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Thread: pip assessor report

  1. #1
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    pip assessor report

    Hi all, I am new here but desperate for help and advice which I am sure I will get off someone.
    I have been refused pip because the assessors report was not only filled with some lies and mostly contradictions/inconsistencies but I was mostly referred to as an He! This was very distressing to me on top of the false information that was put down. I have severve depression with some other minor illnesses and won an appeal 3 yrs ago for middle rate care DLA from lower rate as the reason being I need constant supervision and cannot make a cooked meal (the lower rate I had for yrs was due to not being able to cook safely). The assessor said I can cook but cannot be bothered to. Infact everything was "I cannot be bothered to" (her words). Why would I apparently tell her I can and am able to cook when I am a danger to myself out the kitchen? My condition as got worse over last 18 months and that is why I applied to DLA to have my case looked at but was told I had to apply for pip. Has anyone been referred to as He/She wrongly? I don't know whether to bring it up in my tribunal appeal which is due in a few weeks.
    Thanks in advance for any replies.

  2. #2
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    You can mention these issues, but you need to keep in mind MR/Appeal isn't a complaints procedure, particularly so for a Tribunal: you need to keep your focus on showing how your condition meets the criteria for an award. The best way to do this is by obtaining the best evidence you can preferably from your GP, Mental Health Team, etc.

  3. #3
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    Thanks for the reply. I had an appointment Monday with my psychiatrist but she would only do a standard letter of my diagnosis so waiting for that and my GP put not known about my how my depression affects me daily and refused to write a letter of support. Even though she did put my illness is ongoing and I have daily symptoms the assessor believes I do not suffer more than 50% of the time. Do you think I should write a brief letter explaining about the assessor and her inaccuracys and then just concentrate on my medical reasons for being eligible for an award in the Tribunal?

  4. #4
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    If, as you say, you have a 'Tribunal' in a couple of weeks you need make a 'submission' this consists of a statement making your case for an award, supported by any new evidence you've obtained. As I said above, you can mention your concerns about you're assessment there, but don't dwell on it, concentrate on making your case for an award and try and be as pointed and concise has possible, 2 or 3 pages is plenty plus your new evidence.

    Try and get this done ASAP then make some copies of it (all) and post one into the Tribunal asap, as they (the panel) generally like to go through a cases paperwork the night before a hearing. Keep all the originals plus make at least one other copy and take it with you to the hearing together with all the other documents. Another important point is get someone to help/support you when you attend the hearing.

    best of luck.

  5. #5
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    Thank you Jard, I am lucky I have a lot of support of my family and they will be there with me. My son has good knowledge of writing a report and some legal info so I know I don't have to do this myself. Thank you.

  6. #6
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    Hi
    Just in the process of preparing appeal for PIP. This might seem to be a silly question, but does he need to state on his submission that he is unable to carry out an activity again on the same day or does he have to use their wording of safety, in a timely manner, repeatedly etc? In the mobiity component he said he was unable to walk over 20 metres due to pain, fatigue, fear of stumbling etc but the HP said he could walk between 20 and 50 metres as he did so at his Face to Face assessment. In the mandatory reconsideration, he explained that he battled his way there which left him in severe pain, fatigue and anxiety. The HP suggested he get a wheelchair to get back to the car park at the end of the assessment as he was feeling so bad. The Decision Maker said he could walk between 20 to 50 metres, hence he got 10 points and got awarded standard rate, so his Motabiity car has to go back! Any advice would be appreciated.

  7. #7
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    Also check if all pages are there in your assessment report. I was missing page 4 out of 28 pages. When I got my assessment report, there were many lies, contradictions, statements twisted/played down or missed out. Was in shock and it stressed me out reading her "observations", comments and what I apparently said, written on the assessment report.

    My mother requested a MR and I will do a written submission however I wanted a copy of the assessor's report. They did not send this out first time so nearly two weeks of waiting, she rung up again and requested a copy. Luckily they extended the deadline a little longer. I did a 22 page Mandatory Reconsideration (MR) report. For the first 4 pages, I set the scene/arguments with main points on what the assessment itself, what was on the assessment report and explained again the background and nature of my disability.

    I then went through some activities on what I really believed I should have scored points on, constantly referring to the 'reliability' criteria throughout. (If its not safe to do something for example, you should be counted as unable to do it, I was advised this).

    For each activity I disputed, I laid it out like this with reference to some suggestions I found on here;

    Activity 1 - Prep food

    Issues I face:.....

    Aids and Appliances: .......

    Particular Aspects:
    - Can I do this safely?.....
    - How well can I manage?......
    - As often as necessary?.......
    - The time it will take me?......

    The legal test (descriptors) .....

    Activity 2..... and so on.

    I've also included most of copies of the original medical evidence (that was ignored in the decision maker's reasoning and in the assessment report) and I highlighted main sentences on it. I've also quoted/cited the evidence throughout the MR report.

    My mother phoned DWP and they said it will take around 8/9 weeks for the MR to take place (could be quicker or longer). Also requested for page 4 as this was missing but they will resend another pack of assessment report. It will be interesting to see whats on this page. Annoying as I spent so much effort and time and ink on getting this MR report with the help from others and I did not realise at this time that page four was missing.

    Hope I've offered some help and insight on how to do the MR process (Other people may do theirs differently but I believe that at this stage, I really have explained as clear as I could to the decision maker on why I should score more) and I really want to avoid the tribunal as I will be a nervous wreck if it comes to that

  8. #8
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    Pandy I don't think I can give you much advice but I think due to the distress and pain caused you could arque that he wouldn't be able to repeat that act again in a safe, reliable and timely manner. Sorry if that isn't much help. I hope someone else can help and the best of luck...I think we all need it.

    Chrisg11 Thanks for the advice, I have been advised to complain to Capita about the way the assessor did her report as apparently the Tribunal will be in favour of it rather than me complain in court on the day. I am going to write a letter to the tribunal beforehand stating a few facts about the assessor and her inconsistencies and make my point of what I believe I am entitled to. Good luck on your MR. I applied for pip 11th March 2014 and had a decission 27th October 2014 and did my MR request November but after phoning them 6 times they didnt do my MR until 16th Jan and I had a decision 13th Feb 2015 and my appeal has been in since 28th February.

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