- Posts: 45
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- Pip mr decline letter has arrived !!!!!
× Members
Pip mr decline letter has arrived !!!!!
- Sunshine99
- Topic Author
- Offline
Less More
4 years 1 month ago #257485 by Sunshine99
Pip mr decline letter has arrived !!!!! was created by Sunshine99
Hi guys
Apologies for lengthy post in advance but I’m gobsmacked
I wish I could just screen shot this lol
Anyway this is what they say .......
all questions were answered appropriately and I remained focused throughout...evidence does not support a significant memory restrictions..... we decided you can eat manage treatments read and go out. We decided you do not need supervision for preparing food. Your letter says you need assistance to get in and out of the shower ..... you have no restrictions with grip as you can use a walking stick and drive a car !!!!!!!! We have considered your ESA assessment and at both assessment you weee able to recall past and present detail with clarity unaided and did not need prompting to stay on track...... pile of bollocks .... I was umming and long pauses .... I had paperwork in front of me
Ok now I porobably won’t get enough points for enhanced daily living but I don’t care it’s the principle. The dwp cannot treat people like this so I am going to appeal even if they move my 8 points to 10 I will be happy I recorded my assessments which clearly show that it wasn’t recalled with clarity lol
1. recorded it on my iPad and I’m prepared to submit it to appeal to show I wasn’t clear and they are lying but I’m struggling to transcribe it I’ve tried on Microsoft 365 but it says not Authenticated anyone any ideas of how I get do it please ?
2. I know there is a risk of loosing but I requested in my MR that they look at the length of award and that’s not commented in
3. My gp done a letter saying I had memory problems and I wasn’t “safe” in the kitchen and they just say that you drive a car blah blah blah
4. Therefore my forgetting medication and having reminders on my phone and husband reminding me doesn’t matter
He put we acknowledge you have back pain and have difficulties blah blah blah
I sent all the medication side effects that I was on and they are memory loss short term
Anyway as I say bring on the appeal I will be reading up on here first though
Sunshine99
Apologies for lengthy post in advance but I’m gobsmacked
I wish I could just screen shot this lol
Anyway this is what they say .......
all questions were answered appropriately and I remained focused throughout...evidence does not support a significant memory restrictions..... we decided you can eat manage treatments read and go out. We decided you do not need supervision for preparing food. Your letter says you need assistance to get in and out of the shower ..... you have no restrictions with grip as you can use a walking stick and drive a car !!!!!!!! We have considered your ESA assessment and at both assessment you weee able to recall past and present detail with clarity unaided and did not need prompting to stay on track...... pile of bollocks .... I was umming and long pauses .... I had paperwork in front of me
Ok now I porobably won’t get enough points for enhanced daily living but I don’t care it’s the principle. The dwp cannot treat people like this so I am going to appeal even if they move my 8 points to 10 I will be happy I recorded my assessments which clearly show that it wasn’t recalled with clarity lol
1. recorded it on my iPad and I’m prepared to submit it to appeal to show I wasn’t clear and they are lying but I’m struggling to transcribe it I’ve tried on Microsoft 365 but it says not Authenticated anyone any ideas of how I get do it please ?
2. I know there is a risk of loosing but I requested in my MR that they look at the length of award and that’s not commented in
3. My gp done a letter saying I had memory problems and I wasn’t “safe” in the kitchen and they just say that you drive a car blah blah blah
4. Therefore my forgetting medication and having reminders on my phone and husband reminding me doesn’t matter
He put we acknowledge you have back pain and have difficulties blah blah blah
I sent all the medication side effects that I was on and they are memory loss short term
Anyway as I say bring on the appeal I will be reading up on here first though
Sunshine99
Please Log in or Create an account to join the conversation.
- LL26
- Offline
Less More
- Posts: 1480
4 years 1 month ago #257500 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Pip mr decline letter has arrived !!!!!
Hi Sunshine99,
Not unexpected, given your previous comments, but still equally devastating when you see everything written down in black and white. I am sorry that you have to have this ordeal. I don't know why claiming benefit has been made so difficult for you, and so many others with disabilities. However, you clearly have the grit and resolve to do something about this. Go for it! Have a good look at the guides, there is a section on appeals. You will need to ask for a Mandatory Reconsideration, which should normally be submitted within a month of the date on your Decision Letter. Hopefully you will have the assessment report already. (I forget if you have or not!) If not, then phone DWP and ask for a copy - it's called PA4. Don't try and criticise everything in the report, find the major points and then use a few strategic bullet points to explain these. If you have anymore medical evidence then send that in too.
You will no doubt know that on occasions a strong MR letter will result in a change of decision, but failing that, if you do need to take the appeal to a tribunal, there is a really good chance of success. Yes, it is totally devastating to be rejected for often unclear, somewhat tenuous reasons, but the important thing is to keep at the appeal, and even though it may take a while and effort, and at times seem too daunting, you will get there, and you will achieve an award of PIP. Please, please stick at it!
LL26
Not unexpected, given your previous comments, but still equally devastating when you see everything written down in black and white. I am sorry that you have to have this ordeal. I don't know why claiming benefit has been made so difficult for you, and so many others with disabilities. However, you clearly have the grit and resolve to do something about this. Go for it! Have a good look at the guides, there is a section on appeals. You will need to ask for a Mandatory Reconsideration, which should normally be submitted within a month of the date on your Decision Letter. Hopefully you will have the assessment report already. (I forget if you have or not!) If not, then phone DWP and ask for a copy - it's called PA4. Don't try and criticise everything in the report, find the major points and then use a few strategic bullet points to explain these. If you have anymore medical evidence then send that in too.
You will no doubt know that on occasions a strong MR letter will result in a change of decision, but failing that, if you do need to take the appeal to a tribunal, there is a really good chance of success. Yes, it is totally devastating to be rejected for often unclear, somewhat tenuous reasons, but the important thing is to keep at the appeal, and even though it may take a while and effort, and at times seem too daunting, you will get there, and you will achieve an award of PIP. Please, please stick at it!
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sunshine99
Please Log in or Create an account to join the conversation.
- denby
- Offline
Less More
- Posts: 1305
4 years 1 month ago #257502 by denby
Replied by denby on topic Pip mr decline letter has arrived !!!!!
Hi Sunshine 99. Backing everything LL26 has said. Just want to add even more encouragement, the lying happens to such a vast proportion of the cases I hear about that it could be seen as positively normal for these people. Do not let them get away with it. Well done for the recording. Sorry can't help you with the tech, hope someone else will be able to. It is worth having, without it we would not have won at Tribunal for our daughter twice running. Even if you have to do it manually and can only manage snippets eg " On the recording it can clearly be heard that I paused for a long while at minutes 7, 16, 23, 25, 31 [etc] because I could not remember the answer to the questions the assessor had asked." As long as you have a way to get a copy onto CD or even tape that you can offer to send to the Tribunal, they will have to believe you or check for themselves.
Every case on here of someone who does go on to get Justice from the Court at Tribunal [or a better offer from DWP under the threat of it] - is another good statistic to encourage more people to fight on, as well as getting you what you should have. Good hunting getting your appeal in by the deadline.
Very best wishes, Denby
Every case on here of someone who does go on to get Justice from the Court at Tribunal [or a better offer from DWP under the threat of it] - is another good statistic to encourage more people to fight on, as well as getting you what you should have. Good hunting getting your appeal in by the deadline.
Very best wishes, Denby
The following user(s) said Thank You: Gary, Sunshine99
Please Log in or Create an account to join the conversation.
- Catherine
- Offline
Less More
- Posts: 1252
4 years 1 month ago #257510 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Pip mr decline letter has arrived !!!!!
Hi Sunshine,
I don't have anything to add to what has already been said, but I wanted to encourage you to use the energy your emotions are giving you to fight for what you believe is your correct award.
Catherine
I don't have anything to add to what has already been said, but I wanted to encourage you to use the energy your emotions are giving you to fight for what you believe is your correct award.
Catherine
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.
- BIS
- Offline
Less More
- Posts: 8966
4 years 1 month ago #257511 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Pip mr decline letter has arrived !!!!!
Hi Sunshine99
I don't know how tech savvy you are. You can sign up to a free account at otter.ai and as long as your file is one of the following: audio: mp3, aac, wav, m4a, wma - it will turn the audio to text for you. Unfortunately for the free account, you can only load up 40-minute files, but if you can make a copy and then delete part of the recording you could manage it. Otherwise, you might have to pay someone to transcribe it for you.
Regarding your appeal - you will need to tackle the 'grip' issue head- on because it will invariably come up, so you need to be ready to explain the differences in your grip for different activities and why that might be. The panel are more likely to be sympathetic on this matter than the DWP, however - they have been known to follow the same thinking that if you can manage a car and drive it safely then you can also manage other similar jobs. I'm not suggesting they're right, just alerting you to the fact, that you need to have your arguments very clear.
BIS
I don't know how tech savvy you are. You can sign up to a free account at otter.ai and as long as your file is one of the following: audio: mp3, aac, wav, m4a, wma - it will turn the audio to text for you. Unfortunately for the free account, you can only load up 40-minute files, but if you can make a copy and then delete part of the recording you could manage it. Otherwise, you might have to pay someone to transcribe it for you.
Regarding your appeal - you will need to tackle the 'grip' issue head- on because it will invariably come up, so you need to be ready to explain the differences in your grip for different activities and why that might be. The panel are more likely to be sympathetic on this matter than the DWP, however - they have been known to follow the same thinking that if you can manage a car and drive it safely then you can also manage other similar jobs. I'm not suggesting they're right, just alerting you to the fact, that you need to have your arguments very clear.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby
Please Log in or Create an account to join the conversation.
- Sunshine99
- Topic Author
- Offline
Less More
- Posts: 45
4 years 1 month ago #257514 by Sunshine99
Replied by Sunshine99 on topic Pip mr decline letter has arrived !!!!!
Hi Bis
Thank you I will do the transcribe for free with Otti I’m not tech at all lol
Question
Should I take each descriptor in turn
Or
Tackle what I disagree with
Example
All through the MRN they cross referencing that I have no memory issues as I have not contacted DVLA and I can drive a car and no grip issues because I can drive a car and use a stick.
I just don’t know if to keep repeating myself by taking each descriptor one at a time or the issues itself ? What’s the best route ?
I had no idea I had to inform DVLA with short term memory problems so I will do that . DWP dismissed the GP letter. But I’m sorry just because you have mental health issues doesn’t mean you can’t drive a car but you do need reminding to take medication to drink ect.
I just want the DWP to acknowledge that I do actually have the problems even if they don’t give me the points
Sunshine99
Thank you I will do the transcribe for free with Otti I’m not tech at all lol
Question
Should I take each descriptor in turn
Or
Tackle what I disagree with
Example
All through the MRN they cross referencing that I have no memory issues as I have not contacted DVLA and I can drive a car and no grip issues because I can drive a car and use a stick.
I just don’t know if to keep repeating myself by taking each descriptor one at a time or the issues itself ? What’s the best route ?
I had no idea I had to inform DVLA with short term memory problems so I will do that . DWP dismissed the GP letter. But I’m sorry just because you have mental health issues doesn’t mean you can’t drive a car but you do need reminding to take medication to drink ect.
I just want the DWP to acknowledge that I do actually have the problems even if they don’t give me the points
Sunshine99
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