explained why this is the case and why he could not do so with aids, or prompting, supervision or assistance?
Gordon
I'm sorry but have you received a Decision letter?
I agree that a Mental State Examination was carried out, but this is a very basic test and I do not think you can rely on the results being indicative of any particular condition, although it is suggestive that he has problems, you will need evidence from his GP or a consultant to properly show that he is effected.
If you do go to MR then the best way to refute the medical report is by referencing his medical evidence to show that the assessors opinions are at odds.
I wouldn't worry about the recording being accepted as "legal" or not you are entitled to record the assessment without consent, it would only have been an issue on the day, not afterwards.
Although you have not received the assessment report I would go through the Decision Makers Letter with the PIP2 and the PIP Claim guide to make sure that you have shown that your son meets the criteria to score points. For example, you say he cannot prepare and cook a meal, have you explained why this is the case and why he could not do so with aids, or prompting, supervision or assistance?
Gordon
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- funmum
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7 years 6 months ago #170977 by funmum
Replied by funmum on topic DLA to PIP Assmnt for 16 yr old, questions
Thnk you, yes in my application I explained in detail how my son met the various criteria, the assessors report was a whitewash really, I feel like a tribunal would see things differently (ever hopeful).
Anyway, can I ask a few more questions please.
About the mental state examination. I am thinking of arguing that my sons answers given in the assessment (see upthread) are evidence (ie evidence collected by the DWP) that he does indeed have cognitive difficulties. Even though the assessor has chosen to interpret my sons answers differently. What do you think? Surely being unable to answer the cognitive questions must mean something otherwise why do they ask them?
For the memory test, I thought I read somewhere that they are not supposed to tell the claimant that they have to try to remember the words? Is this true? As the assessor did tell my son he had to try to remember them.
The same applies for a few other areas actually, where I believe that the evidence collected in the assessment supports my sons claim, but the assessor has disregarded it (or possibly incorrectly reported it, I havent received the copy of his report yet, just the detailed decision letter). Is this a strong basis on which to dispute the award?
Also, I need to try to get further medical evidence from my sons doctors, but what form should that take? They have already made a general statement which the assessor has ignored Is there a proforma on the site somewhere that I could use and maybe adapt to send to the doctors?
Anyway, can I ask a few more questions please.
About the mental state examination. I am thinking of arguing that my sons answers given in the assessment (see upthread) are evidence (ie evidence collected by the DWP) that he does indeed have cognitive difficulties. Even though the assessor has chosen to interpret my sons answers differently. What do you think? Surely being unable to answer the cognitive questions must mean something otherwise why do they ask them?
For the memory test, I thought I read somewhere that they are not supposed to tell the claimant that they have to try to remember the words? Is this true? As the assessor did tell my son he had to try to remember them.
The same applies for a few other areas actually, where I believe that the evidence collected in the assessment supports my sons claim, but the assessor has disregarded it (or possibly incorrectly reported it, I havent received the copy of his report yet, just the detailed decision letter). Is this a strong basis on which to dispute the award?
Also, I need to try to get further medical evidence from my sons doctors, but what form should that take? They have already made a general statement which the assessor has ignored Is there a proforma on the site somewhere that I could use and maybe adapt to send to the doctors?
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- Gordon
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7 years 6 months ago #171016 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP Assmnt for 16 yr old, questions
funmum
There's no problem with you using these examples, but with the exception of the ones about money, they are very general and you really need to show examples specific to each activity, so how do his cognitive abilities effect his abilities to prepare and cook a meal, as an example.
I would expect the claimant to be advised that they were having a memory test, it's actually part of the test to dos so.
If you can wait a few days (hopefully no more) we are trying to produce a document that a claimant can present to their GP, but if not copy the Descriptors for each activity that you would expect your son to score for removing the associated points and ask the GP to indicate which Descriptors they think he meets and to provide a short explanation of why.
Gordon
There's no problem with you using these examples, but with the exception of the ones about money, they are very general and you really need to show examples specific to each activity, so how do his cognitive abilities effect his abilities to prepare and cook a meal, as an example.
I would expect the claimant to be advised that they were having a memory test, it's actually part of the test to dos so.
If you can wait a few days (hopefully no more) we are trying to produce a document that a claimant can present to their GP, but if not copy the Descriptors for each activity that you would expect your son to score for removing the associated points and ask the GP to indicate which Descriptors they think he meets and to provide a short explanation of why.
Gordon
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- funmum
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7 years 6 months ago #171019 by funmum
Replied by funmum on topic DLA to PIP Assmnt for 16 yr old, questions
You think its ok to just supply the descriptors we think he meets? I was wondering about this and thought sending the whole lot would be overwhelming and not get read by the dr.
And also you think it will be okay to supply all the relevant descriptors or which we think he might qualify (11 of them)? Or is that too much and we should select a few that they are most likely to have direct knowledge of?
Thank you so much
And also you think it will be okay to supply all the relevant descriptors or which we think he might qualify (11 of them)? Or is that too much and we should select a few that they are most likely to have direct knowledge of?
Thank you so much
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7 years 6 months ago #171050 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP Assmnt for 16 yr old, questions
funmum
You can send all of them or a selection, I suggested the former as most GP's have limited time and you do not want to present something that makes them hurry there response but if you think he should score on 11 activities then you might as well send them all, there are only 12 activities.
His GP will either comment or not, for example they may not be able to offer an opinion on whether ha can prepare and cook a meal but may have a view on his ability to dress and undress, so leave it to them.
Gordon
You can send all of them or a selection, I suggested the former as most GP's have limited time and you do not want to present something that makes them hurry there response but if you think he should score on 11 activities then you might as well send them all, there are only 12 activities.
His GP will either comment or not, for example they may not be able to offer an opinion on whether ha can prepare and cook a meal but may have a view on his ability to dress and undress, so leave it to them.
Gordon
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7 years 6 months ago #171293 by funmum
Replied by funmum on topic DLA to PIP Assmnt for 16 yr old, questions
OK so I am still waiting for the copy of the assessors report (!!!) but can you tell me if these things that took place at the assessment can be used in my letter to the tribunal as grounds to undermine the assessment and/or recommendations?
The assessor consented to me tape recording the assessment but did not supply any tape recording forms for me to sign (I think this is a compulory part of procedure)
His opening question was a heavily loaded very leading question "Your son hasn't got any cognitive issues has he?". I thought they weren't allowed to ask leading questions like this?
Also, asking this question indicates that he either hadn't read the application or had a preconception of how my sons disability would affect him, since it is crystal clear from the application that we think he has significant cognitive difficulties.
On leaving the house he told me that he was recommending that my sons claim should be reviewed in 2 years. He then recommended zero points in every category to the DWP. My objection here is that it is surely against procedure to indicate that he will be recommending an award (and then not recommending one). This is very upsetting and disturbing for the claimant, plus surely a breach of policy to give an indication either way?
The assessment took only 38 minutes - is that acceptable?
My son had to take a break during the assessment. At the end of the assessment the assessor stated that he thought my son had been physically unable to do any more after the point when he took the rest break - surely he shouldn't have continued then?
Can I use the fact that the assessor knew my son couldn't do any more as evidence of my sons difficulties and excessive fatigue (even though the assessor then recommended zero points)
The assessor did not have a laptop (as it was broken) and brought a paper form which he scribbled a few notes on (which is why I am interested to see the photocopy of it) - is that acceptable?
Which of these are valid objections for undermining the assessment and recommendations?
Which are stronger points as I see from the guide that we should pick a few not loads.
The assessor consented to me tape recording the assessment but did not supply any tape recording forms for me to sign (I think this is a compulory part of procedure)
His opening question was a heavily loaded very leading question "Your son hasn't got any cognitive issues has he?". I thought they weren't allowed to ask leading questions like this?
Also, asking this question indicates that he either hadn't read the application or had a preconception of how my sons disability would affect him, since it is crystal clear from the application that we think he has significant cognitive difficulties.
On leaving the house he told me that he was recommending that my sons claim should be reviewed in 2 years. He then recommended zero points in every category to the DWP. My objection here is that it is surely against procedure to indicate that he will be recommending an award (and then not recommending one). This is very upsetting and disturbing for the claimant, plus surely a breach of policy to give an indication either way?
The assessment took only 38 minutes - is that acceptable?
My son had to take a break during the assessment. At the end of the assessment the assessor stated that he thought my son had been physically unable to do any more after the point when he took the rest break - surely he shouldn't have continued then?
Can I use the fact that the assessor knew my son couldn't do any more as evidence of my sons difficulties and excessive fatigue (even though the assessor then recommended zero points)
The assessor did not have a laptop (as it was broken) and brought a paper form which he scribbled a few notes on (which is why I am interested to see the photocopy of it) - is that acceptable?
Which of these are valid objections for undermining the assessment and recommendations?
Which are stronger points as I see from the guide that we should pick a few not loads.
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