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DLA to PIP Brown envelope finally arrived 0 points

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6 years 11 months ago #188856 by wolfchile
You and me both. Same here. Letter today physically sick. Try and stay strong. MR for us both. Sorry this has happened. Lying assessor in my case tO

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6 years 11 months ago #188900 by Gordon
Mobba

Don't worry about speaking to someone else, you do what you need to do, no offence taken. :)

Unfortunately, it is not uncommon for the assessment report to bear little resemblance to the claimants memory of the assessment!

Whilst it sounds like you have good reason to make a complaint to ATOS about he quality of the assessment report, one thing to do is to sort the assessors opinions from statements of fact, also consider that they may be commenting on your limitations rather than the conditions themselves, so are they actually contradicting your Consultants.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, 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: mobbba

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6 years 11 months ago #188924 by mobbba
Hi Wolfchile Sorry to hear you are in the same boat. I am trying to stay strong, its turned to being angry now.

We need to stay focused, get the MR done and start to hope again.

:)

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6 years 11 months ago #188925 by mobbba
Thank you for that Gordon.

Just going back to the earlier question: If a Consultant says I cannot walk on my right foot in the detailed letter. Can the assessor override what he is saying? I am thinking along the lines of this ending up at appeal, what good would all my evidence be if they are allowed to do it and DWP let them?

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6 years 11 months ago #188941 by Gordon

mobbba wrote: Thank you for that Gordon.

Just going back to the earlier question: If a Consultant says I cannot walk on my right foot in the detailed letter. Can the assessor override what he is saying? I am thinking along the lines of this ending up at appeal, what good would all my evidence be if they are allowed to do it and DWP let them?


Taking your post as is and ignoring the fact that you probably described your problems differently on the form. :)

Does being unable to walk on your right foot prevent you from being able to stand and move with or without suitable aids such a crutches?

It's not necessarily a case of the assessor overriding your Consultant's views, they are looking at your problems from a different view point.

Gordon

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

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6 years 11 months ago #188985 by mobbba
Hi Gordon....I really don't know where to start with this MR. The DWP clearly told me yesterday that the assessor opened my PIP2 form online on the 19th April, 1 day before my assessment. No other documents were opened by Atos.

So the 20 numbered document file of which number 19 is the attachment with my 12 PIP2 form explanations, as I said they were all typed and added to my file along with MRI's and Hospital letters. So the assessor knew nothing about me, not even medication at my assessment. I know this is a cause for complaint against Atos, but that will come later.

The assessor made assumptions, asked me hardly anything and did not give time to explain anything. For instance I drive 4 miles a week to see my daughter as a result of this assessor says I have good strength in my arms and legs, did not test them at all. I wanted to say: I may do this once maybe twice a week, I am in pain doing it and cant do it again for a few days, but I need to be able to go out, even though I am in pain. She would not let me answer. I told her about the aids I was given by OT and Social services, they are not mentioned and no points given.

I need help with this MR Gordon I don't want to accuse the assessor of lying and sound like I am moaning, but I really don't know what to say.

My anxiety level is sky high and when I am in this state I cannot remember anything, cannot talk properly, cannot think. I am totally breathless.

Can you please advise me Gordon?

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