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Assessment report received/MR advice needed please
- Gordon
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7 years 8 months ago #165601 by Gordon
You don't have to provide more information if you are happy that your PIP2 explains your problems in detail, you can just refer the DM to the relevant section and explain why you think they should have another look at what you have said.
However I would encourage you to review your form with the assessment report and the PIP Claim guide to just make sure there is nothing else to add, for example; have you made use of "reliably" and on "the majority of days" where applicable. Are you sure that you have shown that you meet all of the elements of the relevant Descriptors? Have you tried to echo the language used in your response.
Gordon
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Replied by Gordon on topic Assessment report received/MR advice needed please
Cat wrote: I will do that, thank you. Does anyone know the best way to do it? For example with the prompting to eat thing, I talked about it lots on my form, my doctor also wrote that I need prompting to eat and three friends wrote that they regularly have to prompt me to eat. That should have been enough?
The HP didn't even mention my doctor's or friends' evidence when writing why they scored me zero points, and according to your guide if they disagree with your doctor's evidence they're supposed to state why. But they haven't. So I'll point that out, and I'll remind the second DM of the evidence that they currently have, and hopefully my doctor will mention it again in their second letter, but have I missed anything?
You don't have to provide more information if you are happy that your PIP2 explains your problems in detail, you can just refer the DM to the relevant section and explain why you think they should have another look at what you have said.
However I would encourage you to review your form with the assessment report and the PIP Claim guide to just make sure there is nothing else to add, for example; have you made use of "reliably" and on "the majority of days" where applicable. Are you sure that you have shown that you meet all of the elements of the relevant Descriptors? Have you tried to echo the language used in your response.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 8 months ago #165737 by enigma75
Replied by enigma75 on topic Assessment report received/MR advice needed please
Thank you for the support, everyone, I really appreciate it, and I will take the advice to double check my form. Today's post brought a doctor's letter which directly challenges the assessment report and gives evidence explaining why it's wrong. I hope that at the very least that means my award won't be decreased. I have two more questions, hopefully the last two!
1) Does anyone know if DMs are still told that they're allowed to prefer the claimant's evidence over the HP's assessment? Having read in the guide about the unfair practices, I'm half expecting a call where the DM tells me that their hands are tied because they have to comply with the health professional's report. If that happens, I'd like to point them to the part of their own guidance where it says that no, they are not obliged to agree with the HP's report if the claimant's own medical evidence is stronger.
2) The members' PIP guide quotes DWP guidance as saying: "If a descriptor applies at any point during a 24 hour period, it is considered to apply for the entire day, whereas in DLA it would have to apply for 'the majority of the day' in order to apply." Does anyone know where that comes from? I'd like to quote it in my letter, but I want to be able to state its source.
Thank you again.
1) Does anyone know if DMs are still told that they're allowed to prefer the claimant's evidence over the HP's assessment? Having read in the guide about the unfair practices, I'm half expecting a call where the DM tells me that their hands are tied because they have to comply with the health professional's report. If that happens, I'd like to point them to the part of their own guidance where it says that no, they are not obliged to agree with the HP's report if the claimant's own medical evidence is stronger.
2) The members' PIP guide quotes DWP guidance as saying: "If a descriptor applies at any point during a 24 hour period, it is considered to apply for the entire day, whereas in DLA it would have to apply for 'the majority of the day' in order to apply." Does anyone know where that comes from? I'd like to quote it in my letter, but I want to be able to state its source.
Thank you again.
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7 years 8 months ago #165772 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Assessment report received/MR advice needed please
Cat
1. This has always been the case, it just doesn't happen very often,
2. The statement was made in the original consultation documents for PIP, see Steve Donnison's reply to a similar question.
www.benefitsandwork.co.uk/forum?view=top...10&id=103678&start=6
I believe that this has been confirmed in an Upper Tribunal Decision (I'll try and find it later), but it requires context, so as an example; if you could not wash or bathe first thing in the morning, when it is reasonable to expect you to do so, then you should be considered as being unable to do it for the rest of the day, but if you could prepare and cook a meal at lunch time but not in the evening then you probably wouldn't
Gordon
1. This has always been the case, it just doesn't happen very often,
2. The statement was made in the original consultation documents for PIP, see Steve Donnison's reply to a similar question.
www.benefitsandwork.co.uk/forum?view=top...10&id=103678&start=6
I believe that this has been confirmed in an Upper Tribunal Decision (I'll try and find it later), but it requires context, so as an example; if you could not wash or bathe first thing in the morning, when it is reasonable to expect you to do so, then you should be considered as being unable to do it for the rest of the day, but if you could prepare and cook a meal at lunch time but not in the evening then you probably wouldn't
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 8 months ago #165789 by enigma75
Replied by enigma75 on topic Assessment report received/MR advice needed please
Thank you Gordon - I did a search of the forum and site but didn't see this.
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7 years 8 months ago #165796 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Assessment report received/MR advice needed please
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: enigma75
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7 years 8 months ago #165801 by enigma75
Replied by enigma75 on topic Assessment report received/MR advice needed please
Thank you very much!
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