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PIP Discrediting Reasons

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7 years 1 month ago #179066 by Reality
PIP Discrediting Reasons was created by Reality
Hello, any advice please. I am working through the Medical Assessment. The HP has duplicated her reasons for refusing descriptors throughout based on her observations mainly, I.e. She did not appear to be in pain, fatigue. She was focused and had good memory throughout the assessment, she communicated well, she was dressed appropriately (when I was in nightwear. She rose swiftly. She was calm, smiled appropriately. Etc., etc., She never questioned if I was in pain or exhausted, and wh n I did remark was not recorded. DM has based her decision simply on HPs Report. This is bad practice and conflicts with 2 previous Assessments and medical info. I'm unsure how to work with the observations without saying she is a liar.
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7 years 1 month ago #179090 by Gordon
Replied by Gordon on topic PIP Discrediting Reasons
Julie

Going through the report is important but you will only receive an award by showing that you meet the criteria for one, however, this is your claim and you can chose whatever approach you feel is appropriate.

Assessment reports contain facts and opinions, actual tests and observed behaviour.

If you can try and stick to facts and actual tests, but understand, turnover rates at the MR stage are rare and unless you can show a fundamental flaw in the report, the DWP Decision Maker is always likely to favour it.

You can dispute fact and tests by reference to your evidence.

Dealing with opinions is difficult, the assessor is always entitled to their opinion however preposterous they may be. In a similar vein observed behaviour can be difficult to challenge, unless it is clearly something that never happened.

Gordon

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

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7 years 1 month ago #179091 by Martha
Replied by Martha on topic PIP Discrediting Reasons
Hello, when i saw this post, i thought i was reading a copy of my own! Sorry, but this is exactly what happened to me just before Christmas, i got my decision letter today and i got zero points, also the letter was an exact copy of the comments written in my medical assessment by the hp. I have written to this forum asking for help also as i dont know what to do i feel so helpless and guilty, as i was so honest with the hp in the assessment but the hp omitted to write what i told them, its almost as though it was made up. Infact when i checked the report i found it contained pre written sentances that are standardised by Capita on their site. So not about me as a person at all. I am so sad by it all. Sorry to be so gloomy, i never thought it would be this hard.

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7 years 1 month ago #179100 by Reality
Replied by Reality on topic PIP Discrediting Reasons
Thank you for your comments Gordon. I do not expect the Mandatory Reconsideration to be successful. Is it worth me disagreeing with observations made as the whole report is based on this as reasons for scoring zero, will the Independent Tribunal be interested in disagreements generally with Medical Assessment?

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7 years 1 month ago #179108 by Gordon
Replied by Gordon on topic PIP Discrediting Reasons

Julie wrote: Thank you for your comments Gordon. I do not expect the Mandatory Reconsideration to be successful. Is it worth me disagreeing with observations made as the whole report is based on this as reasons for scoring zero, will the Independent Tribunal be interested in disagreements generally with Medical Assessment?


A Tribunal panel will be looking at whether you meet criteria for an award, they will have a far more open mind as to the contents of the report.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 1 month ago #179228 by SandyT
Replied by SandyT on topic PIP Discrediting Reasons
Pretty much the same as the letter that i received. Because i was breathing and could look at the assessor and that i was washed and dressed properly, they awarded me very little on the points system they run. The assessor also omitted answers i gave from the report as she said she would complete the report after i had left the room. You and i would call it lies, but they would probably call it an "error". I asked for a mandatory reconsideration but they stuck to their guns with the original report and now im off to a tribunal with a doctors report . Wish i had asked to record the assessment as there were many points that the assessor was advised of but were not present on the decision letter that i received.

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