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PIP assessment report inaccuracies
- Lysa
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6 years 1 month ago #227865 by Lysa
PIP assessment report inaccuracies was created by Lysa
Hi i suffer with chronic pain syndrome, cervical spondylosis, lumbar arthritis, severe Depression,Anxiety,panic attacks, PTSD & prediabetes. My PIP claim has just been declined, however, after reading the assessment report i was shocked to discover blatant untruths! Such as "she was adequately dressed for the time of year and the assessment" when i was actually still in my pjs! Aparently i made good eye contact and was cognitively aware & focused,i cant even remember the last time i was able to hold eye contact etc etc. I was also physically able to crouch & stand back up & touch my toes!?? I honestly can not believe some of the remarks, i even had a mhm support worker at the assessment who witnessed everything including my breakdown. I am so upset & despondant about this i dont know if i have the strength to fight it all! My head is numb! Please help?
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- Gordon
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6 years 1 month ago #227895 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP assessment report inaccuracies
Lysa
You have two options going forward;
- You can make a new claim for PIP, there is no waiting time.
- You can challenge the Decision by requesting a Mandatory Reconsideration
In either case, though you are going to have to deal with the issues raised in your existing claim
Whilst an inaccurate report is almost certain to have played a part you also need to consider whether you have properly explained your problems in your claim form, is it possible that you have misunderstood the Descriptors, described your problems in terms that do not match the Descriptors or failed to make appropriate use of the reliability criteria or the need for your limitations on the majority of days to be considered?
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
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.
Gordon
You have two options going forward;
- You can make a new claim for PIP, there is no waiting time.
- You can challenge the Decision by requesting a Mandatory Reconsideration
In either case, though you are going to have to deal with the issues raised in your existing claim
Whilst an inaccurate report is almost certain to have played a part you also need to consider whether you have properly explained your problems in your claim form, is it possible that you have misunderstood the Descriptors, described your problems in terms that do not match the Descriptors or failed to make appropriate use of the reliability criteria or the need for your limitations on the majority of days to be considered?
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
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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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