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PIP result....laughable!

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7 years 2 months ago #181019 by dawsden
PIP result....laughable! was created by dawsden
I have gone from low rate care dla to enhanced pip and high rate mobility dla to standard pip. This is despite my illness deteriorating and my mobility getting worse. It took me 4 weeks to fill in the pip form and gather all my supporting evidence, including letters proving that my disability has deteriorated. I was given a home assessment and apart from walking to the front door to open it, I sat at my dining table and only got up to ease my pain, leaning heavily on my walking stick. The assessor has put that I was observed walking at a slow pace with normal gait and that I am able to walk from room to room in my house....dining table to front door is 8.5ft and whole length of my house is 28ft from back to front!!

I telephoned them immediately to say I wanted a mandatory reconsideration, but now worried that they may make me worse off. Can anyone advise? Feeling so worn out with it all :(

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7 years 2 months ago #181045 by Gordon
Replied by Gordon on topic PIP result....laughable!
D

Asking for an MR opens the whole award to review, it doesn't happen very often but we do see members reporting that the points that they originally scored have been reduced, however if you want to challenge the lack of a mobility award then the only way forward is to request an MR.

Even though you have made a telephone request I would follow this up in writing 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
The following user(s) said Thank You: dawsden

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7 years 2 months ago #181333 by dawsden
Replied by dawsden on topic PIP result....laughable!
Hi Gordon.
So...report arrived today :( I cannot believe my eyes!
One part says I walked with altered gait then another says I had normal gait. Says that I walk with crutches, when I clearly stated on my claim form that its too painful on my hands and shoulders to use them. States that I was physically examined (giving the findings) when I was not. States that I can plan a journey when I said on form that I cannot.
My neighbour let herself in during the assessment to see if I wanted a hot drink. She stood by me for little more than 3 minutes before leaving. The assessor has stated that 'her neighbour popped in and handed her an envelope which she was able to hold in her left hand, indicating a good grip'...outright lies....so so angry....and so it goes on. But the crazy thing is, it states that I cannot bend my left knee, unable to straighten leg, hip rotation reduced and power in left leg significantly reduced...result....able to walk 20-50 metres :laugh:
To top it all, the report was carried out by someone claiming to be a paramedic. First page shows one name as the 'professional' carrying out the consultation then another name on the last page, so not sure who the assessor was even! Obviously a paramedic who has expert knowledge of:
Lupus
Fibromalgia
Sjorgrens
Arthritis
Reflex Sympathetic Dystrophy
Sciatica
Deafness/tinnitus/hypercusis
Hypothyroidism
......and high blood pressure ta boot :evil:

Can you give me some advice on the best way to go about a reconsideration Gordon?

Many thanks in advance....really dont know what I would do without this site!

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7 years 2 months ago #181338 by dawsden
Replied by dawsden on topic PIP result....laughable!
......also just to add....I have been awarded 10 points for mobility.....I thought you could only get 8 or 10??

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7 years 2 months ago #181369 by Gordon
Replied by Gordon on topic PIP result....laughable!
D

Despite the contents of the report you will only receive an award by showing that you meet the criteria for one so this must be your primary task, I'm not saying to ignore the report but errors such as there being two names on it will only at best result in a new assessment, not an award.

I would start by going through your PIP2, the assessment report and the PIP claim guide to make sure that you have met the legally defined criteria to score points. Make use of "reliably" and "on the majority of days" wherever relevant.

I would consider making a complaint about the assessment to the Assessment Provider

www.atoshealthcare.com/pip/after_your_Consultation

www.capita-pip.co.uk/en/complaints.html

In particular the two names and the factual errors. There is a guide to dealing with the assessment report in the PIP section.

You cannot assume that the assessor did not have sufficient knowledge to assess you, although you may be able to show that this was the case from their report If they have failed to take into account issues that would reasonably be assumed to relevant to your conditions.

Gordon

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

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7 years 2 months ago #181370 by Gordon
Replied by Gordon on topic PIP result....laughable!

denise mcnally wrote: ......also just to add....I have been awarded 10 points for mobility.....I thought you could only get 8 or 10??


Sorry not sure what you mean!

Gordon

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

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