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Physical Assessment
- AlexBloomsbury
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6 years 11 months ago #189211 by AlexBloomsbury
Replied by AlexBloomsbury on topic Physical Assessment
Well, the decision's arrived + it's actually worse than I thought. I've not been awarded anything - 0 points for everything other than 4 for mobility. This is down from Enhanced for Mobility and Medium for care in DLA - which was to be reviewed in 2019.
As I've said in earlier posts, the (Medical?) Report seemed to be about a totally different person.
Although this is what I was expecting, the actual decision is still, as I'm sure so many know, utterly devastating. I'm shaking, in shock. £475 less a month,
I'm in the ESA Support Group so that will go/be reassessed + when ???
As I've said in earlier posts, the (Medical?) Report seemed to be about a totally different person.
Although this is what I was expecting, the actual decision is still, as I'm sure so many know, utterly devastating. I'm shaking, in shock. £475 less a month,
I'm in the ESA Support Group so that will go/be reassessed + when ???
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6 years 11 months ago #189240 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Physical Assessment
Alex
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 for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
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;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
Gordon
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 for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
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;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 11 months ago #189493 by AlexBloomsbury
Replied by AlexBloomsbury on topic Physical Assessment
Thanks Gordon - as u can imagine,the report + the decision details are hard to get away from as there is so much that is completely untrue whether the direct opposite of what I've said or, in some cases, completely made up. I can prove a few things - notably not gripping a bag I didn't have (if there are CCTV cameras) + the fact that my L had cannot grip anything - as documented by my GP.
I am confused about 2 things though, the assessor hadn't read the form so the decision was made entirely on her views/observations, ignoring what I'd put on the form completely. Is there any real point in the form - has anyone challenged this as if what the claimant has said isn't considered why not go straight to the assessor?
Re the distance one can walk, the assessor + the DM referred to how long I could walk, not how far: is this the test now? She didn't put what I said anyway but I don't see how the time could be accurate re distance.
Thanks again
A
I am confused about 2 things though, the assessor hadn't read the form so the decision was made entirely on her views/observations, ignoring what I'd put on the form completely. Is there any real point in the form - has anyone challenged this as if what the claimant has said isn't considered why not go straight to the assessor?
Re the distance one can walk, the assessor + the DM referred to how long I could walk, not how far: is this the test now? She didn't put what I said anyway but I don't see how the time could be accurate re distance.
Thanks again
A
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6 years 11 months ago - 6 years 11 months ago #189521 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Physical Assessment
Alex
Unless the assessor has specifically stated in their report that they have not read your PIP2 then I think there is little point in you pursuing this, even if they had not read it before the assessment, they may have done so afterwards! Unless you can show that their report is materially in error as a result of them failing to read it, as opposed to their not agreeing with the content, you are not going to change a DM's view of the accuracy of the report. A Tribunal may take a different view.
The legal test whether the claimant can stand and then how far they can move (walk), however, if you can make a reasonable estimate of the speed that a claimant can walk then it is possible to derive the distance if you know how long they can walk for.
Average walking speeds for a healthy person are 90m/minute and someone walking very slowly would still manage 60m in a minute.
You don't say what you replied to the question.
Gordon
Unless the assessor has specifically stated in their report that they have not read your PIP2 then I think there is little point in you pursuing this, even if they had not read it before the assessment, they may have done so afterwards! Unless you can show that their report is materially in error as a result of them failing to read it, as opposed to their not agreeing with the content, you are not going to change a DM's view of the accuracy of the report. A Tribunal may take a different view.
The legal test whether the claimant can stand and then how far they can move (walk), however, if you can make a reasonable estimate of the speed that a claimant can walk then it is possible to derive the distance if you know how long they can walk for.
Average walking speeds for a healthy person are 90m/minute and someone walking very slowly would still manage 60m in a minute.
You don't say what you replied to the question.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 11 months ago by Gordon.
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6 years 11 months ago #189725 by AlexBloomsbury
Replied by AlexBloomsbury on topic Physical Assessment
Well, in her Report as well as stating the assessment took 61 mins (can prove not by taxi receipts), she also said she took 2 hrs completing it so one would hope she did read the form!
the report does, however, conflict with what I wrote on the form - "she said ......" when I didn't.
The walking bit is difficult, she kept pressing me on times and I said it was impossible for me to say - form says definitely not 200 metres and only 50 with lots of pain etc.
...... have now gone through the Report word for word + even more inaccuracies - I was now carrying "bags"!
the report does, however, conflict with what I wrote on the form - "she said ......" when I didn't.
The walking bit is difficult, she kept pressing me on times and I said it was impossible for me to say - form says definitely not 200 metres and only 50 with lots of pain etc.
...... have now gone through the Report word for word + even more inaccuracies - I was now carrying "bags"!
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6 years 11 months ago #189733 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Physical Assessment
Alex
If you are going to raise issues from the assessment report then try and stick to ones that will lead to points, so as and example; the length of the assessment is not going to help you with this.
Gordon
If you are going to raise issues from the assessment report then try and stick to ones that will lead to points, so as and example; the length of the assessment is not going to help you with this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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