- Posts: 3
× Members
No assessment report
- sweetp1
- Topic Author
- Offline
Less More
2 years 6 months ago #272507 by sweetp1
No assessment report was created by sweetp1
Hi
I received a MR decision notice and called the PIP number to request the PA3 report as I did not agree with the points awarded.
(I had already sent a SAR for all the evidence used to make the initial decision and it had not included any HCP report. I did not understand this as the decision letter stated that part of the evidence used was health care professional report.)
Anyway, I was passed on to a case manager who said that the health assessment report both the initial decision letter and the MR decision letter referred to was the PA3 from my last assessment in 2017.
I have decided to appeal and would like to know if anyone has experience of appealing in similar circumstances and also what I should write in my grounds for appeal regarding there being no recent assessment report.
I received a MR decision notice and called the PIP number to request the PA3 report as I did not agree with the points awarded.
(I had already sent a SAR for all the evidence used to make the initial decision and it had not included any HCP report. I did not understand this as the decision letter stated that part of the evidence used was health care professional report.)
Anyway, I was passed on to a case manager who said that the health assessment report both the initial decision letter and the MR decision letter referred to was the PA3 from my last assessment in 2017.
I have decided to appeal and would like to know if anyone has experience of appealing in similar circumstances and also what I should write in my grounds for appeal regarding there being no recent assessment report.
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 8556
2 years 6 months ago #272531 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic No assessment report
Hi sweetp1
Using your decision letter, go through each question and challenge them just as you did for the MR. Unless your condition has stayed exactly the same, I would point out that to make a judgement based on the opinion of someone who never met you five years ago simply is not fair if they ignored any new evidence and changes to your condition.
BIS
Using your decision letter, go through each question and challenge them just as you did for the MR. Unless your condition has stayed exactly the same, I would point out that to make a judgement based on the opinion of someone who never met you five years ago simply is not fair if they ignored any new evidence and changes to your condition.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby
Please Log in or Create an account to join the conversation.
- sweetp1
- Topic Author
- Offline
Less More
- Posts: 3
2 years 6 months ago #272606 by sweetp1
Replied by sweetp1 on topic No assessment report
Hi Thank you for your reply.
They said in the MR decision notice that the medical letter I submitted with was very detailed and it is therefore strange that it didn't specifically refer to safety as an issue when going out alone.
However the letter didn't go through each individual descriptor as it was a general letter regarding my symptoms, current treatment and issues I've had since 2013 while I've been under their care.
They also justified their decision by saying my MH medication had not changed since the previous assessment.
Would a tribunal give more weight to my review form and the recent medical evidence than the a case manager's opinion, bearing in mind that even at the MR stage they didn't request the input of HCP report or contact my medical provider who had made clear in their letter of support that they would be happy to provide further information?
They said in the MR decision notice that the medical letter I submitted with was very detailed and it is therefore strange that it didn't specifically refer to safety as an issue when going out alone.
However the letter didn't go through each individual descriptor as it was a general letter regarding my symptoms, current treatment and issues I've had since 2013 while I've been under their care.
They also justified their decision by saying my MH medication had not changed since the previous assessment.
Would a tribunal give more weight to my review form and the recent medical evidence than the a case manager's opinion, bearing in mind that even at the MR stage they didn't request the input of HCP report or contact my medical provider who had made clear in their letter of support that they would be happy to provide further information?
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8240
2 years 5 months ago #272627 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic No assessment report
Hi sweetp1
The Tribunal will look at the assessment report, they will also look at your submission and supporting documents.
Whenever I do a submission I write down what descriptors I agree with then I go through each discriptor writing what the assessor has awarded which is usually an 'a', I then write down what I believe should have been awarded and ..... why.
The why part is very important especially if you can tie it in with any supporting documents
At the end of my submission I write down how many points should have been awarded for the daily living and mobility component.
Gary
The Tribunal will look at the assessment report, they will also look at your submission and supporting documents.
Whenever I do a submission I write down what descriptors I agree with then I go through each discriptor writing what the assessor has awarded which is usually an 'a', I then write down what I believe should have been awarded and ..... why.
The why part is very important especially if you can tie it in with any supporting documents
At the end of my submission I write down how many points should have been awarded for the daily living and mobility component.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- sweetp1
- Topic Author
- Offline
Less More
- Posts: 3
2 years 5 months ago #272688 by sweetp1
Replied by sweetp1 on topic No assessment report
Gary
Thanks for your reply.
Do you mean that the tribunal will take into consideration the 2017 assessment report? That seems unfair as I did request an assessment on my review form and my health care provider offered to provide more information in his letter of support. Neither were taken up on.
Also, when I received the evidence bundle used to make their decision they did not include the assessment report from 2107.
But they did include an Active Assessment notes history which states
"I have changed the length of award to 1 and a half years (from 3) as this claimant needs to have an assessment conducted by a qualified AP due to the level of mental health input". Can this be included as evidence?
Could this award length be challenged alongside the points I disagree with?
Thanks for your reply.
Do you mean that the tribunal will take into consideration the 2017 assessment report? That seems unfair as I did request an assessment on my review form and my health care provider offered to provide more information in his letter of support. Neither were taken up on.
Also, when I received the evidence bundle used to make their decision they did not include the assessment report from 2107.
But they did include an Active Assessment notes history which states
"I have changed the length of award to 1 and a half years (from 3) as this claimant needs to have an assessment conducted by a qualified AP due to the level of mental health input". Can this be included as evidence?
Could this award length be challenged alongside the points I disagree with?
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8240
2 years 5 months ago #272690 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic No assessment report
Hi sweetp1
No, I meant the latest assessment whether or not it was paper or telephone assessment.
You can challenge the length of the award but you will need to explain why, the why is always the hardest, try and match it with a consultant report.
Gary
No, I meant the latest assessment whether or not it was paper or telephone assessment.
You can challenge the length of the award but you will need to explain why, the why is always the hardest, try and match it with a consultant report.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David