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Can I appeal PIP medical form before decision has

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6 years 7 months ago #196787 by fwlanza
Hi
I have just received a copy of my PIP medical assessment form after transferring from DLA. I have been on high rate care & mobility for DLA & support group ESA, all based on paper assessments, for the past 6 years and the report is a joke. I have been recommended by medical practitioner !!?? as qualifying for low rate care (9 pts ) & no mobility ( 4pts ).
The assessor did not list any of my medical evidence ( 20 pages sent from 4 consultants and a GP letter) as he did not read it.
He listed my medical conditions just briefly, with incorrect dates for first diagnosis, did not list my medications ( 16 different tablets with total of 23 tablets a day taken ), claimed I was on mild pain medication ( 400mg slow release tramadol, 1000g Naproxen daily + 10mg amitriptilyne 2/3 time a week at night for pain ) , took no account of my diagnosis of bipolar , diagnosed by consultant in 1996 with several boughts of suicide attempts , saying no mental health examination was needed.
Also, 2 heart attacks, with 2 stents in RCA, which both blocked , leaving me not a candidate for CABG, but treated with 7 different medications and my heart working at 70% were not taken into account.
Add very bad fibromyalgia and torn cartilidge in left knee, leaving me walking with crutches, but I can walk up to 200 metres according to him
Do I have to wait for actual decision or can i request mandatory reconsideration just on medical report which is confused, unreadable in places , contradictory ( as he only observed me walk 40 metres he says) and down right full of lies compared to what my wife & I said
Sorry for rant, but could use with help. Many thanks

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6 years 7 months ago #196814 by Gordon
Fred

You can write now to the DWP with your concerns about the report, there is a small window between them receiving the report and their making a Decision, but you cannot challenge the Decision until it is made.

Gordon

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

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6 years 7 months ago #196883 by fwlanza
After having calmed down a bit and going to the depths last night, I have written a letter of complaint to DWP and emailed a copy to Atos ( or whatever they are called now ). Reading the report again, the form is totally incoherent with no punctuation and bad grammar. Also, the note from the functional history have been copied & pasted word for word into his observations.Most boxes have 3 or 4 lines of text, and even though I am bipolar and was diagnosed in 1996 with a history of many relapses, he didnt even do any mental health assessment.
Amazingly, when he writes about the medical examination he claims to have done on me ( which took less than 2 minutes ), he has completed an entire page, clear, concise, perfectly punctuated and grammatically correct, even though half the things in the medical I told him I could not do due to my conditions and the pain it caused.
I would not be suprised if he had lifted this entire examination from elsewhere and pasted it into the report, as it reads as if someone else entirely had written this.

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6 years 7 months ago #196906 by Gordon
Fred

Complaints about the assessment need to go to ATOS and if you want, a copy to the DWP.

If you are going to criticise the report, then concentrate on matters that are directly to your scoring or not scoring points, whilst poor spelling and grammar may suggest that the assessor is unprofessional, it's not something that is going to lead to an award.

Gordon

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

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6 years 7 months ago #197442 by fwlanza
Having sent a formal letter of complaint to DWP & ATOS, have received acknowledgement from ATOS and today a phone call from DWP decision maker.
She acknowledged my complaint made and then asked if I sent any supporting medical evidence with my PIP form. I said that I had sent 20 pages along with the completed form, and had even asked health professional at F2F if it was there, as I had full copies with me. He said yes, but now turns out that they lost my medical evidence before it could be scanned into system, so she is putting a hold on decision and I have resent evidence, with cover note ( inc name/NI/DoB on every sheet, as last time ) registered, signed for next day delivery.
If I had not complained when I did, it might never have come to light.
So, I have some hope again as all previous DLA & ESA claims have been paper based for High rate DLA & ESA support group.
They are so inefficient!!
The following user(s) said Thank You: Gordon

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