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TOPIC: possible pip reconsideration and appeal

possible pip reconsideration and appeal 4 months 2 weeks ago #194282

Hello everyone,

Ive just had my pip assessment medical and it was worse than the horror story I was expecting. Having filled in the form for my pip claim as per your guides I knew it was done brilliantly. The assessor didn't like my answers though saying to me " are those your favourite words " when I was explaining the activities that I couldn't do safely or repeatably and pain free. and the medical carried on the whole way through with that type of contempt from her and me protesting all the way through. So ive already complained to the centre manager and also atos. I think it will be a bad report based on her treatment of me and I have a couple of queastions that id be very grateful for help with for this poss pip appeal etc

1/ Do Atos always ask for ( I'm aware they don't always ask ) any factual reports from GPs or consultants etc prior to the medical or could they ask for them after my medical

2/ Would there be any chance of the Heath proffesional who done my medical not having any relevent medical qualifications making possible grounds of appeal if it comes to that . It was strange at the medical I received no examinations of any sort and even though ive physical and mental disabilities.The heath proffesional said she was a disability analyst but would not understand the reports I offered to show her and declined to accept them. I ask because ive heard at the DWP the case manager would have no medical qualifications also .

Thanks in advance. David

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possible pip reconsideration and appeal 4 months 2 weeks ago #194302

Hi David,

I'm sorry that your face2face assessment was not carried out with the professionalism you were entitled to expect. However, don't give up hope! We have given up trying to guess the final decision from the way the f2f was conducted!

Have you requested a copy of the report? DWP usually send these out on request and it can save time if you do need to ask for a reconsideration.

I believe that the claimant's medical practitioners are contacted in only about 25% of cases. Even then, GP's often don't return them or do not supply much information. I think it is unlikely that anyone would be contacted after the f2f has taken place.

DWP stance is that all assessors have been trained to carry out that specific job, no matter what their background qualifications. However, it can give an edge at appeal if the assessor can be shown to have absolutely no prior understanding of the claimant's general problems (if a physiotherapist has assessed someone with severe mental health issues, for instance).

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your PIP without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it helps us enormously - and I hope you will find it useful too :)

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Mrs Hurtyback.

possible pip reconsideration and appeal 4 months 2 weeks ago #194333

Thank you Mrs Hurtyback,

The past few weeks have been really stressful so im not going to ask for the report just yet. I need a break from this stress etc . I saw a post you made about a week or so ago in which you said its possible to ask for it when I phone for a mandatory reconsideration (if that need arises ) and I can also say when I make the reconsideration that I will post the extra information when I get it. , giving me extra time also so the way I see it , its still possible to make the reconsideration Providing all the evidence but avoid the worrying of seeing the
report. I think its a trade of worth the time saving at the moment.

Thanks again Mrs Hurtyback also for the other information ,its very helpful . ive bookmarked page and ill keep you posted

David
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possible pip reconsideration and appeal 4 months 1 week ago #194492

Hi David, my husband had a very similar experience at his face to face, the " woman" has no concept of his condition at all, made no reference to it or medication that he has to take. It was like an interrogation rather than assessment. We are now going for a mandatory reconsideration. I hope everything works out for you.
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possible pip reconsideration and appeal 3 months 3 weeks ago #195746

Just received my decision about my pip. I received no points for anything not mobility or the daily living part also so now im going to ask for the manditory reconsideration. and I have some questions and I would be grateful for help with these.

I had filled in my application using the great guides here and I was extremely happy with the way I had answered the questions, it took me three weeks of an hour each morning to do and included all sorts of specialist reports and I was sure that I would pass both parts of the pip test filling in that I couldn't do things safely and reliably or pain free etc . When I attended my medical it was a nightmare, the woman was against me from the start and even though I answered each question with yes but and explained my difficulties being not being able to do them reliably or pain free and also repeatedly when the decision came in it made no mention of this and so no points were awarded . The medical examiner refused to look at my reports also so I complained to atos in writing on the day also about the way the assessment was carried out..

I will apply for a reconsideration using the template guides here and modify it to my situation but im wondering how in depth I should go at this stage. For example I had a brain injury and have been in institutions should I send further evidence of this ( the DWP have already some of these reports, the examiner refused to look at further ones I was trying to show her, also I have a MRI scan of my spine which was also refused to be looked at by the examiner but the DWP have a copy )

Thanks in advance.

David

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possible pip reconsideration and appeal 3 months 3 weeks ago #195749

davuck

Have you requested a copy of the assessment report? If not contact the DWP office dealing with your claim.

The Decision Letter should include the Decision Maker's Statement of Reasons explaining how they came to their conclusions, this should give you an idea of where to start with your response.

The level of detail is up to you and the reasons that you have failed to score. So it may be that you provided adequate explanation in your PIP2 and evidence but it has been assigned less weight than it should have by those assessing, conversely you may have misunderstood the criteria and the content you supplied is just wide of the mark and you need to provide a more detailed explanation.

Sending further relevant evidence may be a good idea, especially if the information they already have has been under valued, just be aware that revision rates at MR are low and you may need to go onto appeal.

Gordon
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Moderators: bro58GordonMrs Hurtyback