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Hello and my Pip review assessment joys

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2 years 3 weeks ago #278445 by Flipeteeflop
Hello and my Pip review assessment joys was created by Flipeteeflop
Hello there.
As im new to the forum i thought i would say hi and make a post that i can add to as i make my way through Mandatory Reconsideration and inevitably, tribunal.

No shock horrors about this situation, i am aware many others have also had what can politely be put as, less than fair, professional, and even truthful assessment reports.
As i am new, I am unaware if the forum has lurkers that try to put 2 and 2 together and catch claimants out asking for advice here, so, despite having nothing to hide i will speak in more general terms unless im told its ok to put details.

After waiting over 12 months from.AR1 submission to finally getting a phone assessment, i was more than a little relieved, but anxious and wary going into assessment day.
Unfortunately due to personal circumstances (a life in turmoil over that year) i had not done the due dilligence i had the first time around, many years back. I was unaware that calls could be recorded, so did not ask for one. That has bitten me big time. I did however think to take some notes of what i was asked and my answers to the points i replied with on the day.

I had enhanced living and mobility stripped from me, and barely made standard living rate.

I asked for a copy of the report and got it 5 weeks later, but had already started the process of mandatory reconsiderstion before the deadline and am now trying to hit the "evidentiary deadline for my rebuttal".

The HP, lied.
I was told their occupation, and this is listed as something else on the report. The last section where it is supposed to be written again is blank.

The HP has;
lied about what has been said,
Fabricated conversations
misrepresented what was said,
omitted key points vital to how my disability affects me

Put a diagnosis down that i have not got
Omitted an actual diagnosis
Not given any history of one diagnosis, instead referring the reader to the history section for the information
Gotten information about another diagnosis wrong
Not listed medications despite having a presctiption slip
Ignored current health issues
Contradicted themselves by saying i do not have cognitive impairment, and have no evidence of cognitive impairment, yet ticked the cognitive impairment box on the last page
They have also stated i do meet the criteria for a couple of descriptors because i not suffer from complications from "x" condition. The reason for that, is i do not have "x" condition at all, and it certainly is also not listed in my history and Diagnosis section.

What i find most eggregious, during the assessment, the HP asked me to describe my difficulties for a scenario, whilst ignoring the difficulties for one of my conditions. It had been explicitly explained earlier on in the assessment that my conditions simultaneously create issues, so i reapondes that my health issues cannot be turned off and on for a fantasy answer.
They demanded an answer, and needless to say i proceeded to do so with extreme caution. Explicitly repeating throughout, the best hypothetical answer i could give, that it does not reflect reality, as my other condition impacts me x,y,z at the same time which have a cumulative effect.
The HP however has very kindly not mentioned what was asked, my protestations, or written any of my answers in relation to any of the issues raised for the condition they demanded i ignore. Instead they have presented an inacurate, fantasy land of me having zero issues for certain tasks, because the overwhelming factor is the ignored condition.


I am currently in the process of responding, line by line to the report with the viewpoint it will end in tribunal . I will write a short summary of the inaccuracies in the report, and also submit my rebuttal of what is the vast majority of 32pages. I will also be creating my Mandatory Reconsideration, as a sister document, to be read alongside the Rebuttal.

It was Capita, if anyone would like to know.

I am now obviously a member, and have been trawling through the vast amount of detail on site to help me with this. So far it has been a great help, and highlighted bits i had actually missed the first 50 times reading this pure fiction of a report.

Thanks for reading if you got this far, and to all who offer their time and expertise, you are all saints.

I have no advise to seek yet, but i am sure this will change as it progresses. Please feel free to comment as you wish anyway, or just say hi.

Kind Regards and thanks for having me

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2 years 3 weeks ago #278453 by Gary
Replied by Gary on topic Hello and my Pip review assessment joys
Hi Flipeteeflop

Thank you for your post, you are not alone with what has happened to you.

Now you have the assessment report 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 'in my opinion' 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., remember they are just an opinion which is not based on fact.

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; benefitsandwork.co.uk/guides-for-claimants/pip

For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp

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
The following user(s) said Thank You: Flipeteeflop

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2 years 3 weeks ago #278460 by Flipeteeflop
Replied by Flipeteeflop on topic Hello and my Pip review assessment joys
Many thanks for the comprehensive reply Gary, it is much appreciated.
I can, through my history and using common sense dismantle many opinions of the HP.
My driving for an example was the reason given for being able to do pretty much any task including gripping utensils. I am only ohysically capable of driving 4 times a month and i have Historic evidence to that with pip, along with annual MOT which records mileage to prove i drive very little each month. I also have steering aids which i utilise that do not require grip, therefore it is wrong to assume i can grip a knife safely at all times. Let alone that washing your hair does not use the same movements as driving, which i am only capable of doing 4 tines a minth anyway.


I cannot prove what was said and not written down, but as it has never changed, it will have been in the initial forms and the AR1, and i have the notes taken.
I can of course prove the errors on the report.
Stating that I dont suffer from COPD complications, therefore can walk for example, doesnt cut the mustard when you take into consideration i have never had COPD, nor claimed to of had it.

I will write up the MR as best i can, and post back.
Thanks for your help.

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2 years 3 weeks ago #278470 by denby
Replied by denby on topic Hello and my Pip review assessment joys
Firstly Hi and welcome Flipeteeflop. I do think it is worth sending in a concise complaint to Capita and openly copied to your MP. [As well as tackle the MR to be safe]
I suggest informing them that the report is 'Not Fit for Purpose' due to the key errors among those you have listed. You could suggest [it certainly sounds like it!] that it appears the assessor has confused someone else's documents with your assessment. You also have good grounds for complaint in that it took them five weeks to get the report out to you, when you should have had it far more quickly.

It's a pain -it is whatever happens - but if they went for re-doing the assessment you could of course insist on a recording, plus set up your own covert one [quite legal] because they so very often "lose" theirs!
Best wishes and looking forward to hearing how you get on,
Denby
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2 years 3 weeks ago #278522 by Flipeteeflop
Replied by Flipeteeflop on topic Hello and my Pip review assessment joys
Thanks Denby,
I dont feel the assessor has mixed my claim up, i feel the HP has been a lazy so and so and not bothered to even read their own report, or the evidence they have to hand.
You cannot, as the HP did, list tachycardia as being the diagnosis, when this in itself is a relatively benign symptom.
My actual diagnosis is Tachycardia-bradycardia syndrome, a completely different thing, with very different, more severe symptoms. The two are not comparable as conditions, even if it does have the same word in it.

Apparently it took 70 minutes to compile, yet the way my History has been written it is almost as if the HP did not bother to type up their notes, just leaving them as typed whilst on the phone and, when i went into too much detail, decided not to bother writing anymore, or not to include key evidence, and went with a selection of 1 or 2 sentences of what was said which did not even reflect the overall conversation.
Its truely so badly written, with so many spelling errors and sentences that do not make sense at all, that It must have been typed as I was speaking, or a robot typed it and inserted words of best fit for sentences.

I do not have COPD, but do get breathless for example, and dizzy, cannot catch my breath and gasp for air. If this happens i normally faint.

An assumption i have made is the HP is so under qualified to understand my condition, let alone how it affects me, that they are using terms of best fit for my symptoms from a nugget of information they read once that was a COPD complication. So decided to use that term, without having any understanding of its meaning at all.

I have a sentence that reads as following:
"She states she wakes up at something, and can feel okay".
What is anyone supposed to gleam from this information, and why would anyone not edit this in proof reading stage?!
To say it is a professional up to standard report is a big stretch!

I have complained to PIP about the fact i asked for the report twice within that 5 week period, 2 copies were apparently sent out, uet i received the second requesr one (dated coversheet) and still have not had the first.
I was told it is not our problem, its a postal issue, we do not control the post and cannot complain to us about it or hold the postal service against us.

I have started drafting a complaint about the report, but the MR takes priority currently and i will revisit when i can.

I appreciate the rest of your advice and it is duely noted. I have learnt my lesson, ans apparently conference calls can be made during phone assessments so you have a corroborating withness. I will not only record, but do this also next time.

Thanks again
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2 years 3 weeks ago #278570 by Rosie
Replied by Rosie on topic Hello and my Pip review assessment joys
Be assured you are not alone. The same thing happened to me when I first applied for PIP. The DWP phoned me to say that I had scored no points at all and I broke down completely. My mum grabbed the phone from me and gave the person chapter and verse on what their call had done to me and how I struggle on a daily basis. The following day I phoned and was told that my claim had been successful and an award letter was on its way to me!!! When I mentioned the phone call of the previous day I was told that they had no record of it. Don't give up. Do the MR and then do the appeal if that doesn't work. Channel your anger into a positive attack on their position just as Gary suggests. Stay as strong as you can be. Good luck and take care. xx
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