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PIP - Assessment Report

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4 years 1 month ago #256931 by hefnur
PIP - Assessment Report was created by hefnur
Hello,

I'm a new member here and have downloaded all the guides and will try to digest them over the coming days - however I wonder if I can ask for a little advice (and feel free to send me to the relevant guide please!) as I consider if I should request mandatory reconsideration or not. I currently have the assessors report only, and while I understand this is not the final decision, I also understand it goes a fair way towards it.

The assessor has missed out the effects of some of my conditions and also drawn some interesting conclusions which, if possible, I would like to challenge.

Mobility - the assessor states that while another descriptor could be relevant she has selected the one she has 'because falls have not required hospital treatment in the last 12 months'. Is hospital treatment from a fall a requirement? I have fallen multiple times resulting in sprained ankle, bruising, etc however have treated at home based on the fact that getting through to NHS 24 is damn near impossible, I'm not going to waste a doctors time when I have suitable medication and bandaging, etc at home and, well, I don't go to A&E unless my head is hanging off at the best of times...never mind in the middle of a pandemic.

Cooking/Taking Nutrition/Medication - the assessor selected no assistance required (or similar) for these descriptors after drawing the conclusion that because I can drive, I can be reasonably assumed to be able to do these activities without aid or assistance despite having aids prescribed to by my hand physio and hand OT. This was given as a reason for not selecting a different option. Now while I do hold a driving license I have not driven for over eight months, and when I did I had an automatic car with push button start, automatic hand break and always drove one handed due to lack of grip strength/pain (which I did let her know) - oh and I passed my test approx 20 years ago before my hand functionality became a problem.

Are these reasonable conclusions for an assessor to draw? If so, I'll take what I'm given and be happy - however the falls not requiring hospital treatment as a reason to drop points (for a better word) just feels wrong. Surely it is based on the possibility of this happening on a busy road, walking upstairs, kerbs, etc.

Many thanks for any and all help given.
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4 years 1 month ago #256953 by Catherine
Replied by Catherine on topic PIP - Assessment Report
Hello Heather and welcome to the forum.

The assessors report is only their opinion, if you agree with their opinion then you don’t need to do anything, if you don’t then say so.

You will need to do more than just say you don’t agree, but say why the conclusion they came to does not match your reality, giving real world examples.

If you have not yet had the decision letter then you can write to the DWP saying why you believe the assessor is wrong, but you need to state that your letter is not a request for a Mandatory Reconsideration (MR). Your letter will be added to the file and should be read by the Decision Maker (DM) along with the assessor’s report.

When you receive the decision, if you do not agree with what you have been awarded that is the time to request a MR.

Hope that helps, please do come back to us if you have any more questions.
Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 1 month ago #256966 by Tragobon
Replied by Tragobon on topic PIP - Assessment Report
Hi Heather, if you do need to challenge the cooking/taking nutrition/medication, it would be a good idea to think of the differences between driving an automatic car and carrying out the above tasks. For example, if you have powered steering, the dexterity required to turn the wheel using both/one hand, is very different to the dexterity required to lift pans from a cooker, peel potatoes, bending down to get hot trays out of the oven etc. Also holding a knife and fork is a very different grip than holding a wheel in the car. Think about taking medication too, how do you manage the blister packs that most medications are supplied in, how you manage to remember what and where which medications need to be taken when and whether they have to be taken before or after food. These are just examples to get you to think about how you manage these different tasks compared to how you manage to drive. I must admit, this is the first time I have heard comparisons of driving a car and cooking a meal...... I wish you luck with your application.
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4 years 1 month ago #256978 by hefnur
Replied by hefnur on topic PIP - Assessment Report
Both, thanks so much for your input and advice it really is very much appreciated. I've now written a letter countering the statements that I feel are a bit 'interesting' in terms of the conclusions that they have drawn.

The driving and food prep seemed to be going to show that I had functional pinch grip/strength to drive and therefore could do other tasks. My ability to write was also considered to show pinch grip - which is fair, mainly because it's in the opposite arm from the one I have issue with. However the tasks included all require two hands with functional grip strength, or in my case aids, adaptations and assistance to achieve, which is where I have taken issue.

Do you have an opinion on falls only being considered on the grounds of safety for descriptors if a visit to hospital/A&E was required?

Given that these are part and parcel of my condition and therefore my life, I'm pretty well versed in fixing myself and don't feel the need to go to the treatment room/hospital for every cut or sprain. Is it only considered a safety issue if you regularly break bones or similar (perhaps through another condition or just bad luck and falling the wrong way)?

I'm purely asking out of interest because in my mind the safety aspect should be considered by what could happen, not by the fact that I've been pretty lucky over the last year to escape serious injury (I have given examples of the various injuries I've had in my letter, and also explained that other outcomes could have happened had I not either had someone with me or simply been lucky). However, I appreciate the DWP and it's guidance may look at it very differently and would be interested to know others opinions.

Side note - this is a really interesting and helpful site/board and I'm glad to have found it.
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4 years 1 month ago #256987 by BIS
Replied by BIS on topic PIP - Assessment Report
Hi Heather

Regarding your falls: The fact that you have not been to A&E in the last 12 months in my view gives little indication of the seriousness of your condition. If you are falling within your house, then it is a safety and reliability issue and it needs to be taken into account and if I was putting in for an MR I would mention it as one of the points and I would reiterate that it is not practical to keep ringing the hospital, but it doesn't lessen what you have to deal with.

No, the assessor is not right to assume that because you can drive that you are able to do similar things and you should argue just as you did so. It has been made quite clear from Tribunals that they are not supposed to discriminate against people who can drive. More importantly, you are not driving - so you can challenge it. The argument is always that if you can steer a car, you can then do the same things in the kitchen when preparing food, but it's not the same set of motor skills.

BIS

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4 years 1 month ago #257058 by hefnur
Replied by hefnur on topic PIP - Assessment Report
BIS - I'm glad you think so as well. It did seem a bit strange to me that they didn't consider them because you hadn't become a 'frequent flier' to casualty or the like.

Thanks all for the replies and letting me know that I was on the right train of thought. As suggested I've sent off a letter which will hopefully be considered at the same time as the assessment report and it's showing up on the Royal Mail website as signed for this morning. Do you know if I should expect to get a text from DWP confirming receipt or should I take it that the signature is enough?

Now I shall just wait and see what the outcome is, however at least I've managed to do some of the groundwork for a Mandatory Reconsideration request should it be needed. Thanks again folks.
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