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pip question
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7 years 11 months ago #158484 by Gordon
As your claim was declined there is no requirement for a second assessment to be carried out, I would contact ATOS and ask what is going on.
Gordon
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Replied by Gordon on topic pip question
sophi wrote: Been waiting 8 weeks for mr. Now been sent a Atos hone visit for another medical. Dwp dont know why.
Can they do this? Theyv already done one. If they are saying my original is wrong then shouldn't they put me back into payment as they are reassing me.
Do they do a paper medical before automatically issuing a medical again?
As your claim was declined there is no requirement for a second assessment to be carried out, I would contact ATOS and ask what is going on.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 11 months ago #158748 by sophi
Replied by sophi on topic pip question
update (i think this is it anyway, its all going around and around)
ATOS have said the first medical was done incorrectly so they want to do another one, despite having a decision made and im 9 weeks into MR.
DWP say that ATOS should do it on a paper based assessment
ATOS have said they cant do that because theres not enough evidence of my day to day life (so the PIP questionaire, my therapist of 4 years and my husband isn't good enough, plus the evidence based MR statement of 11 pages long)
so they are sending the file back to the DWP saying I am refusing another medical, despite submitting evidence to them of the impact of the original assessment and how difficult it would be to have another one (from a medical professional)
Am I right in thinking that the DWP will still look at the original medical despite atos admitting they did wrong, and will the appeal be more balanced towards the other evidence?
i have seriously been told today that the only people who can accurately record the impact of my day to day life is ATOS.. Not even I can tell them the impact..
ATOS have said the first medical was done incorrectly so they want to do another one, despite having a decision made and im 9 weeks into MR.
DWP say that ATOS should do it on a paper based assessment
ATOS have said they cant do that because theres not enough evidence of my day to day life (so the PIP questionaire, my therapist of 4 years and my husband isn't good enough, plus the evidence based MR statement of 11 pages long)
so they are sending the file back to the DWP saying I am refusing another medical, despite submitting evidence to them of the impact of the original assessment and how difficult it would be to have another one (from a medical professional)
Am I right in thinking that the DWP will still look at the original medical despite atos admitting they did wrong, and will the appeal be more balanced towards the other evidence?
i have seriously been told today that the only people who can accurately record the impact of my day to day life is ATOS.. Not even I can tell them the impact..
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7 years 11 months ago #158760 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip question
sophi
This is likely to be a Catch-22!
If the report has been withdrawn by ATOS then this seriously undermines any Decision based on it, however, it does not mean that the DWP will now accept that you now meet the criteria.
Conversely, if the DWP do accept that the Decision is based on flawed information then they will most likely argue that a new assessment is required, so your failing to attend the new one organised by ATOS may count against you.
Your biggest problem is that the DM is not medically trained and is reliant on ATOS to evaluate your own evidence and to provide their own report.
Ultimately it is down to the DWP to decide how they want to manage this situation and you can only follow their lead, you can involve your MP, but you need to decide which route is the best for you before you do so.
Gordon
This is likely to be a Catch-22!
If the report has been withdrawn by ATOS then this seriously undermines any Decision based on it, however, it does not mean that the DWP will now accept that you now meet the criteria.
Conversely, if the DWP do accept that the Decision is based on flawed information then they will most likely argue that a new assessment is required, so your failing to attend the new one organised by ATOS may count against you.
Your biggest problem is that the DM is not medically trained and is reliant on ATOS to evaluate your own evidence and to provide their own report.
Ultimately it is down to the DWP to decide how they want to manage this situation and you can only follow their lead, you can involve your MP, but you need to decide which route is the best for you before you do so.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 7 months ago #168814 by sophi
Replied by sophi on topic pip question
last wednesday I went to appeal and got 11 points for DL and 4 for mobility, so im back in payment for PIP.
Anyone know how long now? and is it worth sending the dwp a letter with a reminder ? when should I start to try and re claim my 5 months of income support and carers allowance?
im getting a statement of reasons from the appeals service to make sure it was all above board and i didnt miss any points out..
thanks
Anyone know how long now? and is it worth sending the dwp a letter with a reminder ? when should I start to try and re claim my 5 months of income support and carers allowance?
im getting a statement of reasons from the appeals service to make sure it was all above board and i didnt miss any points out..
thanks
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7 years 7 months ago #168816 by Gordon
You need to contact the TS as a matter of urgency and withdraw the request for a Statement of Reasons. The DWP will also receive a copy and the SoR is the first stage in either party making a further challenge of the Decision. Without the SoR the DWP may have decided to put the Decision into payment, with it they might decide to appeal, in which case you will receive nothing until the matter is resolved.
It normally takes the DWP 5-8 weeks to process an appeal result.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip question
sophi wrote: last wednesday I went to appeal and got 11 points for DL and 4 for mobility, so im back in payment for PIP.
Anyone know how long now? and is it worth sending the dwp a letter with a reminder ? when should I start to try and re claim my 5 months of income support and carers allowance?
im getting a statement of reasons from the appeals service to make sure it was all above board and i didnt miss any points out..
thanks
You need to contact the TS as a matter of urgency and withdraw the request for a Statement of Reasons. The DWP will also receive a copy and the SoR is the first stage in either party making a further challenge of the Decision. Without the SoR the DWP may have decided to put the Decision into payment, with it they might decide to appeal, in which case you will receive nothing until the matter is resolved.
It normally takes the DWP 5-8 weeks to process an appeal result.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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