- Posts: 1
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- PIP health report not reflective of the call,
× Members
PIP health report not reflective of the call,
- Carly
- Topic Author
- Offline
Less More
4 years 8 months ago #250292 by Carly
PIP health report not reflective of the call, was created by Carly
Today I was told by a CAB advisor that I should just put in a basic MR as only 2% are successful, this in spite of me telling him I recorded the call and there is a lot of information that I gave that ATOS advisor has completely disregarded.
Ironically I only recorded it due to short term memory loss but they dispute that I have memory issues even though it is a trait of one of my disabilities.
So my question is, have a made a booboo by telling CAB that they where no good to me if they weren’t going to support me in fighting every step of the way? I appreciate I may have to go to appeal but surely it needs raising that there are inconsistencies and the report they made the decisions on is not factual, there isn’t even a comment about the Consultant of GP report that I included
Ironically I only recorded it due to short term memory loss but they dispute that I have memory issues even though it is a trait of one of my disabilities.
So my question is, have a made a booboo by telling CAB that they where no good to me if they weren’t going to support me in fighting every step of the way? I appreciate I may have to go to appeal but surely it needs raising that there are inconsistencies and the report they made the decisions on is not factual, there isn’t even a comment about the Consultant of GP report that I included
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
4 years 8 months ago #250294 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP health report not reflective of the call,
Carly
I hope you understand but I will not comment either way on the CAB.
Is the MR process effective, clearly not given the number of successful appeals but we do regularly hear from members who have got the original Decision revised by an MR.
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
I hope you understand but I will not comment either way on the CAB.
Is the MR process effective, clearly not given the number of successful appeals but we do regularly hear from members who have got the original Decision revised by an MR.
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
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David