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The report is completely different?
- Amy
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6 years 1 month ago #207969 by Amy
The report is completely different? was created by Amy
Hi, today I received back my letter to be told that I scored 0 points when reading the facts that the report was written on it’s completely different to what was spoken about with the assessor? I don’t get how it can be so different. I know I need to ask for a reconsideration but it’s really knocked my mental health and I’ve not been able to sleep all night with everything going through my head.
I’m struggling with writing a letter where I don’t sound bitchy because I’m complaining how everything we spoke of had either been put down wrong or the person who has then done the report has done the complete opposite of what has been said?
In all honesty how many people are successful at the reconsideration stage as I don’t know how much fight I have left in me.
I’m struggling with writing a letter where I don’t sound bitchy because I’m complaining how everything we spoke of had either been put down wrong or the person who has then done the report has done the complete opposite of what has been said?
In all honesty how many people are successful at the reconsideration stage as I don’t know how much fight I have left in me.
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6 years 1 month ago #207987 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic The report is completely different?
Amy
I'm afraid your comments about the report are not that unusual.
Whether you will be successful with an MR will to a considerable extent depend on how well you completed the original forms, I realise that this is counter intuitive but the better your original response the less likely you are to overturn the Decision.
So whilst the DWP quote an MR revision rate of 30%, we don't see anything like this is in the forum with figures under 10%. However, the success rate at appeal is more than 60% and we see a far higher rate.
I would also advise you to have a look at the following
www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge
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
I'm afraid your comments about the report are not that unusual.
Whether you will be successful with an MR will to a considerable extent depend on how well you completed the original forms, I realise that this is counter intuitive but the better your original response the less likely you are to overturn the Decision.
So whilst the DWP quote an MR revision rate of 30%, we don't see anything like this is in the forum with figures under 10%. However, the success rate at appeal is more than 60% and we see a far higher rate.
I would also advise you to have a look at the following
www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge
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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- Amy
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6 years 1 month ago #207990 by Amy
Replied by Amy on topic The report is completely different?
Hi Gordon,
Thank you for your reply. I wrote an MR today using the template available. I tried my very hardest to not criticise the assessor too much but just stating certain facts like how I was so anxious and upset even the receptionist offered me a glass of water. Even though the assessor said that I wasn’t anxious. I really wish that these assessments were recorded so that this type of thing couldn’t happen. They also said I didn’t show any sign of being dizzy even though when the assessor asked me to bend over I couldn’t because I felt light headed so was told to sit and do it. This was at the very end of my assessment. I wrote in my reply saying about the sitting down and that as it was at the end of my assessment the assessor couldn’t see that I was actually dizzy for several hours after.
I haven’t requested a copy of the report yet should I do this now or wait until I hear back from my MR?
It’s so unfair to put the complete opposite to what was spoken. But I guess there isn’t anything we can do about this?
Thank you for your reply. I wrote an MR today using the template available. I tried my very hardest to not criticise the assessor too much but just stating certain facts like how I was so anxious and upset even the receptionist offered me a glass of water. Even though the assessor said that I wasn’t anxious. I really wish that these assessments were recorded so that this type of thing couldn’t happen. They also said I didn’t show any sign of being dizzy even though when the assessor asked me to bend over I couldn’t because I felt light headed so was told to sit and do it. This was at the very end of my assessment. I wrote in my reply saying about the sitting down and that as it was at the end of my assessment the assessor couldn’t see that I was actually dizzy for several hours after.
I haven’t requested a copy of the report yet should I do this now or wait until I hear back from my MR?
It’s so unfair to put the complete opposite to what was spoken. But I guess there isn’t anything we can do about this?
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- Gordon
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6 years 1 month ago #207997 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic The report is completely different?
Amy
I would ask for the assessment report, it will give you a better understanding of how the Decision was made and where your claim form was perhaps deficient.
Gordon
I would ask for the assessment report, it will give you a better understanding of how the Decision was made and where your claim form was perhaps deficient.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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