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PIP - disputing HP report before decision given
- Louise
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5 years 8 months ago #236465 by Louise
PIP - disputing HP report before decision given was created by Louise
I am transitioning from indefinite award of DLA - middle care, higher mobility. I have 3 conditions - 2 of which I have had since childhood and I submitted consultant’s letters as additional evidence that said these condition will not significantly change or improve. The third condition is recently diagnosed and I am waiting to see a cardiologist.
I have received a copy of the health professional’s from my face to face, but I have not yet had a decision on an award. I have issues with the health professional’s report and wonder if it is worth pointing these out to the decision maker before a decision is made?
Ignoring the inconsistencies and bizarre conclusions reached, there are 2 issues with the HP’s report:
- the HP has marked “taking nutrition” as 0 points but written in the reasoning below that I need an aid. I assume this was a slip of the mouse but it makes the difference between 11 points and 13 points. Will the DWP pick up on this?
- the length of the award suggested is 18 months with the reasoning being I have ongoing physiotherapy and am awaiting a referral to cardiology. 95% of the descriptions in the HP’s reports of why I can’t do certain activities relates to conditions 1 & 2, no category relies purely on condition 3. Even if the referral to cardiology completely cures me of condition 3 (it won’t) l, the relevant consultants for conditions 1 & 2 have confirmed those conditions are life long and won’t change. I have had physiotherapy for condition 2 for my whole life and it is not maintain function the function I do have and will not change my functional ability. I received 25 hours I’d care from SS a week and have done my entire adult life (I.e. the last 15 years).
Is it worth writing for the DWP before a decision is reached or waiting for a decision and having to go through the appeal process (assuming the DM follows the HP’s guidance)?
Many thanks for any advice on this.
I have received a copy of the health professional’s from my face to face, but I have not yet had a decision on an award. I have issues with the health professional’s report and wonder if it is worth pointing these out to the decision maker before a decision is made?
Ignoring the inconsistencies and bizarre conclusions reached, there are 2 issues with the HP’s report:
- the HP has marked “taking nutrition” as 0 points but written in the reasoning below that I need an aid. I assume this was a slip of the mouse but it makes the difference between 11 points and 13 points. Will the DWP pick up on this?
- the length of the award suggested is 18 months with the reasoning being I have ongoing physiotherapy and am awaiting a referral to cardiology. 95% of the descriptions in the HP’s reports of why I can’t do certain activities relates to conditions 1 & 2, no category relies purely on condition 3. Even if the referral to cardiology completely cures me of condition 3 (it won’t) l, the relevant consultants for conditions 1 & 2 have confirmed those conditions are life long and won’t change. I have had physiotherapy for condition 2 for my whole life and it is not maintain function the function I do have and will not change my functional ability. I received 25 hours I’d care from SS a week and have done my entire adult life (I.e. the last 15 years).
Is it worth writing for the DWP before a decision is reached or waiting for a decision and having to go through the appeal process (assuming the DM follows the HP’s guidance)?
Many thanks for any advice on this.
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- BIS
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5 years 8 months ago #236469 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP - disputing HP report before decision given
Hi Louise
There is a window for you to write to the Decision Maker but you will need to be quick.Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Just be aware that the length of the award is one of the areas that people have been least successful in challenging.
BIS
There is a window for you to write to the Decision Maker but you will need to be quick.Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Just be aware that the length of the award is one of the areas that people have been least successful in challenging.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Louise
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5 years 8 months ago #236560 by Louise
Replied by Louise on topic PIP - disputing HP report before decision given
Thanks BIS. I think I will contact them tomorrow.
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