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CAN'T AWARD PIP

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6 years 5 months ago #200905 by Angela
CAN'T AWARD PIP was created by Angela
Firstly, I just wanted to say thank you for this amazing site. I joined as a member a while back to help me complete the assessment form. So glad I did as I found it extremely hard to do and it took me many weeks to complete with help from my husband as I battled to answer some questions. I followed the guidelines and samples provided in the all-important document samples on this website and without it, I wouldn't have been able to complete the form accurately. My husband and I completed the form in full detail, provided evidence to support my claims, but when we went for my face-to-face assessment with Capita, the assessor said there was no evidence backing my claim on the system. So he did the assessment without referring to any evidence letters. He told me to send the evidence letters again to the DWP, which I did. I've been on DLA for many years because of my mental health issues - on the higher rate for care, and the lower rate for mobility. I completed the PIP exactly how I completed the DLA forms with the same issues I always have. I completed the new PIP form so that I can still score for the higher rate of daily living needs, and the lower rate for mobility needs. However, upon reading a copy of the Consultation Report Form, the assessor hasn't documented what I said. He's put in his own comments, which I clearly did not say. So as a result, I score 0 points and don't qualify for PIP. I called PIP and explained the issue, and they said I will need to apply to reconsider their decision. Ever so disappointing as the assessor clearly didn't write down what I said. I wish I had recorded the session as then I would have hard evidence that he didn't write down what I said. Why do they do this? So now I have to go through the lengthy, stressful process of asking for a reconsideration and providing evidence (again) as to why I disagree! What a palaver! I have no idea where to begin or even what to do. Can anybody perhaps provide some input to help me appeal. The evidence I have matches my scores (high levels), and after reading the comments of the PIP decision maker, it is evidently clear they did not read my evidence as his report is clearly in the form of a template with no 'customised' sentences that match my evidence claims. Help!

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6 years 5 months ago #200940 by Gordon
Replied by Gordon on topic CAN'T AWARD PIP
Angela

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
The following user(s) said Thank You: Angela

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6 years 5 months ago #200998 by Angela
Replied by Angela on topic CAN'T AWARD PIP
Thanks for your reply Gordon - much appreciated. I will go through the report that they sent me and see where I didn't score points and challenge those - basically the whole questionnaire!

My GP told me that both Capita and Atos have targets to meet (getting people off benefits), and they get rewarded (paid) for every person they reject. So it's a money making thing rather than helping those in dire need. Sick, sick, sick! I am really totally appalled - disgusting! The other thing is, how can they get physiotherapists or other professionals to assess someone that they have no understanding or knowledge of said person's illnesses. That's just stupid. The man who assessed my is a physiotherapist and clearly has no knowledge of mental health issues, hence his report. So annoying! Grrrrrrr .... let me go smash something now to vent this anger!

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6 years 5 months ago #201000 by Gordon
Replied by Gordon on topic CAN'T AWARD PIP
Angela

Your GP is incorrect, assessors are paid a flat rate for preparing an assessment report there is no payment for failing a claimant!

Gordon

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

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6 years 5 months ago #201026 by mf5405
Replied by mf5405 on topic CAN'T AWARD PIP
Angela, I have asked myself the same question too, why do they do it? I too wish I had recorded the session because some of the subjects mentioned in the letter following the assessment were never raised, never mind discussed, some of it was total fabrication.

Anyway, I have asked for a health report and immediately after my call I got a text message confirming that my report had been sent..

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6 years 5 months ago #201753 by Angela
Replied by Angela on topic CAN'T AWARD PIP
Just posted off my Mandatory Appeal Letter today - sent it tracked and recorded via Royal Mail next day delivery - just in case they say they didn't ever receive it I at least have evidence that I posted it. Pretty much repeated everything I said in PIP claim, but just used a marker to highlight paragraphs in evidence letters pertaining to activities. I have very strong evidence and found errors and inconsistencies in the HP assessment report. So hopefully ... things will blow my way for a change. Here's holding thumbs. This whole process has mentally exhausted me, but I'm told that's exactly what they want ... they want you to give up!
The following user(s) said Thank You: Gordon

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