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PIP Mandatory Reconsideration Question
- KAZ2Y5
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3 years 8 months ago #262540 by KAZ2Y5
PIP Mandatory Reconsideration Question was created by KAZ2Y5
Hi
I recently applied for and have been turned down for PIP (0 points in all categories) and I requested a copy of the assessment form that had been used to make the decision following my telephone assessment. Looking at it, parts of the form look to have been completed using an old ESA form not just the PIP form as it contains references to a rabbit I no longer have (he died almost a year ago) and to the fact I used to very occasionally take a taxi to a local shop - which I now no longer do as my conditions have worsened and I have severe anxiety. (I did send an update letter to the DWP in Jan 2020 about several new aspects of my conditions, but not the anxiety which only started worsening again in the past year, but due to Covid investigations & treatment have been slow. I will send another update this month now I have a date for beginning telephone counselling for the anxiety.)
I was not asked about the rabbit or taxis or shops in my PIP telephone assessment (what I did say was that all my shopping is done online, my mum drives me to GP & hospital appointments, & I do not go to local shops or socialise at present due to the anxiety) but references to taking taxis and visiting local shops appear frequently in the assessment. I obviously want to correct these errors in the MR letter but should I say they seem to have referred to an old ESA form and that they were not covered in the telephone assessment, or just correct them and point to the PIP form where I covered my anxiety in detail?
Thanks in advance
GVN
I recently applied for and have been turned down for PIP (0 points in all categories) and I requested a copy of the assessment form that had been used to make the decision following my telephone assessment. Looking at it, parts of the form look to have been completed using an old ESA form not just the PIP form as it contains references to a rabbit I no longer have (he died almost a year ago) and to the fact I used to very occasionally take a taxi to a local shop - which I now no longer do as my conditions have worsened and I have severe anxiety. (I did send an update letter to the DWP in Jan 2020 about several new aspects of my conditions, but not the anxiety which only started worsening again in the past year, but due to Covid investigations & treatment have been slow. I will send another update this month now I have a date for beginning telephone counselling for the anxiety.)
I was not asked about the rabbit or taxis or shops in my PIP telephone assessment (what I did say was that all my shopping is done online, my mum drives me to GP & hospital appointments, & I do not go to local shops or socialise at present due to the anxiety) but references to taking taxis and visiting local shops appear frequently in the assessment. I obviously want to correct these errors in the MR letter but should I say they seem to have referred to an old ESA form and that they were not covered in the telephone assessment, or just correct them and point to the PIP form where I covered my anxiety in detail?
Thanks in advance
GVN
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- Gary
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3 years 8 months ago #262550 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP Mandatory Reconsideration Question
Hi GVN
That does sound strange, I take it you have been sent a copy of the assessors report called PA4 and not a report called ESA 85.
If you have the assessment report called PA4 you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
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.
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, half way down the page 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
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
That does sound strange, I take it you have been sent a copy of the assessors report called PA4 and not a report called ESA 85.
If you have the assessment report called PA4 you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
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.
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, half way down the page 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
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
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- LL26
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3 years 8 months ago #262553 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP Mandatory Reconsideration Question
Hi GVN,
I have just read your post with interest. There may be a bigger issue here. If recent forms and the assessment itself did not discuss the matters to which you refer, then I think you are right, the assessor has somehow cobbled together the answers using the previous assessment. This suggests that he didn't actually perform a proper assessment and may have deliberately just copied the previous answers. May be you should instigate a complaint? Just a thought!
LL26
I have just read your post with interest. There may be a bigger issue here. If recent forms and the assessment itself did not discuss the matters to which you refer, then I think you are right, the assessor has somehow cobbled together the answers using the previous assessment. This suggests that he didn't actually perform a proper assessment and may have deliberately just copied the previous answers. May be you should instigate a complaint? Just a thought!
LL26
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- KAZ2Y5
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3 years 8 months ago #262580 by KAZ2Y5
Replied by KAZ2Y5 on topic PIP Mandatory Reconsideration Question
Hi Gary
Thank you for your detailed reply.
I have checked and it is definitely the PA4 form. I rang and requested an MR on 9th August along with the report form and was told I had 4 weeks from that date to send in my MR form and additional evidence. I received the report form Tuesday and I started to skim through it when I noticed the remark about the rabbit under Social and Occupational History. It is worded in the present tense, and I definitely was not asked about him as I would have explained that he had sadly passed and I now have no pets.
I then started to notice other inconsistencies and errors - under almost every decision they mention me going shopping and using taxis - two things which I do not do and haven't done for at least 2 years. The report also states that I am not receiving specialist help for my anxiety yet they note earlier that I am waiting for a start date from my local mental health counselling service. It's all very odd.
I have read your advice and will start going through the report in detail tomorrow and drafting a reply to DWP over the next few days - it looks like it may be quite a lengthy reply to them.
Thanks again
GVN
Thank you for your detailed reply.
I have checked and it is definitely the PA4 form. I rang and requested an MR on 9th August along with the report form and was told I had 4 weeks from that date to send in my MR form and additional evidence. I received the report form Tuesday and I started to skim through it when I noticed the remark about the rabbit under Social and Occupational History. It is worded in the present tense, and I definitely was not asked about him as I would have explained that he had sadly passed and I now have no pets.
I then started to notice other inconsistencies and errors - under almost every decision they mention me going shopping and using taxis - two things which I do not do and haven't done for at least 2 years. The report also states that I am not receiving specialist help for my anxiety yet they note earlier that I am waiting for a start date from my local mental health counselling service. It's all very odd.
I have read your advice and will start going through the report in detail tomorrow and drafting a reply to DWP over the next few days - it looks like it may be quite a lengthy reply to them.
Thanks again
GVN
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- KAZ2Y5
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3 years 8 months ago #262581 by KAZ2Y5
Replied by KAZ2Y5 on topic PIP Mandatory Reconsideration Question
Hi LL26
I was completely gobsmacked when I skimmed through the form. I'll definitely bear in mind lodging a complaint depending on how things go.
Thanks
GVN
I was completely gobsmacked when I skimmed through the form. I'll definitely bear in mind lodging a complaint depending on how things go.
Thanks
GVN
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- denby
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3 years 8 months ago #262644 by denby
Replied by denby on topic PIP Mandatory Reconsideration Question
Hi, and poor you, another innocent victim. I'm not a mod but I would be writing that 'the use of out of date information that clearly conflicts with' your recent form 'demonstrates that the report is not fit for purpose.'
Best wishes, and please do not put up with any more manure from them. I have this theory that the higher the stats of people winning MRs and Appeals, the better campaigners can work to change this disgusting 'system'.
Denby
Best wishes, and please do not put up with any more manure from them. I have this theory that the higher the stats of people winning MRs and Appeals, the better campaigners can work to change this disgusting 'system'.
Denby
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