PIP Assesment Transcript/tone of voice/answer length for Mandatory Reconsiderati

Hi M
I have also answered a previous post about writing an MR. This was generic as hadn't seen your current post.

Don't worry about DWP saying you didn't sound unwell etc. (What does unwell, depressed, sad etc actually sound like!)

Moreover back in the day when all assessments were actually face to face, they described a gentleman I know who had terribly bad and terribly obvious gnarled and twisted arthritic hands as having no obvious deformities. He couldn't even stand up straight either. Just remember it isn't personal! It happens often.

Transcript
I don't think DWP will do this. You might be able to do this yourself via voice recognition software, I know someone who did manage this. Otherwise maybe a trusted typist friend can do this for you. (Perhaps student services at Uni could help?)

Typing the transcript is quite difficult. It depends whether the assessor or you overtalk. Do it like a play script, and if there is overtalking you could put both speeches together and eg highlight in red, but make it clear in a note why it's highlighted. Try and get the flavour of the conversation. Put in the interjections as best you can. If you were crying, sighing, or eg there's a long pause, for either of you or other extraneous noise put note in the margin.
If either you or assessor haven't used perfect sentences or grammar etc say it how it is, using slang if used use eg hmmm, uh-huh, aha as best you can. This is the same whether you do it or you outsource it somewhere. It needs to be as accurate a word picture as you can make it: the exact script to a film which would completely replicate your assessment, in a very truthful and fair way.

Before making a transcript, think how you are going to use the transcript. If you get a transcript done you will have to check it and you obviously will need to go through it to be able to criticise it! (Sorry this is unavoidable and will be confronting!)

I have suggested in my previous answer that you need to go through the major criticisms of the report as 4 or 5 bullet points. One of these points could be inaccuracy, but you can give examples eg at 10 min 20 on the cd I categorically denied doing X but the assessor has said I can... You can send a highlighted copy of the whole transcript. Or simply refer to time on the cd, after all the cd comes from DWP so they should be aware of its contents.

The transcript should be treated as a whole. By all means quote from it, in MR but it is important if you are going to send it in, then other than highlighting do not edit it or cut bits, even if they are favourable to DWP. If you said no, when you meant yes, you can say in the MR you became confused, etc or just say you don't know why you said XYZ, because it is not correct. If you edit out these parts then the transcript completely loses its integrity. Make the comments in the MR, not on the transcript. Write eg A,B,C in the margin of the transcript to highlight something and then refer to 'point A' in MR to discuss that part. You do not have to use the transcript if you don't wish to. If you are referring to the transcript you can either just do it as bullet points, or go through everything but that could be very lengthy. Another possibility is to do bullet points, in MR and then if you want, make an official complaint about the assessment. You can then produce an unedited transcript with a letter or long list of the criticisms.

You can of course make general comments about the assessment. Any transcript you make can show the words but won't necessarily show tone of voice etc.
Remember the transcript is a neutral as accurate as possible word representation of a conversation. Yes, put a note saying indecipherable word/s if this occurs as it probably will, you can say 'said in quiet voice as that can also be quantified, but don't put a comment saying 'said in a derisive manner' that is subjective not objective and you may ir may not be right.
However you can say in your MR/complaint that eg from line 14 on page 2 to end of page 4/ or as highlighted part C etc
'Assessor sounded very frustrated and I felt humiliated and threatened by his gruff voice ' etc etc

There is always a danger that if the (new) decision maker doesn't know what to do, because he's not sure and clearly can't rely on the previous assessment he might require another assessment. It must remain a possibility, but equally he may wish to accept what you say and nothing further is required. If you do make a formal complaint then write a brief sentence in the MR saying you have made such a complaint.

I believe this is your first claim. If you are successful at MR or indeed after appeal to tribunal if this is needed, your PIP will get backdated to the date of claim. For reviewed/renewed claims then the backdating will go to the review date or when PIP payments stopped if different.

DWP have told you correctly about backdating.

Additionally there are occasions where PIP unlocks further benefits, or add ons called premiums. Also could unlock the possibility of Carer’s Allowance being paid to a 3rd party if they have and still are caring for you. There are various rules about eligibility, but having a PIP (daily living) payment is a primary condition. If the other conditions are all satisfied Carer’s Allowance could also be backdated to claim date etc to enable payments to your carer.

I hope this helps.
Let us know how you get on.
Good luck.
LL26

Hi M,
It is most unlikely that DWP will contact your GP. They used to do this, but it will cost them so these days it is seldom done. Getting your own report is hence a very good idea.

As for photos, they may be of some assistance but I am not entirely convinced these really add anything, and just make the MR letter over long perhaps.

I wonder if you just refer to parts if the cd rather than requiring a transcript at this stage

I'll try and indicate possible structure in more detail.
Use numbered paragraphs for clarity. Obviously adapt the examples to meet your circumstances
Heading for letter
PiP Mandatory Reconsideration Request
[Your name NI NUMBER]
1. I am writing requesting an MR request. You have awarded zero points. However I should have been awarded at least standard rate daily living and mobility.
2. [Describe your illness etc in a paragraph or two here, detail treatment etc]
3. The Decision Maker has relied upon the Assessment Report. However the Assessor has made a series of incorrect assumptions which do not reflect the answers that I gave during the discussion in within my claim form. I have been provided with a copy if the cd recording of the Assessment and it is clear that on many occasions the Assessor has clearly failed to record correctly the responses I have made. It is unclear why this has happened.
Examples of this include
•At 4mins 45 secs I clearly state that that I take X painkiller pills four times per day. The Assessor writes at page 4 para 3 'Takes no pain medication'.
•At 18 mins 32 secs I said that I am awaiting a hospital appointment to investigate incontinence. I said that I soil myself at least three times a day. I have to wear pads. The Assessor has recorded at page 6 that I do not have incontinence problems.
•As is clear from throughout the Cd recording the Assessor frequently referred to me as Jane, which is not my name. He constantly overtalked and can be heard making what appears to be disparaging tutting noises throughout.
Etc etc
[Give say 3 or 4 examples as I have previously described]

4. Given the proven inaccuracies on many occasions, the Assessment Report should not have been relied upon. Both the DM and Assessor appear to have ignored the reports sent in by my GP and physiotherapist. These reports clearly explain that I have disabilities, which I have described in the opening paragraphs above.

4. I have made an official complaint about the quality of the Assessment due to the large number of inaccuracies.


6. Reg 4(2)A Personal Independence Payment Regs 2013 stipulates that all Personal Independence Payment descriptor activities have to be done ‘reliably’ namely
Where [a claimant's] ability to carry out an activity is assessed, [the claimant] is to be assessed as satisfying a descriptor only if [the claimant] can do so -
(a) safely;
(b) to an acceptable standard;(c) repeatedly; and
(d) within a reasonable time period.
Regulation 4(4) of the main PIP regulations provides -
a. "safely” means in a manner unlikely to cause harm to [the claimant] or to another person, either during or after completion of the activity;
b. “repeatedly” means as often as the activity being assessed is reasonably required to be completed; and
c. “reasonable time period” means no more than twice as long as the maximum period that a person without a physical or mental condition which limits that person’s ability to carry out the activity in question would normally take to complete that activity.

7. All four of the above criteria need to be satisfied. In addition, Reg 7 provides that you need to consider what happens ‘on over 50 per cent of the days.'

The following descriptors apply
Preparing Food
8. I have severe arthritis that affects both hands, and has become worse. Previously just the fingers were affected, now this affects my thumb joints and wrists as well. It will be noted that following a physio assessment that took place on 25th March 2022 I have now been prescribed hand splints and a walking stick. This stoutly contradicts the Decision Maker’s assertion that I have sufficient grip etc and ‘can prepare and cook a simple meal unaided’ as claimed within the Decision Letter.

9.The stark reality of my condition is that I will only eat food that just comes from a packet. The Descriptor test involves the preparation of a simple one-course cooked meal for one person, using fresh ingredients. I seldom cook, I rely on ready meals or bought soup. Packet food or ready meals do not fall within the definition of Descriptor 1. Occasionally I boil up potatoes to eat, however I use the small pre-washed ones that don’t need to be peeled or chopped.

10. The reality is that I am continuously dropping things, plates, knives, etc. I am not safe, and can not prepare food with out help.

12. I have had stitches from cuts when a knife has slipped from my hand. This has happened on 3 occasions in the last 6 months. The 3rd occasion was 4 weeks ago when I dropped a knife and it cut my leg. I needed 16 stitches. I have not tried to use a knife since as it is too dangerous. I have also had many burns because hot items have slipped from my hands.

11.I should be awarded 4 points under 1e as I reasonably require supervision or assistance.

[Do this pattern for all relevant descriptors, remembering to refer to the 4 criteria mentioned
above ]

Closing paragraph to finish
Each paragraph is numbered
Number each page and ensure all pages have your name/NI number/MR Request (I usually do this as a footnote.)
Include GP report etc and any photos you want to send
You can also include a letter from a friend who has to help you complete PIP activities

I hope this helps to clarify.
The example for food prep is from a real MR I sent in for someone else.
LL26