Zero points at PIP renewal

Hi

I'd been on PIP since 2015 and my award had been due to run until July 2019, however following a recent review and health assessment it was ended recently. I scored zero points, although I had been on enhanced daily living and standard mobility components. I had no inclination that this might happen as I'd said there'd been no change in my condition (long-term neurological/psychiatric) nor how it affects me. Nevertheless, I was put through an assessment where the assessor followed computer instructions. I was even told that I'd probably be given a further award for a few years before reassessment as my "condition may get worse and it's important that I'm given the right rate". The DWP have responded and seem to be basing their decision largely on their impression of me at the health assessment, they don't refer to any evidence that was submitted in the original claim including medical evidence from my GP. Instead, it mentions the following:

"You engaged and conversed appropriately and did not require any prompting. You displayed adequate eye contact and rapport and you displayed no signs of anxiety. You had no cognitive, sensory or intellect impairment, your memory and concentration were normal and you are of normal intelligence. You also have no physical restrictions that would impact your ability to carry out these activities. It is medically reasonable to suggest that you can manage these activities unaided, safely, to an acceptable standard, repeatedly, in a reasonable time period and for the majority of the time. That it is consistent with your medical history, your description of a typical day, informal observations at your face to face consultation, how you engaged with the assessor, the available evidence, the information you provided about how your disability affects you and your mental state examination results."

I have a mostly hidden disability and people I don't know do not understand how difficult I find everyday tasks and interactions. I mostly try not to display anxiety, fatigue, that I forget or do not comprehend what's said or read, that I don't explain myself properly, etc. This is clearly subjective and something a health assessor who'd background is nursing I feel cannot appreciate. Very often I deliberately have to make extra effort to appear normal then when I'm home collapse in a heap and withdraw from the world for the next few days.

As far as I'm aware, the assessor didn't conduct a mental state examination, although I had one when I was first awarded PIP. I also mentioned my physical restrictions on several occasions during the assessment and in my original claim form as I'd said in the PIP renewal form that there'd been 'no change' in my ability to carry out activities.

I've been on medical treatment for anxiety/depression for 14 years and listed my medication in the PIP renewal form.

During the assessment I was asked about my educational attainment, where I mentioned that I'd gone to university, and was worried they'd use this information to their advantage and paint me as a normal and able person. I'm that this is the reason they infer I'm of "normal intelligence", but what it fails to mention is that I'm unemployed, have never moved out of my parents home and I'm completely dependent on family members. On another note, the notion that disabled people should be discouraged from pursuing higher education (and potentially increasing their independence and quality of life long-term) lest they risk their PIP eligibility is worrying.

I do not understand how the DWP can imply that I had "no concentration, sensory or intellect impairment, your memory and concentration were normal" from a health assessment where the assessor is not qualified to assessed these (nurse background) and did not even include a mental state exam at the very least.

I'll have to apply for a mandatory reconsideration and have read the resources this website provides which is a great help. However, I don't have health assessment report from my first claim nor the most recent which makes it difficult to argue against this decision.

I'd also like to know all evidence the DWP have used in their decision but don't know if they're obliged to share this? My understanding is that you can ask the DWP for a copy of your health assessment report, but don't know if you can request reports from prior PIP claims? Also, are you allowed to make a freedom of information (FOI) request to the DWP as you can with for your medical records, etc.?

Of course, I won't use that argument even if it's true, because I know it'd be countered with such a statement as you've said. I don't think I'm wrong though, in any other legal dispute a nurse wouldn't be asked to give their expert opinion on a neurological condition.

I've made a SAR now, thank you. I'll have to send my MR before it arrives and will say that I'm going to send further evidence. As I don't have a copy of the health assessment report I anticipate that it'll be included in the SAR bundle, but I don't know if this is routinely shared? I've specifically requested it via the gov online system. I've also asked for all information relating to when I first applied for PIP in 2015, again, no idea if they have this? I don't know how I'm going to be able to argue in the MR, when I'm missing such vital information and hoping to obtain further medical evidence FME. I'm hoping I can send an addendum as well as FME, which will contain my main arguments after the 30 day deadline. I understand FE and FME can arrive at the DWP up to 30 days after the MR deadline if a note specifies that more evidence will be sent, but don't know if it includes further reasons for MR other than the ones contained in the MR form?

Also, the PIP decision letter says I now need to tax my vehicle, as I had been entitled to half the rate, so presumably will have to pay another half amount for my class of vehicle? It doesn't specify how long I have to do this and I'm concerned about being stopped by the police.

Do you mean send a late MR i.e. after deadline? Or, send an MR and say they should await further evidence?

Going through the same presently - Very very similar if not almost the same DM comments as yours. From DLA Middle & Low rate mobility to Zero, under new system of PIP.
A 'snapshot' Face to Face & to be perfectly honest a lot of untruths & omissions with regards to the DM decisions.
If it makes you feel any better (but I doubt it). It appears to be a system to save money only, not concerned if you cannot do a task - will say you can anyway - rely on apathy - hoping you will go away - job done saved money - that is my personal opinion - I can only describe as DM 'cleverly worded' by omitting or missing vital evidence in attempts to achieve their aims by methods of avoiding the truth.