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Received my PIP report

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1 year 9 months ago #278212 by MrFibro
Received my PIP report was created by MrFibro
Hi to all.

This is an update on my PIP review, Phoned up DWP and got a copy of my PA3 v2 report. Even though the DM has not yet made their decision on the assessors report.

Basically as this was a paper based review, the assessor based it all on all of the mountain of evidence I had sent into them over the last 2 years. Evidence included multiple specialist reports regarding my multiple illnesses/ conditions both physical & mental.

The assessor in my view did not try hard enough to collect sufficient information from my GP or other specialists. As the PA3 form states the dates and times the assessor tried to contact them by phone.

This shows the assessor did try to contact them, but they were engaged, or no one picked up the phone, or the specialist had left the NHS/ trust etc.

So obviously the assessor gave up trying to contact them via phone! So the assessor based the pip report on a previous pip form / report, made by a previous assessor.

I find that the assessor this time round took the easier option out, and couldn't be bothered to chase up the specialist whether by phone, or send letters to them to gather their own information regarding my pip review.

If i remember rightly they told me on the phone i will be having a paper based review, and that they will also contact and write to those concerned ie to my gp and other specialist. They have not, they attempted only once mainly and twice on another day, but still gave up, as the phone was engaged or no one picked up.


So the situation is that the assessor did simply dismiss some of the activities / descriptors, by saying in the report, that for the majority of times i could do this and do that etc.

Example - activity 1/ preparing food. i was awarded 2 points only for using aids in the kitchen.

I should had scored descriptor (e) needs supervision or assistance to be able to prepare or and cook a simple meal.

Example - activity 3 managing therapy. i was awarded 0 points on this activity, i thought i'd score a point on descriptor (b) 1 or 2, for using an aid and being prompted to take meds.


Example - activity 7 - communicating verbally, I scored 0 points for this activity, but i should had scored point/s for having to use an aid everyday i e 2 hearing aids.


Example - activity 9 - engaging with other people f2f. I scored points on this ie (b). needs prompting to be able to engage with other people. I should had scored more points and been awarded (c) needs social support to be able to engage with others.


Example - Activity 11 - planning & following journeys. i scored 0 points on this activity, even though i had submitted a wide range of evidence supporting that i should had scored either (b)needs prompting o undertake nay journey bla bla bla, and or (d) - cannot follow an unfamiliar journey without another person or aid.

The assessor simply dismissed this by saying i have no further MH imput, even though my evidence supports otherwise by my GP and medications. The assessor simply wrote me off by saying i have no mental health nurse ( cant get a nurse these days at all), and also saying that i don't take any anxiety medications - antioxyltics !. Also the assessor used the fact that i can go out to hospital appointments or GP/ because my family take me.

The assessor wrote in this report that, my previous pip report i was awarded points on 11 (b) needs prompting to be able to undertake journeys to avoid overwhelming psychological distress !

I was not on any anti anxiety drugs back then, but scored points so why did the assessor simply score me 0 points for activity 11 ?


Example 12 - this is not arguable as i have scored points for this ie 12 (d).



This means that i am shy of 1 point to be awarded the higher rate for the care component of pip.


And the mobility is standard.


I am now faced with 2 situations, that outcome will depend on the DWP's DM. option 1 will be go for a MR (Mandatory reconsideration) < 6 months waiting game. and then if not happy i go for the appeal another 12 months waiting game.

and let the courts decide.


Or i just cower down like a dog and accept the standard rates of both components.


My questions to above is this how can i convince the DM that the assessor has made an error or a mis calculation or a misjudgment in certain activities/ descriptors.

For instance the assessor says i don't score point for using an hearing aid. Even though i have to use 2 hearing aids everyday due to some frequency loss in my ears, and also i have bilateral TINNITUS.

I have given a lot of information why i need hearing aids. The assessor has blatantly ignore this. So this has cost me the higher rate for the care component.


Also how do i argue that the assessor was wrong in his/her decision by giving me 0 points for using an android app, which is a reminder for me to take tons of medication during the day and evenings ?

Also how can i argue the assessor was wrong by saying previously i never took antiolytics medication, but was awarded points for this descriptor. But he/she decided not to award me any points as my family took me to all of my hospital, specialists,gp appointments ?

It as if the assessor purposely added up my scores then thought hmmm i need to not give him that 1 or 2 points otherwise he will get the high rate for care.

And the same for activity 11 planning a journey.


Mods or anyone, i'd be very grateful if you could help me on this, even though the DM's decision has not yet been made regarding my pip review, which has been going on for over 2 years now.

I have been through the mill a few times back and to with MR's and appeals, but i#m now finding it very difficult to contradict the assessor. Its as if if you don't take certain med for a certain condition or illness, then your a liar.

The same is with using aids, if you can use an aid then you don't need help or supervision in preparing and or cooking a simple meal. And if you don't use an aid then your screwed either way.

It doesn't to seem to matter what evidence i have submitted the assessor has dismissed this on the grounds of i don't have a MH nurse input, and or i don't take certain meds. Even though i take anti-depressants, that was ignored in the report.



The reason on my having a paper based pip review was due to severe anxiety, and yet contradictory the assessor states otherwise !!


Thanking you in advance for any support given.


Regards.

Any help would be much appreciated.

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1 year 9 months ago #278241 by Gary
Replied by Gary on topic Received my PIP report
Hi MrFibro

There is a small window for you to write to the Decision Maker but you will need to be quick.

Understand that the assessor is offering an opinion when they say that 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.

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.

benefitsandwork.co.uk/guides-for-claimants/pip

Make sure that your letter makes it clear that you are not requesting a Mandatory Reconsideration but you reserve the right to do so once a Decision has been made.

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
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1 year 9 months ago #278448 by MrFibro
Replied by MrFibro on topic Received my PIP report
Hi Gary, thanks for your reply.

I have been going through the PIP PA3 V2 form, which the DWP sent me, even though they said it can or make take 6 weeks for them to reach their decision on my review.

irefer to >>>There is a small window for you to write to the Decision Maker but you will need to be quick.

I have now spent almost a week on writing in a letter pointing out the reasons why i should be awarded more points only for certain descriptors. And that its not an MR at this point.

I am still 2 activities short of writing about why i think the assessors assumptions are wrong with activity 9 & 11.

It's all taking me so much time to write a sentence, It's like i'm writing the same thing over and over again to the DWP.

I think i may have or will miss the boat, with my window of opportunity because of taking so much time to simply explain to the DM why i am right and the assessor has made an error in their assumptions.

A letter from PIP has just arrived today, this afternoon, saying .....We now have the information we need to decide if we can award you PIP. There is no need to contact us, we will write to when we have made a decision on your PIP claim.

Should i continue, with my letter pointing out why i think the assessor made error, in scoring me certain points. Or should i finish of the last 2 activities - descriptors i feel i should had score more points on.

As i stated above its activities 9 & 11. I have great difficulty getting my head around this even with using the guides as my template.

Just wondering how long the DM's decision will land on my door mat, after receiving today's generated letter.

My plan was to send my letter of by this thusday / friday, so they get it by recorded 1st class delivery on monday.

Their decision letter may be in transit the same time my letter goes out. Is there generally a time lapse from them sending me out the letter i received from them today, hopefully a couple weeks would suffice so they could get my letter, and mull it over before their final decision.

Realistically i'm battling over 1 point using an hearing aid, i have moderate sensorineural hearing loss, and bilateral tinnitus.

The assessor scored me 0 points for activity 7.

Even though i have given the PIP assessor the ENT and audiologists specialist the report stating and showing that i use combination hearing aids.

This 1 point means the difference of going from my standard care rate to high rate of care component of pip.

I have spoken to the ENT team this morning and the lady said they dont give people hearing aids for the fun of it (unnecessarily) but only if you need them for hearing loss and to aid your hearing. And in my case to help mask the tinnitus sounds so i can hear speech from people more clearly. Henece i have a problem with verbal communications right !!

I have submitted all this to dwp & pip, and its fell on deaf ears lol. So in my opinion its grounds for an MR and or appeal.

Just wondering what your and other mods views are on this. And also want to ask subscribers in here if they have had similar experience what i am going through right now. And how they got on.

Thanks in advance to all.

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1 year 9 months ago #278449 by Gary
Replied by Gary on topic Received my PIP report
Hi MrFibro

I would still send in your letter as you have planned, if in the meantime you receive a decision before the decision makers have received your letter and you do not get the decision you were hoping for then you can still use the letter when applying for a MR, you would have already done the work so less stress.

Gary

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1 year 9 months ago #278458 by MrFibro
Replied by MrFibro on topic Received my PIP report
Hi Gary,

That makes perfect sense. I will look through the evidence I had submitted for activity 9 & 11, and see what i had written as its been a very long time since it was submitted, and also i will re-look at the pip guides again and see if i can more sense on the descriptors, ie what the questions really mean. Then try to crack on the best i possibly can.

Not having any MH input has really thrown a spanner into the works, as it seem a classic case like driving a car for the assessor to score me down on points. I really can only reiterate what i have said in my pip form and GP support letters.

Also my social anxiety is quite severe and a short while ago my GP received a call from PIP people, because I was having a meltdown on the telephone regarding assessment, and i was feeling extremely suicidal due to anxiety, and depression. My GP got immediately in touch with me for an emergency consultation, and bumped up my medications for my anxiety and depression.

The DWP are not aware of this but PIP were, as i have a recording on this. This was not mentioned in my review report.

I think in my letter I should tell the DM all about this, i'm not sure if it will do any good for activity 9 & 11, as i have no mental health nurse supporting me.

I would had though certain anti-depressants and tablets for anxiety prescribed by a GP would had suffice. But it seems not. This i have all explained to pip with gp support letters medications list and family support letter.

regards.

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1 year 9 months ago #278461 by Gary
Replied by Gary on topic Received my PIP report
Hi MrFibro

We quite often hear about members having an issue if they drive a car. If you look on the posts of the forum, LL26 did a very good article on PIP and driving; benefitsandwork.co.uk/kunena/10-dla-esa-...8543-pip-and-driving which I added to the front of the posts as I thought it was very well written.

If you had a melt down then I would add that to your claim and the increase in your medication as it is all relevant.

Gary

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