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5 years 10 months ago #212712 by jayjaybal
Brothers PIP was created by jayjaybal
I wondered if things could go as badly for my brother as they did for my husband; they've gone worse! :ohmy: :angry:

There are about 100 people in the country with his condition, the OT admitted she had never heard of it. Not that surprising really but not the best start.

The condition makes it very difficult to interact with people, he refused to come downstairs to see her for a few minutes but then he did and spent the entire assessment in tears, barely able to speak but apparently his MSE was normal, he wasn't tense or distressed.

She said she could tell he was in a lot of pain and didn't even mention the physical checks during the assessment. Lo and behold there are a complete raft of physical results including crouching to the floor and standing upright again!

He wanted to show physically her a couple of the side effects of his medication, she must have said no, don't, i don't need to see it up to 20 times. So he didn't show her and because she's refused to look she's marked him lower.

This one is not going to be pretty but I'm feeling very little guilt this time! Wish me luck! xx

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5 years 10 months ago #212737 by Gordon
Replied by Gordon on topic Brothers PIP
julesbal

If the report is so at odds with the assessment then make a formal complaint to the Assessment Provider, it will add weight to any discussions you have with the DWP.

Gordon

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

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5 years 10 months ago #212750 by jayjaybal
Replied by jayjaybal on topic Brothers PIP
Thanks Gordon.

Who actually employs Atos as assessment providers? Is it the DWP? I'm asking because the decision maker who conducted the MR stated that we had produced no evidence to support his claim? I'm planning on arguing that the evidence was there in front of the HCP but she chose to lie about it! Sort of proving the point that he was entitled to the benefit or why was there a need to lie?

I'm past caring tbh. I'm going to complain to ATOS and The Nursing and Midwifery Council about the nurse who conducted my husbands assessment and to ATOS and the The Health Care Professions Council about the Senior OT who conducted my brothers assessment. In my opinion professional health care workers should not lie full stop, no matter the incentive.

I'm still in contact with our MP too. xx

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5 years 10 months ago #212755 by Gordon
Replied by Gordon on topic Brothers PIP
Jules

The DWP have contracted ATOS (now IAS) and Capita to rpovide PIP assessments but your complaint still needs to go to ATOS.

The DMs comments suggests that the evidencethat you sent with the claim was not available to them, I would contact he DWP directly (by phone) about this.

Gordon

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

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5 years 9 months ago #213255 by jayjaybal
Replied by jayjaybal on topic Brothers PIP
I realised the other day that we have gone over the MR 1 month time limit because I asked for the PA4 report on 6 May and received it on 23rd May, 2 days after the time limit which was on 21st May. The decision notice contains absolutely no information on how the decision was made, just you said you can't do this, i think you can. Literally that blunt. Has anyone any experience of late MR being refused in similar circumstances?

I did explain that I couldn't formulate a reasoned response without the PA4 because of the lack of info in the decision letter but not sure how it will go.

I believe we could go straight to tribunal if it happened, is that actually the case? Thanks.

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5 years 9 months ago #213264 by Gordon
Replied by Gordon on topic Brothers PIP
jules

You can make a Late request for an MR using your having to wait for the assessment report as Good Cause for the delay.

Gordon

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

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