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An assesment eport not consistent with what I said
- 20wicia09
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4 years 8 months ago #250545 by 20wicia09
An assesment eport not consistent with what I said was created by 20wicia09
I got a copy of my medical assessment on Saturday. While reading it the assessor omitted many things that I said or are presented in an inaccurate way and do not reflect the situation. Many things are not relevant to my illness at all. I got 0 points for everything, and most of them are justified by my good mental health and that I don't take any medication to improve my mental health and that I have no muscle problems. My claim was about how my my cardiovascular and heart disease affect my dayli living.
In each activity there is a beginning copied and pasted saying the same thing - About my mental health and muscular system, which has no connection at all with the diseases I have.
If I present all the irregularities that are in the report in my appeal, is there a chance to change the decision?
In each activity there is a beginning copied and pasted saying the same thing - About my mental health and muscular system, which has no connection at all with the diseases I have.
If I present all the irregularities that are in the report in my appeal, is there a chance to change the decision?
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- Gary
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4 years 8 months ago #250548 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic An assesment eport not consistent with what I said
Hi 20wicia09
Welcome to our world, unfortunately we hear your story every day on the forum.
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 state that you received a copy of your 'medical assessment', should contact the DWP for a copy of the 'assessment report' (PA4 v3) 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.
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.
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.
In answer to your question, over 70% of claimants who appeal their decision win, so there is a very good chance to change a decision but it does depend on how you present your condition and how it affects you.
Gary
Welcome to our world, unfortunately we hear your story every day on the forum.
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 state that you received a copy of your 'medical assessment', should contact the DWP for a copy of the 'assessment report' (PA4 v3) 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.
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.
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.
In answer to your question, over 70% of claimants who appeal their decision win, so there is a very good chance to change a decision but it does depend on how you present your condition and how it affects you.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- ELEANOR
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4 years 8 months ago #250580 by ELEANOR
Replied by ELEANOR on topic An assesment eport not consistent with what I said
I have claimed ESA for 17 years. I have ME/CFS and took advice from support groups. After an assessor wrote down something I hadn't said I always take a witness and that witness takes notes is what is said by me and by the assessor. Always make a copy of your completed form before sending it in as well. I hope you win your appeal.
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