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0 Points For Everything
- tremensdelirious
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3 years 8 months ago #262612 by tremensdelirious
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Hi,
My partner got his decision letter through today, 3 weeks after his telephone assessment and has been scored 0 points for everything (we expected enhanced daily living, maybe enhanced but probably standard mobility), despite the nurse on the call saying "I'm not supposed to say this, but I don't think you have anything to worry about with this report".
The decision letter is dated over a week ago, and we still haven't received the copy of the assessment report we called and asked for on the 3rd (several days before the decision letter was written).
The "decision" part of the letter has several inaccuracies and is missing information.
My partner has become non-verbal following receiving this letter which is going to make calling the DWP to speak about this very difficult as they refuse to speak to me without confirming security questions with him first.
It doesn't look as though we're going to receive a copy of the report in time to be able to adequately challenge this decision and I'm not sure what to do now or where to go from here, is there any advice that anybody can offer?
My partner got his decision letter through today, 3 weeks after his telephone assessment and has been scored 0 points for everything (we expected enhanced daily living, maybe enhanced but probably standard mobility), despite the nurse on the call saying "I'm not supposed to say this, but I don't think you have anything to worry about with this report".
The decision letter is dated over a week ago, and we still haven't received the copy of the assessment report we called and asked for on the 3rd (several days before the decision letter was written).
The "decision" part of the letter has several inaccuracies and is missing information.
My partner has become non-verbal following receiving this letter which is going to make calling the DWP to speak about this very difficult as they refuse to speak to me without confirming security questions with him first.
It doesn't look as though we're going to receive a copy of the report in time to be able to adequately challenge this decision and I'm not sure what to do now or where to go from here, is there any advice that anybody can offer?
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- Catherine
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3 years 8 months ago #262613 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic 0 Points For Everything
Hello termensdelirious,
The first thing I would say is try not to be too discouraged. I have certainly long since lost count of the number of people I have supported who were initially awarded 0 points for everything, and then gone on to get the correct award.
The next step, as I suspect you know, is to make a Mandatory Reconsideration request. Whilst it is possible to do this without seeing the assessment report, it is much better if you have a copy so you know what you are aiming at.
You say that your partner has become non-verbal, which hits me to the core that a wrong decision can have an effect like that. Hopefully he is however able to sign a letter for you. What I would suggest is that you write a letter similar to this, which is a variation of one we use at work. It means that the DWP will speak to me about someone else’s claim without me being there.
Letter of Authorisation
I, (insert your partner’s name) of (his address and postcode)
National Insurance No:
Date of Birth
Have asked (your name) of (your address and postcode) to represent me in connection with my claims with the DWP.
I authorise the DWP to supply the above representative with all information about my claim.
I request that you address all correspondence to my representative at the above address.
Signed:
Date:
At the same time, and in the same envelope write saying that you wish to request a Mandatory Reconsideration of the recent PIP award decision and remember to give his NI number. Then say that you have previously requested a copy of the PA4 form, but you are yet to receive it, and you will be unable to make an informed submission to support the Mandatory Reconsideration request until you have received it. Therefore you request that they give you at least a month to submit additional evidence after you have received the PA4. Because you have included your partner’s authority with that letter you can sign it he would prefer not to.
Once the letter of authorisation is on his file at the DWP you will be able to ring up and speak to them.
I hope that helps, and please do come back to us if you have any more questions,
Catherine
The first thing I would say is try not to be too discouraged. I have certainly long since lost count of the number of people I have supported who were initially awarded 0 points for everything, and then gone on to get the correct award.
The next step, as I suspect you know, is to make a Mandatory Reconsideration request. Whilst it is possible to do this without seeing the assessment report, it is much better if you have a copy so you know what you are aiming at.
You say that your partner has become non-verbal, which hits me to the core that a wrong decision can have an effect like that. Hopefully he is however able to sign a letter for you. What I would suggest is that you write a letter similar to this, which is a variation of one we use at work. It means that the DWP will speak to me about someone else’s claim without me being there.
Letter of Authorisation
I, (insert your partner’s name) of (his address and postcode)
National Insurance No:
Date of Birth
Have asked (your name) of (your address and postcode) to represent me in connection with my claims with the DWP.
I authorise the DWP to supply the above representative with all information about my claim.
I request that you address all correspondence to my representative at the above address.
Signed:
Date:
At the same time, and in the same envelope write saying that you wish to request a Mandatory Reconsideration of the recent PIP award decision and remember to give his NI number. Then say that you have previously requested a copy of the PA4 form, but you are yet to receive it, and you will be unable to make an informed submission to support the Mandatory Reconsideration request until you have received it. Therefore you request that they give you at least a month to submit additional evidence after you have received the PA4. Because you have included your partner’s authority with that letter you can sign it he would prefer not to.
Once the letter of authorisation is on his file at the DWP you will be able to ring up and speak to them.
I hope that helps, and 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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- tremensdelirious
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3 years 8 months ago #262624 by tremensdelirious
Replied by tremensdelirious on topic 0 Points For Everything
Thank you very much for your reply Catherine, you’ve given me some hope that the situation may yet be resolved. I do have a couple more questions I was hoping you may be able to help with;
1. On the decision letter, under ‘How I made my decision’ it states:
"I looked at all of the information available to me, including:
- the "How your disability affects you" form
This told me the type of help, and how much help you need..."
However, under the "My decision" section of the letter, it states:
"I made my decision using information about your health condition or disability including details of any treatment, medication, test results and symptoms. This information is the best available and enough to decide how much help you need.".
This seems conflicting to me, as they initially seem to suggest only the "How your disability affects you" form has been used to make their decision, yet they suggest that they have accessed his medical records later on in the letter. Should I ask for copies of this information that is "the best available" to be sent along with the missing PA4 in my letter? We had no copies of medical records to send along with the "How your disability affects you" form, and as per the instructions on the letter we did not request any specifically as it was my naive understanding at the time (and written on the letter) that the DWP would be doing this on his behalf if necessary.
Is there an argument to be made that if the decision maker has stated they have used details of treatment, medication, test results and symptoms but they have not accessed medical records, requested any reports such as my partners autism assessment or a GP report, and the nurse doing the assessment would not even allow my partner to finish reading his list of previously prescribed medications that they cannot possibly have used the “best available” information and that their efforts to provide an accurate decision have been insufficient?
2. On the decision letter, under "If you disagree with a decision" it states that we can ask them to explain why. In your experience is this explanation something additional to the PA4 medical assessment that I should also ask for in the letter?
3. Even without a copy of the PA4 assessment report, the information provided in the decision letter under the “My decision” heading clearly indicates that either the decision maker has ignored information from the telephone assessment, or the nurse performing the assessment has outright lied on several points, which I’m unsure how we’ll defend considering my partner was unwilling to covertly record the assessment. Is there any other information we can ask for to help us challenge this decision?
It is incredibly disheartening to read the decision letter. I was present during the telephone assessment and the nurse seemed to be incredibly kind and understanding, explaining that her father has Asperger's so she knew the struggles that people with autism can face. However, it’s clear from the information provided with the decision that the nurse outright lied in many places – such as clearly acknowledging during the call that she could tell he was incredibly anxious and uncomfortable as well as asking if he would like to take a break (which he foolishly declined as she each time she explained that it would “only be a few more minutes” and he replied that he “wanted to get it over with”) – to reporting that he “did not sound anxious, agitated or tense”.
1. On the decision letter, under ‘How I made my decision’ it states:
"I looked at all of the information available to me, including:
- the "How your disability affects you" form
This told me the type of help, and how much help you need..."
However, under the "My decision" section of the letter, it states:
"I made my decision using information about your health condition or disability including details of any treatment, medication, test results and symptoms. This information is the best available and enough to decide how much help you need.".
This seems conflicting to me, as they initially seem to suggest only the "How your disability affects you" form has been used to make their decision, yet they suggest that they have accessed his medical records later on in the letter. Should I ask for copies of this information that is "the best available" to be sent along with the missing PA4 in my letter? We had no copies of medical records to send along with the "How your disability affects you" form, and as per the instructions on the letter we did not request any specifically as it was my naive understanding at the time (and written on the letter) that the DWP would be doing this on his behalf if necessary.
Is there an argument to be made that if the decision maker has stated they have used details of treatment, medication, test results and symptoms but they have not accessed medical records, requested any reports such as my partners autism assessment or a GP report, and the nurse doing the assessment would not even allow my partner to finish reading his list of previously prescribed medications that they cannot possibly have used the “best available” information and that their efforts to provide an accurate decision have been insufficient?
2. On the decision letter, under "If you disagree with a decision" it states that we can ask them to explain why. In your experience is this explanation something additional to the PA4 medical assessment that I should also ask for in the letter?
3. Even without a copy of the PA4 assessment report, the information provided in the decision letter under the “My decision” heading clearly indicates that either the decision maker has ignored information from the telephone assessment, or the nurse performing the assessment has outright lied on several points, which I’m unsure how we’ll defend considering my partner was unwilling to covertly record the assessment. Is there any other information we can ask for to help us challenge this decision?
It is incredibly disheartening to read the decision letter. I was present during the telephone assessment and the nurse seemed to be incredibly kind and understanding, explaining that her father has Asperger's so she knew the struggles that people with autism can face. However, it’s clear from the information provided with the decision that the nurse outright lied in many places – such as clearly acknowledging during the call that she could tell he was incredibly anxious and uncomfortable as well as asking if he would like to take a break (which he foolishly declined as she each time she explained that it would “only be a few more minutes” and he replied that he “wanted to get it over with”) – to reporting that he “did not sound anxious, agitated or tense”.
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3 years 8 months ago #262649 by denby
Replied by denby on topic 0 Points For Everything
Dear tremensdelirious, although it is yet another thing to do at such a challenging time, if you can manage it please inform his health professionals [CPN, GP, counsellor, whoever] about this terrible effect on him, and ask them to record it fully in their notes. At least then in future if you decide to complain in any way it will be 'official'.
My very best wishes to you both for him to recover soon from this utterly unjustified hammer blow.
Denby
My very best wishes to you both for him to recover soon from this utterly unjustified hammer blow.
Denby
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3 years 8 months ago #262667 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic 0 Points For Everything
Hi tremensdelirious
By the sounds of things you have been sent a standard decision maker letter, it is quite rare for decision makers to contact doctors/ psychiatrist for medical evidence, it does happen but not often.
You do need a copy of the assessors report (PA4). The assessment report will give you an insight into how the decision maker has arrived at their decision.
Once you get the report 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.
Gary
By the sounds of things you have been sent a standard decision maker letter, it is quite rare for decision makers to contact doctors/ psychiatrist for medical evidence, it does happen but not often.
You do need a copy of the assessors report (PA4). The assessment report will give you an insight into how the decision maker has arrived at their decision.
Once you get the report 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.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 8 months ago #262712 by an ex nurse
Replied by an ex nurse on topic 0 Points For Everything
Hi, exactly the same phrase appeared word for word on my decision letter about looking at all the information and it being the best available. I presume this is a standard phrase they use and has little meaning.
Sending all good wishes to you
Sending all good wishes to you
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