- Posts: 8
× Members
PIP Mandatory Reconsideration
- NorthEastGuy
- Topic Author
- Offline
Less More
2 years 4 weeks ago #276123 by NorthEastGuy
PIP Mandatory Reconsideration was created by NorthEastGuy
Hello there
I had my PIP Assessment a couple of weeks ago and was advised that it would be around 8 weeks or so that I would get a decision. I received a text message that my report had been provided to the DWP last week and after reading on here you could request the report as soon as they have it, I called them to request it.
I have not yet received the final decision, however I received the report today and the recommendation is 0 points in all areas, so I know what is coming when I do receive the final outcome.
I'm going to start preparing for the mandatory reconsideration now rather than waiting. I am confident about following the guides on here and the advice in the forums however I have a couple of questions and would appreciate any advice or support from anyone.
1-Should I provide the recording of my initial assessment when requesting the mandatory reconsideration? if yes, how can I provide it to them.
2- The report itself is flawed and reads throughout like a tick box exercise about why I don't meet the criteria but never once addresses my evidence to explain why it was discounted in the same specific way or with the same level of detail.
3- The assessor is referred to as a 'nurse' with no detail in regards to their specialty or trained area. For my condition I would not expect a nurse to encounter it. How is best to approach challenging their basis to have the opinions they do?
Thanks in advance for any help anyone can give.
I had my PIP Assessment a couple of weeks ago and was advised that it would be around 8 weeks or so that I would get a decision. I received a text message that my report had been provided to the DWP last week and after reading on here you could request the report as soon as they have it, I called them to request it.
I have not yet received the final decision, however I received the report today and the recommendation is 0 points in all areas, so I know what is coming when I do receive the final outcome.
I'm going to start preparing for the mandatory reconsideration now rather than waiting. I am confident about following the guides on here and the advice in the forums however I have a couple of questions and would appreciate any advice or support from anyone.
1-Should I provide the recording of my initial assessment when requesting the mandatory reconsideration? if yes, how can I provide it to them.
2- The report itself is flawed and reads throughout like a tick box exercise about why I don't meet the criteria but never once addresses my evidence to explain why it was discounted in the same specific way or with the same level of detail.
3- The assessor is referred to as a 'nurse' with no detail in regards to their specialty or trained area. For my condition I would not expect a nurse to encounter it. How is best to approach challenging their basis to have the opinions they do?
Thanks in advance for any help anyone can give.
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 8536
2 years 4 weeks ago #276127 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Mandatory Reconsideration
Hi NorthEastGuy
I'm sorry this has happened to you.
1. The DWP won't take any notice of a recording at this stage. You can refer to it, but if it goes to appeal you will need to provide a transcript of what was said.
2. The quality of reports varies considerably, and it sounds like you have a poor one. However, in your MR - there is little to be gained about complaining about the quality - at this stage, you are trying to counter the judgement of each question and show why you should have scored where you didn't. You can always make a separate complaint about the report if you want to.
3. The reports don't give details of the assessor's qualifications or specialities because as far as the DWP is concerned, this is not relevant. All assessors have undergone the training to undertake PIP assessments and that is all that is required. Don't waste time trying to attack the assessor's qualifications - because the fact is you have no idea what experience they have or what qualifications they have. In your MR, you can talk again about your condition/s and say this is something that the assessor may not have come across. You can say that the assessor is mistaken in their judgement, or you can say that they misunderstood. Using stronger language in the MR (as tempting as it might be) won't help you win. Their job is to give their opinion. Yours is now to refute it and show sighting your evidence (once again) why you think they were mistaken and what you think you should have scored. So, for example, you may write something like:
The assessor said that I was able to walk 20 metres, but she failed to document that I said I cannot walk more than 3 metres, without stopping due to the pain and shortness of breath. These symptoms are because of (condition) as confirmed by my consultant Professor X (see letter dated 3/06/21). It takes me more than five minutes to recover, which is common for people with my condition (see the symptom fact sheet from NHS website).
Obviously, I have made that up, and I'm sure you can do a better job. But I have countered what the assessor said, provided evidence from a medical professional and thrown in something from a reputable website - to give the person reading it extra evidence. The person making the decision about your MR is not medically trained - which is why when helping people, I always include information from a reputable website about the condition and add a paragraph saying why I have included it - so they have something at hand to refer to!
Once you have gone through all the questions which you want to contradict, in the final paragraph, you can always add a comment about the quality of the paragraph or you think the assessor may not have come across your condition before - but keep these remarks short. Argue about how you meet the criteria - not the idiocy or ignorance of the assessor.
Hope this helps.
BIS
I'm sorry this has happened to you.
1. The DWP won't take any notice of a recording at this stage. You can refer to it, but if it goes to appeal you will need to provide a transcript of what was said.
2. The quality of reports varies considerably, and it sounds like you have a poor one. However, in your MR - there is little to be gained about complaining about the quality - at this stage, you are trying to counter the judgement of each question and show why you should have scored where you didn't. You can always make a separate complaint about the report if you want to.
3. The reports don't give details of the assessor's qualifications or specialities because as far as the DWP is concerned, this is not relevant. All assessors have undergone the training to undertake PIP assessments and that is all that is required. Don't waste time trying to attack the assessor's qualifications - because the fact is you have no idea what experience they have or what qualifications they have. In your MR, you can talk again about your condition/s and say this is something that the assessor may not have come across. You can say that the assessor is mistaken in their judgement, or you can say that they misunderstood. Using stronger language in the MR (as tempting as it might be) won't help you win. Their job is to give their opinion. Yours is now to refute it and show sighting your evidence (once again) why you think they were mistaken and what you think you should have scored. So, for example, you may write something like:
The assessor said that I was able to walk 20 metres, but she failed to document that I said I cannot walk more than 3 metres, without stopping due to the pain and shortness of breath. These symptoms are because of (condition) as confirmed by my consultant Professor X (see letter dated 3/06/21). It takes me more than five minutes to recover, which is common for people with my condition (see the symptom fact sheet from NHS website).
Obviously, I have made that up, and I'm sure you can do a better job. But I have countered what the assessor said, provided evidence from a medical professional and thrown in something from a reputable website - to give the person reading it extra evidence. The person making the decision about your MR is not medically trained - which is why when helping people, I always include information from a reputable website about the condition and add a paragraph saying why I have included it - so they have something at hand to refer to!
Once you have gone through all the questions which you want to contradict, in the final paragraph, you can always add a comment about the quality of the paragraph or you think the assessor may not have come across your condition before - but keep these remarks short. Argue about how you meet the criteria - not the idiocy or ignorance of the assessor.
Hope this helps.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: SUE C C
Please Log in or Create an account to join the conversation.
- NorthEastGuy
- Topic Author
- Offline
Less More
- Posts: 8
2 years 4 weeks ago #276141 by NorthEastGuy
Replied by NorthEastGuy on topic PIP Mandatory Reconsideration
Thanks very much for this, when using something such as the NHS website guidance as evidence, is it best to put the weblink in my response so they can access it or to print the section I use? Also would you recommend being very specific by listing the section I feel my condition and its affects meets, and the points I feel it should achieve?
Thanks again
Thanks again
Please Log in or Create an account to join the conversation.
- NorthEastGuy
- Topic Author
- Offline
Less More
- Posts: 8
2 years 4 weeks ago #276142 by NorthEastGuy
Replied by NorthEastGuy on topic PIP Mandatory Reconsideration
Also apologies I forgot to ask. Any evidence already provided do I need to provide that again or will they have retained it?
Please Log in or Create an account to join the conversation.
- denby
- Offline
Less More
- Posts: 1262
2 years 4 weeks ago #276146 by denby
Replied by denby on topic PIP Mandatory Reconsideration
Dear NorthEastGuy, while you are preparing for MR, did you know ? - I only found out from here, mega thanks B&W - you can write NOW to 'The Decision Maker, DWP' at the address on the last incoming letter. Very coldly take apart the flaws, ignoring evidence and twistings in the PA4.
Use neutral tone language eg "assessor appears not to have noted xyz" ,
Avoid at all costs the word 'lied,' as they can't stand to be told this however true.
If it is the case [your point 3 sounds like it], you can describe the report as being 'not fit for purpose'
Doing this saved us and our daughter all the stress of a third MR and Tribunal slog time before last.
Best wishes,
Denby
Use neutral tone language eg "assessor appears not to have noted xyz" ,
Avoid at all costs the word 'lied,' as they can't stand to be told this however true.
If it is the case [your point 3 sounds like it], you can describe the report as being 'not fit for purpose'
Doing this saved us and our daughter all the stress of a third MR and Tribunal slog time before last.
Best wishes,
Denby
The following user(s) said Thank You: Gary
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8220
2 years 4 weeks ago #276152 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP Mandatory Reconsideration
Hi NorthEastGuy
I would do both, quite often we come across rare conditions, even with rare conditions you can find support web site, as BIS has stated send in information about the condition which explains how it affects you, I always send in a link, the assessor may want to find out more about the condition, it also the decision maker the heads up.
I would always include any supporting documents even if I had sent it in before as the assessor may not have read it.
Gary
I would do both, quite often we come across rare conditions, even with rare conditions you can find support web site, as BIS has stated send in information about the condition which explains how it affects you, I always send in a link, the assessor may want to find out more about the condition, it also the decision maker the heads up.
I would always include any supporting documents even if I had sent it in before as the assessor may not have read it.
Gary
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.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David