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Refused after phone assessment
- bekclarkson74
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3 years 1 month ago #266839 by bekclarkson74
Refused after phone assessment was created by bekclarkson74
So I’ve had my letter which has refused my pip application- I’m appalled to be honest she hasn’t put anything that I said and they’ve awarded me 2 points for everything !! I suffer with fibromyalgia and anxiety. She told them I walk my dog but I actually said I sometimes sit in the car when my husband walks the dog, they’ve said I work full time which I do but it’s shifts as I can’t do 5 days straight, she said I wasn’t breathless on the phone !! No because I WAS SITTING DOWN I told them I got breathless when walking. There’s no mention of the fact my husband has to help me dress and shower .. nothing .. not even mentioned. I’m going to appeal but I’m not sure it’s even worth it ☹️
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- Gary
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3 years 1 month ago - 3 years 1 month ago #266847 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Refused after phone assessment
Hi beki
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Your story unfortunately is not unusual. I am not sure from your post if you have received a copy of the assessors report called a PA4 or just the decision makers report. If you have not got a copy of the assessors report them you need to contact DWP and request a copy.
If you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
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;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
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, half way down the page 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
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.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Your story unfortunately is not unusual. I am not sure from your post if you have received a copy of the assessors report called a PA4 or just the decision makers report. If you have not got a copy of the assessors report them you need to contact DWP and request a copy.
If you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
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;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
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, half way down the page 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
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.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 years 1 month ago by Gary.
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- denby
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3 years 1 month ago #266856 by denby
Replied by denby on topic Refused after phone assessment
Hi Beki, now is the time to get ANGRY, very angry. Not pointless anger which only harms you, but anger you morph into determination not to let the B******s grind you down. They try it on because some people are too ill to fight and so DWP get away without paying them. Please don't be one of them!!! With needs like yours you ARE entitled to PIP.
Please, get your PA4 as Gary says, read the guides and put in your MR. [Inside a month or ask for an extension before the month is up] Don't expect a change but you might get one. All the writing you do for the MR, picking out every fault and LIE you have mentioned and a lot more I expect, will have broken the back of getting the appeal together if necessary.
We all have your back here, please don't let them get away with it,
Denby
Please, get your PA4 as Gary says, read the guides and put in your MR. [Inside a month or ask for an extension before the month is up] Don't expect a change but you might get one. All the writing you do for the MR, picking out every fault and LIE you have mentioned and a lot more I expect, will have broken the back of getting the appeal together if necessary.
We all have your back here, please don't let them get away with it,
Denby
The following user(s) said Thank You: Gary
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