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Ios = informal observations
- Catherine
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4 years 2 months ago #256001 by Catherine
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Replied by Catherine on topic Ios = informal observations
Oh Sunshine I never ever guess how things are going to go. I have been wrong too many times, in both directions. Statistically, it is something like 18% of MR's are successsful, but about 80% of appeals. If you have evidence from your GP that has to help. But then PIP is based on the affects that your memory loss has on the various aspects of your life, rather than the memory loss itself.
It seems to me as if you a fighter, so hopefully, if you don't win at this stage you will take it through to appeal. Remember, all the people who won at appeal started off by failing at MR.
Regarding your point about what they can tell of memory loss on a phone call. My very limited experience of people with short term memory loss is that they can remember things from a while back, which you are likely to be asked on a phone assessment, and things which have just been told, i.e. you know the question you are answering in that moment. Short term memory seems to impact on areas which are unlikely to be exposed during an assessment. But that is only based on my very limited untrained personal observations.
One step forward at a time...
Catherine
It seems to me as if you a fighter, so hopefully, if you don't win at this stage you will take it through to appeal. Remember, all the people who won at appeal started off by failing at MR.
Regarding your point about what they can tell of memory loss on a phone call. My very limited experience of people with short term memory loss is that they can remember things from a while back, which you are likely to be asked on a phone assessment, and things which have just been told, i.e. you know the question you are answering in that moment. Short term memory seems to impact on areas which are unlikely to be exposed during an assessment. But that is only based on my very limited untrained personal observations.
One step forward at a time...
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jo
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4 years 2 months ago #256004 by Jo
Replied by Jo on topic Ios = informal observations
Hi Sunshine
Oh I do love their informal observations! Particularly those they make over telephone assessments (eye roll)
I had very similar issues both in my own face to face assessments and in telephone assessments I supported my stepdaughter and her boyfriend with. I am autistic and with my own I struggle to cope with my anxiety. In my assessment they wrote I was able to communicate and my tone and everything was normal but didn’t include that of the 2 people supporting me one had to rephrase questions for me and that I had a meltdown during the assessment where I screamed and hit and bit myself! The reason for the meltdown was that the assessor skipped quickly through the engaging with others questions and I hadn’t been able to answer and I couldn’t tell the assessor my answer. Mine went right through to tribunal, a DWP presenting officer was present for the tribunal and I was sat in the waiting room holding a penguin teddy on my forehead shouting I hated the milky bar kid and calling him swear words (I’m not able to communicate when I feel anxious or stressed using words, I used to be mute at those times as I didn’t recognise the feelings and progressed straight to shutdown but with better recognition of feelings I now come out with echolalic sayings which indicate to those who know me well that I’m anxious - the milky bar kid ones are when things are really bad) - anyway the presenting officer conceded that my award was wrong before I got into the room.
With the telephone assessments the DWP decided that my stepdaughter could engage without support. She hadn’t been able to take the call when she had been away from home as she didn’t have my support and at the beginning of the call she didn’t understand a question and started to cry and I had to take over and support her to continue. She had written answers in front of her and still needed me to step in. They also stated that she wasn’t anxious as she didn’t “sound” anxious. So in the mandatory reconsideration I wrote it was impossible to fully assess the presentation and these observations could only be assumptions. I also asked them to clarify what an anxious and agitated person should sound like as I felt that comment was actually discriminatory in that it is like saying an autistic person doesn’t look autistic - meaning with hidden conditions you simply cannot always see the way a person is feeling. Particularly as the assessor did not ask if she was anxious and that I had said she was very anxious which is why she cried!
Simply what I’m trying to say is that there are times that the decision reasoning can show the assessor does not understand the conditions and rather than make you look stupid explaining why the observation is incorrect and why on the basis of how your condition affects you doesn’t make you look stupid, it actually makes them look stupid. Such as a presenting officer having to concede the decision is wrong prior to tribunal.
I realise a lot of my reply is about my experience, however I just wanted you to know that you’re not alone in this experience and that you have the right to disagree and to challenge these decisions. Unfortunately it happens too often and can be very stressful but the right decision will be found. Just be prepared that mandatory reconsideration is often frustratingly unsuccessful but an appeal to an independent tribunal has a high success rate as simply a lot of the DWP arguments do not stand up! The more evidence you have can only strengthen your position further.
Good luck with it
Oh I do love their informal observations! Particularly those they make over telephone assessments (eye roll)
I had very similar issues both in my own face to face assessments and in telephone assessments I supported my stepdaughter and her boyfriend with. I am autistic and with my own I struggle to cope with my anxiety. In my assessment they wrote I was able to communicate and my tone and everything was normal but didn’t include that of the 2 people supporting me one had to rephrase questions for me and that I had a meltdown during the assessment where I screamed and hit and bit myself! The reason for the meltdown was that the assessor skipped quickly through the engaging with others questions and I hadn’t been able to answer and I couldn’t tell the assessor my answer. Mine went right through to tribunal, a DWP presenting officer was present for the tribunal and I was sat in the waiting room holding a penguin teddy on my forehead shouting I hated the milky bar kid and calling him swear words (I’m not able to communicate when I feel anxious or stressed using words, I used to be mute at those times as I didn’t recognise the feelings and progressed straight to shutdown but with better recognition of feelings I now come out with echolalic sayings which indicate to those who know me well that I’m anxious - the milky bar kid ones are when things are really bad) - anyway the presenting officer conceded that my award was wrong before I got into the room.
With the telephone assessments the DWP decided that my stepdaughter could engage without support. She hadn’t been able to take the call when she had been away from home as she didn’t have my support and at the beginning of the call she didn’t understand a question and started to cry and I had to take over and support her to continue. She had written answers in front of her and still needed me to step in. They also stated that she wasn’t anxious as she didn’t “sound” anxious. So in the mandatory reconsideration I wrote it was impossible to fully assess the presentation and these observations could only be assumptions. I also asked them to clarify what an anxious and agitated person should sound like as I felt that comment was actually discriminatory in that it is like saying an autistic person doesn’t look autistic - meaning with hidden conditions you simply cannot always see the way a person is feeling. Particularly as the assessor did not ask if she was anxious and that I had said she was very anxious which is why she cried!
Simply what I’m trying to say is that there are times that the decision reasoning can show the assessor does not understand the conditions and rather than make you look stupid explaining why the observation is incorrect and why on the basis of how your condition affects you doesn’t make you look stupid, it actually makes them look stupid. Such as a presenting officer having to concede the decision is wrong prior to tribunal.
I realise a lot of my reply is about my experience, however I just wanted you to know that you’re not alone in this experience and that you have the right to disagree and to challenge these decisions. Unfortunately it happens too often and can be very stressful but the right decision will be found. Just be prepared that mandatory reconsideration is often frustratingly unsuccessful but an appeal to an independent tribunal has a high success rate as simply a lot of the DWP arguments do not stand up! The more evidence you have can only strengthen your position further.
Good luck with it
The following user(s) said Thank You: denby, Gary, Nicol, Sunshine99, Shannon
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- Sunshine99
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4 years 2 months ago #256043 by Sunshine99
Replied by Sunshine99 on topic Ios = informal observations
Thanks for that jo
I just don’t understand why they make it such a struggle. I has my ESA telephone other day and totally different experience. The assessor was so knowledgeable of my conditions which made a difference in a good way within the call. You would think with the amount of people that take DWP to tribunal and win that something would get done with the system to make it less stressful for the claimant.
Will update when I hear from pip MR
Sunshine
I just don’t understand why they make it such a struggle. I has my ESA telephone other day and totally different experience. The assessor was so knowledgeable of my conditions which made a difference in a good way within the call. You would think with the amount of people that take DWP to tribunal and win that something would get done with the system to make it less stressful for the claimant.
Will update when I hear from pip MR
Sunshine
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- denby
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4 years 2 months ago #256057 by denby
Replied by denby on topic Ios = informal observations
Hi Sunshine99, the UK gov't has been slated by international observers for its hostile attitude. It suits the Ministers' political agenda to make out that everyone on any benefit is a lazy scrounger, no-one is as disabled as they say they are, no-one needs foodbanks, all refugees get given colour TVs etc etc. Unfortunately for everyone who battles through and wins Tribunal there are some who just can't manage it and this is what 'they' bank on. If Tribunal were not independent, as they are, hardly anyone would win IMHO. Sorry for any offence to any reader but there is plenty of fact in what I have written. I'm just glad you had such a good experience with your other assessment.
Best wishes, Denby
Best wishes, Denby
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- Tragobon
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4 years 2 months ago #256062 by Tragobon
Replied by Tragobon on topic Ios = informal observations
Was there any comment on the report why they felt there was no memory loss? The comments I received was that I knew what medications I was on. But when one has their prescription in their hand at the time and reads them off it is not evidence of memory loss. If you can think of anything else that maybe they asked you where you may have referred to your form or other documents you had with you at the time of the telephone call then it may be a good idea to mention this. I prepared for my assessment thinking it was good to do that so had everything to hand!
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- MrFibro
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4 years 2 months ago #256067 by MrFibro
Replied by MrFibro on topic Ios = informal observations
Hi Sunshine,
I have a samsung galaxy s8 android phone.
My question is! how do i record any assessors / or assessments on my phone..how do i do it. Thanks.
I have a samsung galaxy s8 android phone.
My question is! how do i record any assessors / or assessments on my phone..how do i do it. Thanks.
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