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No tests/tasks to check memory/processing for PIP

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6 years 10 months ago #188622 by Millie'smum
Hello. We are appealing refusal of our daughter's claim for PIP after it replaced her DLA. She has received this since middle school (she's now nearly 24). During the Face to Face Medical Assessment, the assessor did not check her cognitive abilities with respect to her Short Term memory problems, processing/understanding of information etc. She has language disorder/learning difficulties and has just been reassessed privately as an adult. what tests should have been performed at the assessment for these conditions? DWP did not request any evidence from her previous Speech and Language Therapist, her Family Support Workers, Health Visitor or Doctor. Thank you for any advice you can give.

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6 years 10 months ago #188637 by Gordon
Millie'smum

You can certainly argue that failing to vary out any tests for these issues undermines the assessment report but unfortunately there are no prescribed tests that those assessing her have to carry out.

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

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

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.

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.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 10 months ago #188665 by Donna2512
Hello Millie's Mum.
At my son's assessment the assessor asked him what was the name of his last school and what is 100-7 and from this the DWP considered him to have no cognitive or memory difficulties :S This was in spite of reports from SALT, Ed Psych, OT and a specialist school detailing his needs in these areas. My son has autism,selective mutism and the usual co morbids.
The fact that he answered these two questions when he couldn't answer any others (he has an appointee) was used to consider him to have no communication difficulties either.
It's a farce tbh,the assessment isn't geared towards people with invisible difficulties, the reports from professional involved in their care (and who have been involved for years most likely) are given no weight but a snapshot judgement from someone who may have no knowledge or understanding of the claimants difficulties more has been taught how to carry out the assessment is considered the primary source of information......you couldn't make it up really:angry:

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