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Total PIP fail
- ambir
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5 years 10 months ago #214009 by ambir
Total PIP fail was created by ambir
I am a carer of someone with a long series of long term medical conditions, some poorly controlled, and who has, because of pain and feeling of vulnerability, accumulated some mental health issues too.
He had to transfer from indefinite DLA higher rate for both to PIP, on the form we built a very strong case for both physical and mental conditions, how everything affects him and included supporting letters by consultants etc. I used all the information on this site and others. My partner was quite ill for 10 days after filling the form.
A physiotherapist assessed him and in less than 40 minutes (no physical assessment was performed) and decided he is perfectly fine and actually contradicts what the consultants said. They did not take anything we said into account and actually stated he does not seem to suffer from the conditions the consultants wrote he does.
Results = 0 points for everything.
It is mandatory reconsideration now but is there anything that we can do or say in cases like this when the actual evidence is completely ignored and the decision is based totally on the perception of someone who is not even knowledgeable?
I know there are lots of people in the same situation but any advice would be much appreciated.
He had to transfer from indefinite DLA higher rate for both to PIP, on the form we built a very strong case for both physical and mental conditions, how everything affects him and included supporting letters by consultants etc. I used all the information on this site and others. My partner was quite ill for 10 days after filling the form.
A physiotherapist assessed him and in less than 40 minutes (no physical assessment was performed) and decided he is perfectly fine and actually contradicts what the consultants said. They did not take anything we said into account and actually stated he does not seem to suffer from the conditions the consultants wrote he does.
Results = 0 points for everything.
It is mandatory reconsideration now but is there anything that we can do or say in cases like this when the actual evidence is completely ignored and the decision is based totally on the perception of someone who is not even knowledgeable?
I know there are lots of people in the same situation but any advice would be much appreciated.
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- Gordon
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5 years 10 months ago #214012 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Total PIP fail
Ambir
You may struggle with the physical side of the assessment but if you can show that the physio has stated opinions about his mental health that someone with proper training in this area would not have done then you may be able to show that the report is not fit for purpose.
You do need to aware that this could result in a new assessment being required.
You will be fighting against the lethargy of the Decision Maker who will be assuming that the report is factually correct, so don't raise trivial issues as this will dilute your arguments and try and refer back to the consultant reports that you supplied to show errors.
Gordon
You may struggle with the physical side of the assessment but if you can show that the physio has stated opinions about his mental health that someone with proper training in this area would not have done then you may be able to show that the report is not fit for purpose.
You do need to aware that this could result in a new assessment being required.
You will be fighting against the lethargy of the Decision Maker who will be assuming that the report is factually correct, so don't raise trivial issues as this will dilute your arguments and try and refer back to the consultant reports that you supplied to show errors.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- ambir
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5 years 10 months ago #214019 by ambir
Replied by ambir on topic Total PIP fail
Thank you Gordon for the prompt reply.
We will do that. The assessor stated that he does seem to suffer from mental health issues, low levels of energy, severe pain and fatigue and this contradicts what the consultants actually wrote.
We will do that. The assessor stated that he does seem to suffer from mental health issues, low levels of energy, severe pain and fatigue and this contradicts what the consultants actually wrote.
The following user(s) said Thank You: Gordon
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- Helga
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5 years 9 months ago #214037 by Helga
Replied by Helga on topic Total PIP fail
Sounds almost the same as my situation. I'm now about to begin the tribunal proces. Good Luck!
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- ambir
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5 years 9 months ago #215314 by ambir
Replied by ambir on topic Total PIP fail
UPDATE: We sent all the stuff for a MR with added and very detailed medical evidence for both mental and physical health.
One of our grievances was that they totally disregarded two of his medical conditions, they did not even list them in the history section in the report. While one would be a minor condition in a healthy person, it still requires a lot of care and management which is daunting for someone who is already struggling (this was properly explained to them in the claim pack). The other condition is a major one which has had since childhood and has a lot of impact on his daily life.
We got a reply saying the usual tripe...that they stand by the original report as the assessors are properly trained to know how medical conditions affect people and what support they need. Still zero points. We have started the appeal procedure.
I have been told that in cases when the report totally forgets some diagnosed medical conditions we could also do a new claim. Is that correct? And if it is, can it still be done when waiting for an appeal?
One of our grievances was that they totally disregarded two of his medical conditions, they did not even list them in the history section in the report. While one would be a minor condition in a healthy person, it still requires a lot of care and management which is daunting for someone who is already struggling (this was properly explained to them in the claim pack). The other condition is a major one which has had since childhood and has a lot of impact on his daily life.
We got a reply saying the usual tripe...that they stand by the original report as the assessors are properly trained to know how medical conditions affect people and what support they need. Still zero points. We have started the appeal procedure.
I have been told that in cases when the report totally forgets some diagnosed medical conditions we could also do a new claim. Is that correct? And if it is, can it still be done when waiting for an appeal?
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- Gordon
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5 years 9 months ago #215322 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Total PIP fail
ambir
First of all, have a look at the following
www.benefitsandwork.co.uk/news/3783-pip-...7-on-last-year-to-71
www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge
You have always had the option of making a new claim, however, doing so will result in a new Decision which will limit any result from you challenging the current Decision, so you need to think carefully about this.
If you want to pursue an appeal then the PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
Gordon
First of all, have a look at the following
www.benefitsandwork.co.uk/news/3783-pip-...7-on-last-year-to-71
www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge
You have always had the option of making a new claim, however, doing so will result in a new Decision which will limit any result from you challenging the current Decision, so you need to think carefully about this.
If you want to pursue an appeal then the PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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