× Members

PIP assessment today, Need info please.

More
8 years 9 months ago #137439 by JenJJ
Once you get the SAR information then I would suggest that you consider putting in a formal complaint about the assessment and report. The complaint has to be made to the company who did the assessment, although you can send a copy to the DWP as well.

Any complaint though is totally separate from your mandatory reconsideration and appeal process.

In your appeal tribunal, if you are asking the panel to not give weight to the assessment report and instead consider your evidence, then they may ask you why you didn't complain if you have not made a formal complaint.

And of course you can put a copy of your formal complaint into your appeals pack for the judge and panel to see. You may also want to send a copy to your MP.

If you are going to make a complaint I would also suggest that you check out the PIP assessment guide which the assessors are supposed to use, You can use it to show where they have failed to follow guidelines in producing a report and therefore show that the Decision Maker made a decision without all the relevant information. Good luck.
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law), Dun

Please Log in or Create an account to join the conversation.

More
8 years 9 months ago #138078 by Dun
Replied by Dun on topic PIP assessment today, Need info please.
Well, I got my PA4 yesterday and it was what I thought. The HCP contradicts herself in a few areas and failed in most sections to reflect what was said at consultation. No typical day stuff at all as I wasn't asked. I am referred to as "She" throughout even though I am male.
No reliability criteria has been used.
I have now sent of my reply to add to my MR request breaking it down into sections giving reasons why I disagree and stating which descriptors I think I score points and why.

I will await my MR letter with interest and will send off a complaint to ATOS in the morning.

Should I now start preparing for tribunal to have stuff ready for my MR letter coming? I hope for the best but expect the worse.

Dun
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

Please Log in or Create an account to join the conversation.

More
8 years 9 months ago #138092 by Gordon
Replied by Gordon on topic PIP assessment today, Need info please.
Dun

The turnover rate at MR is better than it used to be but I would be surprised if the rate exceeds 10%, so whilst you should hope to overturn the Decision during the ME, I think it would be prudent to start preparing for an appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Dun

Please Log in or Create an account to join the conversation.

More
8 years 9 months ago #138122 by Dun
Replied by Dun on topic PIP assessment today, Need info please.
Thanks Gordon, back to the guides I go :cheer:
My only issue is what to use as my appeal reason, I don't want to cite too many reasons for the appeal as stated in the guide. I will pick one or two of the most relevant reasons and take it from there.

Please Log in or Create an account to join the conversation.

More
8 years 9 months ago #138135 by Gordon
Replied by Gordon on topic PIP assessment today, Need info please.

Dun wrote: Thanks Gordon, back to the guides I go :cheer:
My only issue is what to use as my appeal reason, I don't want to cite too many reasons for the appeal as stated in the guide. I will pick one or two of the most relevant reasons and take it from there.


The PIP Appeal guide explains how to download and complete the appeal form and what your reasons for appealing might be.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Dun

Please Log in or Create an account to join the conversation.

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
  • Offline
More
8 years 9 months ago #138137 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic PIP assessment today, Need info please.

Dun wrote: Hi, first post.
Went for my medical in Glasgow today(Salus) and on arrival was taken to a room within 2 mins.
The HCP said they had no computers as they had been down for 2 weeks and proceeded doing a paper based assessment!

I am transferring from DLA to PIP and my DLA is due to end next payday, she was rushing me and didn't want to write what I was saying. I had a companion in with me.
She kept on saying to me what I could do and noting it but when I added my "Buts" she didn't note them as far as I could see. The medical was so quick that I didn't have time to decribe how my disabilities affect me.

At the end she said she would need to add the info to a computer when they were up again but didn't know when that would be.

A few issues I have with this.

1. I have to rely on HCP remembering the finer detail from a bit of paper some time down the line.
2. She didn't have access to my reports, forms etc before seeing me.
3. When my DLA is due to stop, will it continue as she said it could be months before I get a decision?

Any comments/advice would be appreciated.

Thanks


I wouldn't worry too much over the fact that there were no computers were available. Although retired, I still help claimants with DLA and PIP and occasionally represent them 'pro bono' at First-tier Tribunals & UT's. This happened to five people I was helping with PIP, no computers and they all received PIP at the rate they requested. The computer programme asks specific questions, whilst assessment done by using notes allow more to be written 'ad lib'

Bear in mind it's not the HCP who makes decisions on entitle but Decision Makers, now often referred to as Case Managers. In my opinion no decision can be reached until the DM has seen and read your reports etc, to do so would constitute 'breach of natural justice' i.e. 'fair play at work'

Good luck

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Dun

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.