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No points awarded - a pack of lies

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5 years 8 months ago #216247 by blackcat8
No points awarded - a pack of lies was created by blackcat8
After waiting what seemed like an unconscionable amount of time (assessment carried out on 4 July, decision received on 11 August), I finally received the decision on my PIP claim (change over from DLA to PIP). I was half expecting what I got, but it still came as something of a shock.


I suffer from anxiety and depression, and have self-harmed on numerous occasions in the past. I wanted to cut myself on Saturday after receiving the decision but my dear friend and my husband both persuaded me not to.


The explanation for the decision was so bizarre that it almost seems to me as if it as based on a generic decision churned out to award zero points. I won't go into all of it here, but one of the points made was that I am not taking a significant level of medication (say what? I am on Pregabalin, which at any dose is 'significant'!) and according to them I do not have any specialist input for mental health or anxiety (so did they totally ignore the letter from the medical practice counsellor? probably). According to the assessor's report I did not show any signs of significant distress during the interview (what do they class as 'significant distress? rolling around on the floor foaming at the mouth? My friend, who accompanied me, says I was rocking in my chair, wringing my hands, and it was obvious I was having difficulties holding things together; she also said my eyes were all over the place, unlike the assessor who said I maintained eye contact. How would she know? She wasn't even looking at me most of the time. I could go on but I think you get the picture.

I shall be sending off a request for mandatory reconsideration using as a basis the Benefits and Work's excellent sample. I will also be writing to my MP as this report is either incompetent or fraudulent (or both).My question is: should I mention in my mandatory reconsideration request that I am writing to my MP, or might that be perceived as a threat? I need to send thee letters ASAP, so if anyone can help urgently, I'd be very grateful.

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5 years 8 months ago #216273 by Gordon
Replied by Gordon on topic No points awarded - a pack of lies
Lesley

I would not expect your involving your MP will be seen as a threat but there is little that your MP can actually do at this stage.

The MR is a legal process so your MP cannot "interfere" in it other than perhaps to prioritise it with the DWP.

At the moment it is your view versus the assessors and nobody is going re-visit that content as it stands, if you make a complaint to the Assessment Provider about the quality f the report then your MP may be able to do more. But not until the AP responds. A complaint is a separate process from your MR.

Gordon

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

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5 years 8 months ago #216291 by phrank
Replied by phrank on topic No points awarded - a pack of lies
Lesley,

I can't believe what I've just read. Your assessment report is almost exactly the same as my assessment experience. Total lies. My assessment was on the 21st of June and I'm still waiting for the decision.

What I did do was record the 'interview' and also I got the assessor's report as soon as it was availabe.

I sent a letter telling the DWP exacactly what was said and happened signed by me and my carer.

Good luck with your MR and don't give up!

The length of time it is taking for the decision gives me some slight hope that my letter and extra evidence has thrown a spanner in the works, so to speak.

At least I hope so, these liars need bringing to justice.

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5 years 8 months ago #216292 by Peter
Replied by Peter on topic No points awarded - a pack of lies
Lesley

This sounds a carbon copy of my initial assessment, I take no medication for my mental illness...in my case this is due to damage that previous medication has done to my kdneys...I want no more of that. She also said that I maintained eye contact...I did not appear distressed etc. Well I probably did and I may not have appeared distressed, though of course I was anxious. I made a successful MR & got standard in both elements, I pointed out that mental illness is not necessarily manifested in 'stage' type symptoms and I probably appear 'normal' the casual observer . I doubt your assessor was qualified in mental health.
I got a further letter from my psychiatrist and he debunked all she said & wrote. It seemed to do the trick. MY award was a bit weird when it came througth, I got 2 points for prompting on cooking a meal, washing, dressing, managing complex money,engaging with people & the useless 1 point for medicines. Although my toileting is perhaps the worse issue and was mentioned in full by my psychaitrist I got nothing for it, so I was 1 point away from full rate. Thye gave me lower rate mobility for psychological distress in going out. I was a bit suprised about this......but as ithe total was only about 5 quid less than the enhanced personal care I decided not to appeal. I felt I had a very strong case, but the stress would have been too much. Their decsions are rather weird in my view.....but i am sure you will get there

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5 years 8 months ago #216316 by ann
Replied by ann on topic No points awarded - a pack of lies
It appears to be standard practice now for the DWP to refuse claims for depression and anxiety. What you have reported appeared to be exactly the same at my daughters assessment, She had eye contact throughout that she was calm and focused, that her medication is very low dose. Seem familiar? It appears that they are going through a script. I have just put in for a mandatory reconsideration and it has been refused. Good luck in your battle as I am going forward with my daughters with the help of this site.

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5 years 8 months ago #216572 by alison
Replied by alison on topic No points awarded - a pack of lies
ime awaiting for my review decision ,had f2f assesment on the 20th july ,, ime still 4 weeks later requesting for a,copy of assesment and been told no decision has been made and,therefore until one is sent out ime unable to recieve a copy of assesmnent report ,, (strange as had no issue geting it first itme round ) ..anyway what i wanted to say was ,,i feel the majority of these health assessment are damn right lies ,you could be on your hands and knees crawling into the room and they say you walked in perfectly fine ,,also mental health illnesses dont seem to be taken into account that we try to control our anxiety as saving face so to speak ,,it embarrasing losing control infront of strangers ,i myself suffer severe anxiety and can also get aggresive as its a vicious .circle your trying to maintain being in control so to speak ,but inside they dont know how we are feeling ,,can show on outside yes by sweating shaking etc but people who sufferd it for so long have ways of trying there best to control it ,,i do feel that when dealing with mental health illnesses there should be a a health profesional that is fully qualified to assess these people like myself and soo many others ,and a bit of compassion during the assessment as the stress it causes them weeks before even attending is bad enough never mind on the day ,, the whole process of claiming pip needs to be looked at in my opinion ,dont give up that what they want us to do,.!!

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