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Evidence at MR stage

  • Onceuponatime6789
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3 years 9 months ago #261317 by Onceuponatime6789
Evidence at MR stage was created by Onceuponatime6789
Hi guys,

I received 0 points for a mental health problem at assessment.

I went and got a GP's assessment after that (this was conducted after the assessor's decision) and sent it in with my MR.

I've just seen somewhere though that new evidence can't be considered in my MR if it is dated after the assessor's decision. Am I screwed? The GP's assessment was based upon and refers to my medical notes over the time of my claim and my condition hasn't changed.

I sent in everything I could before their decision, so there's no way I could get any other evidence that wouldn't be dated after their decision.

Many thanks

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3 years 9 months ago - 3 years 9 months ago #261326 by Gary
Replied by Gary on topic Evidence at MR stage
Hi Danielle

That is not correct, new evidence can be considered after the assessors decision if it is to do with your current conditions such as you are waiting for a consultant report or support letter, what they don't take into account is if you have a new condition that you become aware of after your assessment.

Have you requested a copy of your assessors report (PA4)? I understand that you have already applied for a MR, if you get knocked back then the next stage is to appeal and the PA4 will come in handy if you have not already asked for it.

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.

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;

Lastly, 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.

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.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 years 9 months ago by Gary.
The following user(s) said Thank You: Onceuponatime6789

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3 years 9 months ago #261341 by denby
Replied by denby on topic Evidence at MR stage
Hi, I put 'new' evidence in writing to contest daughter's PA4, specifically to combat the assessor's untruth. She said Tramadol was for moderate pain, I added in the NHS own page on it where it says 'for severe pain'. Also pointed out many other errors and omissions and wrong assumptions. Daughter got Enhanced on both as she had before, and would not have off that PA4 as it stood. I am still enjoying the relief at not having to do MR and Appeal!
Best wishes, Denby
The following user(s) said Thank You: Gary, Onceuponatime6789

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