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PIP MR - best approach
- adam33
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4 weeks 2 days ago #296011 by adam33
PIP MR - best approach was created by adam33
I got zero'd on the PIP assessment as usual, I'm late for an MR but the DWP case manager said it sounds like they'd allow a late one based on the DWP's behaviour
they have sent me the report through, on the first read through I've only spotted one outright lie
I've got a recording, whats the best way to approach putting together the MR? I'm thinking of breaking it down question by question and doing a spider diagram for each with what i said, I suppose I could summarise my answers first then compare the two
I'm inclined to wait until appeal stage to tell them I have a recording so they can't do "this assessment was a freak occourance we'll do you another assessment", so that they have an appeal going to tribrunal with evidence of deceit on their part ideally, any downside with doing this? is that the kind of thing a judge won't like?
I was awarded LCWRA, at the assesment for that the doctor said "you've done very well" at the end, I haven't asked for a copy of that report yet, the PIP assesment & decision was done before the WCA took place but that has been done now so it sounds like they can use the answers from WCA for some of the PIP questions
they have sent me the report through, on the first read through I've only spotted one outright lie
I've got a recording, whats the best way to approach putting together the MR? I'm thinking of breaking it down question by question and doing a spider diagram for each with what i said, I suppose I could summarise my answers first then compare the two
I'm inclined to wait until appeal stage to tell them I have a recording so they can't do "this assessment was a freak occourance we'll do you another assessment", so that they have an appeal going to tribrunal with evidence of deceit on their part ideally, any downside with doing this? is that the kind of thing a judge won't like?
I was awarded LCWRA, at the assesment for that the doctor said "you've done very well" at the end, I haven't asked for a copy of that report yet, the PIP assesment & decision was done before the WCA took place but that has been done now so it sounds like they can use the answers from WCA for some of the PIP questions
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- Gary
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4 weeks 1 day ago #296054 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP MR - best approach
Hi adam33
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
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
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- adam33
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4 weeks 1 day ago #296060 by adam33
Replied by adam33 on topic PIP MR - best approach
Thanks Gary, that's very helpful, I explained in great detail how I was able to do some limited things despite disability and she has gone ahead and included them as evidence that I can do the things, like prepare a main meal, whether she realises that means from scratch is not clear, but that is all there in the recording, me explaining how I can open a pack of pre chopped veg, empty it into a bowl and put that in the microwave for instance, exactly the same info I gave the WCA (I know the descriptors are different but they asked very similar things, questions about whether I can get it together to change my bedding are not work-related really), the WCA was very different, it was doctor and I didn't feel like she was trying to catch me out or put words in my mouth whereas the pip lady did that a lot, seemed to be exploiting peoples tendancy to downplay issues, I really had to say "no, it's like this..." a lot
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4 weeks 1 day ago #296061 by adam33
Replied by adam33 on topic PIP MR - best approach
another thing worth mentioning is that the case manager downplayed the significance of the assessment, she said "it's just a snapshot", when previously the DWP said "we just rubber stamp the report" and the assessor that time said "the DWP decide".
the GP hasn't filled in the questionaire they sent her, just signed the bottom, then they've included the last 6 months of my medical records, the DWP said a lot of GP's are doing this now, a bit mad when people are literally starving to death when they don't get PIP, I don't know if this is decided at a practice level, I know they want to charge for PIP statements, the surgery told me the GP fills in this form anyway so it didn't seem necessary, I wrote to the GP with all my answers and said she could phone if she needed clarification of anything, I'd already described all conditions in detail to her
the GP hasn't filled in the questionaire they sent her, just signed the bottom, then they've included the last 6 months of my medical records, the DWP said a lot of GP's are doing this now, a bit mad when people are literally starving to death when they don't get PIP, I don't know if this is decided at a practice level, I know they want to charge for PIP statements, the surgery told me the GP fills in this form anyway so it didn't seem necessary, I wrote to the GP with all my answers and said she could phone if she needed clarification of anything, I'd already described all conditions in detail to her
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