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Negative PIP assessment help
- KarK
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1 year 6 days ago #285455 by KarK
Negative PIP assessment help was created by KarK
Hi,
I have received letter with negative PIP award (6 points). In my claim I stated the impact loss of concentration (fibro fog) impacts on my everday life as a result of fibromyalgia. Throughout the letter it says there is no diagnosis of a cognitive, learning or sensory impairment, no referrals to the memory clinic and no specialist input from the mental health team. I am in process of writing my Mandatory Reconsideration Notice and have written that I have a confirmed diagnosis of fibromyalgia with which a symptom of this condition is fibro fog. Is there anything else I can say in the letter?
They also state that because I can drive car I therefore have good grip, concentration and focus. It is the assumptions they make that are so wrong. I only go out on short journeys and to familiar places with the aid of a sat nav otherwise I would be lost. Is there anything else I could add to this?
Amazingly however, I have been awarded 2 points for washing and bathing and 2 points for managing toilet needs, which in fairness is a lesser concern than other activities which I find difficult and awarded no points for and as a result I am feeling that am I really entitled to this. As a result of fibromyalgia and also I have chronic nerve pain on right abdomen as a result of a trapped nerve. I stated in this question that I have to be mindful when in bathroom of bending down, twisting as I can trigger a sharp nerve pain which is very painful, I wonder if you agree if this appropriate for points as although I feel the system is very wrong for assessing at the same time I do not want to be in the wrong but they have agreed based on my statement that I need points for this.?
Finally, is there any way that I can request a copy of my telephone assessment. I found the process incredibly unfair. When trying to answer the questions the caller kept saying is that a yes or no and you cannot answer that simply. He also said I sounded okay on the phone but I told him I was in a lot of pain and stuck in bed throughout the consultation.
I apologise for this list of questions but I am so confused and upset and more than anything totally exhausted.
Thank you in advance for your kind help
I have received letter with negative PIP award (6 points). In my claim I stated the impact loss of concentration (fibro fog) impacts on my everday life as a result of fibromyalgia. Throughout the letter it says there is no diagnosis of a cognitive, learning or sensory impairment, no referrals to the memory clinic and no specialist input from the mental health team. I am in process of writing my Mandatory Reconsideration Notice and have written that I have a confirmed diagnosis of fibromyalgia with which a symptom of this condition is fibro fog. Is there anything else I can say in the letter?
They also state that because I can drive car I therefore have good grip, concentration and focus. It is the assumptions they make that are so wrong. I only go out on short journeys and to familiar places with the aid of a sat nav otherwise I would be lost. Is there anything else I could add to this?
Amazingly however, I have been awarded 2 points for washing and bathing and 2 points for managing toilet needs, which in fairness is a lesser concern than other activities which I find difficult and awarded no points for and as a result I am feeling that am I really entitled to this. As a result of fibromyalgia and also I have chronic nerve pain on right abdomen as a result of a trapped nerve. I stated in this question that I have to be mindful when in bathroom of bending down, twisting as I can trigger a sharp nerve pain which is very painful, I wonder if you agree if this appropriate for points as although I feel the system is very wrong for assessing at the same time I do not want to be in the wrong but they have agreed based on my statement that I need points for this.?
Finally, is there any way that I can request a copy of my telephone assessment. I found the process incredibly unfair. When trying to answer the questions the caller kept saying is that a yes or no and you cannot answer that simply. He also said I sounded okay on the phone but I told him I was in a lot of pain and stuck in bed throughout the consultation.
I apologise for this list of questions but I am so confused and upset and more than anything totally exhausted.
Thank you in advance for your kind help
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- Gary
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1 year 6 days ago #285458 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Negative PIP assessment help
Hi Kark
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
The first thing you need to do is contact DWP and ask for a copy of the assessors report called a PA4.
When you have the assessors 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
In regards to the driving part of your question and PIP; LL26 wrote a very good post which I pinned to the forum; benefitsandwork.co.uk/kunena/10-dla-esa-...8543-pip-and-driving.
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
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
The first thing you need to do is contact DWP and ask for a copy of the assessors report called a PA4.
When you have the assessors 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
In regards to the driving part of your question and PIP; LL26 wrote a very good post which I pinned to the forum; benefitsandwork.co.uk/kunena/10-dla-esa-...8543-pip-and-driving.
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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