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Incorrect information in PIP appeal bundle
- jan
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1 year 8 months ago #279443 by jan
Incorrect information in PIP appeal bundle was created by jan
Hi,
I have just received my PIP appeal bundle with several documents that I never originally received in any of the decision letters. In these documents, there are several untrue statements stated by the PIP HP, which I haven't seen until now. An example of this is that the HP stated that I have just completed my PHD, which I have not. I couldn't complete my PHD 25 years ago due to my stroke, so they have lied on the assessment. Another statement they wrote is that I do not have any children of my own, but I have two. There is so much false information in the bundle but I'm not sure if there is much point in correcting them now as I am already waiting for a hearing date after having submitted a letter from my GP and all other evidence. Do you suggest I write back to them detailing each bit of wrong information they have stated in the appeal bundle? Or should I just mention this in the Tribunal?
Best,
I have just received my PIP appeal bundle with several documents that I never originally received in any of the decision letters. In these documents, there are several untrue statements stated by the PIP HP, which I haven't seen until now. An example of this is that the HP stated that I have just completed my PHD, which I have not. I couldn't complete my PHD 25 years ago due to my stroke, so they have lied on the assessment. Another statement they wrote is that I do not have any children of my own, but I have two. There is so much false information in the bundle but I'm not sure if there is much point in correcting them now as I am already waiting for a hearing date after having submitted a letter from my GP and all other evidence. Do you suggest I write back to them detailing each bit of wrong information they have stated in the appeal bundle? Or should I just mention this in the Tribunal?
Best,
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- LL26
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1 year 8 months ago #279448 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Incorrect information in PIP appeal bundle
Hi jan,
Unfortunately assessment reports often have accuracies. This is all too common!
When you appeal to the tribunal, DWP has a duty to prepare the appeal bundle, which you have now received- the tribunal gets these too. The bundle normally includes the claim form, or review form, assessment report, Reconsideration letter, copies of DWP decisions and any evidence you sent in. Whilst you should have had copies of the decisions, unless you specifically requested a copy of the assessment report you wouldn't get this, as they are not sent out automatically.
What you need to do now is to write to the tribunal and argue your case. The arguments are often called Submissions. (Don't worry about writing to DWP unless you want to make an official complaint.)
How to write a submission
Start off with a general paragraph about the history of the claim, decision a brief sentence about why you want to appeal.
If you have had PIP previously, explain the previous decision, and the difference to the current one.
Next add a paragraph or two about your disability, diagnosis, and an overview of how you are affected.
Next write a paragraph about the assessment.
Before you do this, go through the report and identify the major criticisms. See if you can group these into 4 or 5 bullet points. Don't try and nit pick everything. Give a example or 2 of the worst issues to illustrate the inaccuracies.
So bullet points could be eg
• assessor ignored much of what was said, and has not recorded this correctly eg the assessor states I look after my elderly mother and am her sole carer- thus is incorrect- my mother lives abroad, and I only see her when she comes here on holiday
I take the highest dose of X medicine. The assessor repeatedly says I am on the minimum dose.
•assessor repeatedly interrupted and did not let me respond
Eg on more than 6 occasions the assessor said "I don't need to know that you have said enough...'"
•the assessor has made assumptions that are not borne out by the evidence eg The assessment was conducted over the phone, therefore the assessor did NOT 'observe me to walk normally and quickly 10m to the assessment room'. My GP report confirms that I have 'deformities in the R lower leg, with considerable muscle wasting.Walking is done as a shuffle, with a very slow pace. '
Do you have a recording or notes taken during the assessment? If so,
use this to show what actually happened if so quite this.
Don't accuse the assessor of lying, it is unlikely that you can prove this, say he seems to have misheard, misunderstood or ignored...
By using bullet points you can confirm major criticisms by a couple of examples, but by nit picking you will simply obscure your case. So for example you mention about an inaccuracy about your children? Is this relevant to any of the descriptors - if not it won't add to your case . However you can use it in a brief list of factual inaccuracies, saying eg the report writer did not record what I said correctly for example he said I have no children, but I have two,
I told the assessor that I always use a wheel chair, and this also was misreported, as was the dosage of medicine.The whole report is very inaccurate and therefore can not be relied upon.
So having written your bullet points about the assessment, then go through each descriptor, explaining what specifically you can't do, the discrepancy with the report and what points you should have got. Remember to consider whether you can do activities safely, repeatedly, in a reasonable time and in an acceptable manner. - Regulation 4(2A)
And if 2 or more descriptors in a set apply equally the highest value should be awarded -Reg 7.
It is not wrong to note the points award you believe to be correct. If you have no problem or agree with DWP points then say so.
Please check the members guides fir more information if you need to.
I hope this helps.
LL26
Unfortunately assessment reports often have accuracies. This is all too common!
When you appeal to the tribunal, DWP has a duty to prepare the appeal bundle, which you have now received- the tribunal gets these too. The bundle normally includes the claim form, or review form, assessment report, Reconsideration letter, copies of DWP decisions and any evidence you sent in. Whilst you should have had copies of the decisions, unless you specifically requested a copy of the assessment report you wouldn't get this, as they are not sent out automatically.
What you need to do now is to write to the tribunal and argue your case. The arguments are often called Submissions. (Don't worry about writing to DWP unless you want to make an official complaint.)
How to write a submission
Start off with a general paragraph about the history of the claim, decision a brief sentence about why you want to appeal.
If you have had PIP previously, explain the previous decision, and the difference to the current one.
Next add a paragraph or two about your disability, diagnosis, and an overview of how you are affected.
Next write a paragraph about the assessment.
Before you do this, go through the report and identify the major criticisms. See if you can group these into 4 or 5 bullet points. Don't try and nit pick everything. Give a example or 2 of the worst issues to illustrate the inaccuracies.
So bullet points could be eg
• assessor ignored much of what was said, and has not recorded this correctly eg the assessor states I look after my elderly mother and am her sole carer- thus is incorrect- my mother lives abroad, and I only see her when she comes here on holiday
I take the highest dose of X medicine. The assessor repeatedly says I am on the minimum dose.
•assessor repeatedly interrupted and did not let me respond
Eg on more than 6 occasions the assessor said "I don't need to know that you have said enough...'"
•the assessor has made assumptions that are not borne out by the evidence eg The assessment was conducted over the phone, therefore the assessor did NOT 'observe me to walk normally and quickly 10m to the assessment room'. My GP report confirms that I have 'deformities in the R lower leg, with considerable muscle wasting.Walking is done as a shuffle, with a very slow pace. '
Do you have a recording or notes taken during the assessment? If so,
use this to show what actually happened if so quite this.
Don't accuse the assessor of lying, it is unlikely that you can prove this, say he seems to have misheard, misunderstood or ignored...
By using bullet points you can confirm major criticisms by a couple of examples, but by nit picking you will simply obscure your case. So for example you mention about an inaccuracy about your children? Is this relevant to any of the descriptors - if not it won't add to your case . However you can use it in a brief list of factual inaccuracies, saying eg the report writer did not record what I said correctly for example he said I have no children, but I have two,
I told the assessor that I always use a wheel chair, and this also was misreported, as was the dosage of medicine.The whole report is very inaccurate and therefore can not be relied upon.
So having written your bullet points about the assessment, then go through each descriptor, explaining what specifically you can't do, the discrepancy with the report and what points you should have got. Remember to consider whether you can do activities safely, repeatedly, in a reasonable time and in an acceptable manner. - Regulation 4(2A)
And if 2 or more descriptors in a set apply equally the highest value should be awarded -Reg 7.
It is not wrong to note the points award you believe to be correct. If you have no problem or agree with DWP points then say so.
Please check the members guides fir more information if you need to.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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