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PIP just got refused.

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4 days 22 minutes ago #313353 by Adrian
PIP just got refused. was created by Adrian
Hello,

I have just joined here again after a very upsetting and frankly joke of a pip refusal letter just arrived!

I can only speak briefly at the moment as i am still very much in shock, not just at the refusal but at the total disregard for all of my conditions and frankly total lies in the refusal letter.

I have Autism and severe OCD, with severe anxiety and i can’t go out on my own without severe psychological distress.
Yet the refusal letter has given me absolute zero points on everything and said i wasn’t anxious at all on the phone.

I am gobsmacked and don’t know what to do, my wife was going to claim carers allowance and now we have nothing, just UC.

I don’t know how to explain myself or what to do next, what is the point with zero points and lies from them?

Adrian

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3 days 15 hours ago #313362 by latetrain
Replied by latetrain on topic PIP just got refused.
Hi Adrian

It must have come as a shock, the first thing you need to do is contact the 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, don't use grey words such as 'likely to worsen over time', when completing a form it should be in black and white.

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: Adrian

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3 days 12 hours ago #313367 by Adrian
Replied by Adrian on topic PIP just got refused.
Thank you Gary for your reply.

I think it will take a while for us to get our heads around this, its been so hard having the telephone assessment and waiting since the beginning of December.

To get zero points on everything was a total shock, it seems such a waste of time, laying all my problems out in front of this person just to find out they weren’t even listening.

Makes me feel like a fake and a liar..

I don’t know if i have any fight left in me to deal with even more of this.
I certainly wouldn’t be able to go to a tribunal as i can’t even leave the house.

Its horrible being treated like this.

When i had the phone assesment i got a text to say the dwp had received the report, so i phoned them to get a copy of it and after 45 mins waiting in a queue on the phone they hung up on me, then after another hour waiting i got through to them and they seemed surprised that i was asking for a PA4 form and put me through to someone that sounded like he was in a cupboard who told me to hold the line and then cut me off. So i gave up.
They also didn’t send me a link for the recording that i asked them to do.

Now it has took them 10 days to send me the letter of refusal which was dated 4th April, how would i get this copy of the report within the month they have given me to appeal which would end 4th May?

This is just the beginning, the way they have just glossed over all of my conditions and basically said that i am fine and can manage life ok, is disgusting.. things like my Autism is acknowledged but because i don’t have care plans and help in place i can manage. There is no treatment for Autism, i am so hurt by this.

Thanks for listening

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1 day 17 hours ago #313415 by BIS
Replied by BIS on topic PIP just got refused.
Hi Adrian

I am sorry this has happened to you. In my personal opinion the DWP and the assessment services they use have limited knowledge of conditions such as Autism and you are not alone as being told you can manage because you don't have a care plan. They hide behind this while knowing that there are limited services across the country and therefore there are thousands of people who do not have a care plan. And even if you had one, it would not guarantee that you were receiving the help that it might say you need.

Now I know this has come as a horrible shock to you, but one thing I want you to try and do. You know you are not a fake or a liar, and you have to try to dismiss this from your mind. Someone who knows nothing about you has just given their opinion and scored you zero and every point, and it's an opinion you vehemently disagree with. But they are a stranger, and it's unfortunate, but please don't waste your time or your energy being upset by someone you don't know. You don't have control over what they say, but you can try and control what you feel. You have every right to be angry and upset, but don't make yourself ill over this. You need that energy to concentrate on building up your mental health or fighting back. I know you currently feel you can't and I'm not saying you should. You have to do what feels right for you - but I implore you to use whatever energy you have on something positive for you and not on some idiot that doesn't know you. I know there are money issues and it's not easy to put those aside - but the only way you can overcome that is to fight back. Is it worth it? Only you can decide that. Will you win? I don't know - but plenty of people have overturned decisions even if they have to go on to an Appeal. I know you said you couldn't do an appeal because you couldn't attend -- but you can always request a paper-based decision.

But back to your current situation. Ring and ask for a copy of the PA4. I know you got cut off, and it's aggravating, but you need that report. Although you are supposed to put in your Mandatory Reconsideration within one month of the decision letter. You can do it now, or you can put in a late submission in which case you have 13 months from the date on your decision letter. Be aware you have to explain why you are sending in a late submission and you tell them you could not get hold of the PA4 report. You need to know now that Mandatory Reconsiderations are not easy to win. Obnly 27% are successful - so if you do it and you don't win - do not take it personally. At Appeal it is a more positive story because over 67% are successful and that's because they have a doctor and a disability expert on the panel..

I assume that although you asked for your assessment to be recorded you didn't take your own recording? We always ask people to record themselves if they can because it is all too easy for the assessors to say something went wrong with the recording.\

When you filled out your form, did you use our guides to complete it? You said you feel as if you explained a lot about your condition and I wonder why the assessor got the wrong idea of your condition. It could just be wilful ignorance on their part, in which case you need to say that they were mistaken and misunderstood. It sounds like the assessor was fixated on no care plan, but have you had any involvement with services? It doesn't matter whether the answer is yes or no; you just need to explain why and point to the evidence of why you require help, even if it's not currently on offer.

I will stop for you. Your first decision is do you want to fight this? No pressure - it's entirely up to you. If you decide to go ahead and you have some questions - come back and ask and we will try to help where we can

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, Adrian

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1 day 12 hours ago #313434 by Adrian
Replied by Adrian on topic PIP just got refused.
Thank you BIS for your good advice there, and really nice words, its really appreciated..

I got in touch with Autism west midlands and they have referred me to disability resource centre, i have a telephone appointment on monday with them, i will let you know how it goes.

I just feel like i need help with the process, its all so complicated and geared against us.

I am also following all of the advice here and going to come up with a plan after my phone call on monday.

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19 hours 13 minutes ago #313456 by LL26
Replied by LL26 on topic PIP just got refused.
Hi Adrian,
Unfortunately there are many people like yourself with autism, or indeed very obvious physical disability who scored zero points. It seems that this is just a facet of the system. (It almost seems every N th claim or whatever is just randomly given zero!) This means it certainly isn't personal at all. So please don't consider it so. Both BIS and Late Train have given excellent advice. I want to also confirm that even though you may not succeed at MR stage, winning at tribunal is very possible and getting zero to enhanced rate is very doable.
I note that you have arranged an appointment with an advice centre, this is really good. In the meantime, if you haven't done a disability diary please do this, or get someone at home to help.
Basically this will be a break down if your day...
Here's an example (using various health problems)
Mon 1st
Poor night's sleep last night. Very tired
Got up at 9.30 am wanted to wear my green shirt couldn't find it. Screaming at wife. I felt very angry. Where was my shirt?
Wife calmed me down and suggested I write the yellow shirt.
Wife helped me to the toilet as my leg pain was really bad and I couldn't really lift my leg. She steadied me to get to the loo.
I dropped a cup at breakfast. The coffee scalded me, but luckily not seriously.
The postman came and delivered a parcel. It wasn't mine. I freaked out and screamed at the postman to take it away. My wife calmed me. It took her 19 minutes to calm me.
etc etc
Be brutally honest. Include good things too. Do the diary for a week, but don't worry if you can't. This will really help the advisor understand your condition.
I hope this helps.
Lease don't give up.
LL26

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