× Members

Mandatory reconsideration turned down

More
9 years 9 months ago #138544 by Gordon
Replied by Gordon on topic Mandatory reconsideration turned down

Lala125 wrote: Hi
Finally received my capita report regarding my pip review , the report is a complete joke.
The assessor said I could touch the back of my head and my back and touch my toes.
I could not do any of that if I tried plus I was never asked to do any of that. She said that I bent down to get letters out my bag so I bent down - my bag was on my lap. She said I have cereal for breakfast and sandwich for lunch so I can cook and prepare a meal for myself. What I did say is that I don't really eat unless prompt and then it may just be a bowl of cereal or a pre prepared sandwich .
It keeps referring back to these points.
So annoyed.
I now know why I was refused on review.


Just a quick comment, cereal and a sandwich do not meet the legal requirements for preparing and cooking a meal, although the assessor might make some assumptions in regard to capability based on these, the obvious omission of any cooking would limit any conclusions that they might come to.

Gordon

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.

More
9 years 9 months ago #138554 by Lala125
Replied by Lala125 on topic Mandatory reconsideration turned down
Hi Gordon
So in simple terms what does it mean? Really can't get myself together today.
Thanks

Please Log in or Create an account to join the conversation.

More
9 years 9 months ago #138555 by Lala125
Replied by Lala125 on topic Mandatory reconsideration turned down
Hi Gordon ,
Based on my comments regarding the report what are the main points of argument?
On a legal point.
The assessor has based if on me bending down to get my bag. I was sitting down and it was at hand reach with long handles. No bending involved.
I touch my head and back and touch my toes. It is not true. She never asked me to touch my head or back and if she did it would not be possible. I could not touch my toes and got to just above my knees.
These points were on nearly all the descriptors when giving her reason for her assumptions for in her view been able to complete the tasks.
Thanks in advance.

Please Log in or Create an account to join the conversation.

More
9 years 9 months ago #138566 by Gordon
Replied by Gordon on topic Mandatory reconsideration turned down
Lala

You haven't posted what Descriptors you expected to score points for so I am flying in the dark, but if you expected to score points for Preparing food then the test is for you to prepare and cook a simple meal, as neither a bowl of cereal or a sandwich require any cooking any Decision that you can cook, assuming that there are no other comments in regard to this would be based on a failure to apply the law correctly.

PIP does not test your ability to reach up to your head or down to the floor, however these actions would be relevant to Washing and Bathing and Dressing and Undressing, so if you expected to score points for these then it would make sense to challenge the facts of the report, but if you did not expect to score points then you need to consider whether raising this issue helps your claim or whether it us merely a distraction.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Somerset21

Please Log in or Create an account to join the conversation.

More
9 years 9 months ago #138604 by Lala125
Replied by Lala125 on topic Mandatory reconsideration turned down
Hi Gordon ,
on my review the points I lost are

2 for washing and bathing
2 for dressing and undressing
4 for taking nutrition
2 for preparing and cooking food

Many thanks

Please Log in or Create an account to join the conversation.

More
9 years 9 months ago #138614 by Gordon
Replied by Gordon on topic Mandatory reconsideration turned down
Lala

Have you submitted your request for appeal to the Tribunal Service yet? If not then you this should be your next step, the PIP Appeal guide explains where to download the appeal form from and how to complete it, you do not need to go into detail.

Once this step is complete you can give some thought to dealing with issues raised by the assessment report. I would sit down with your PIP2 form, the assessment report and the PIP Claim guide to see where you may have failed to explain yourself, failed to understand the criteria or the assessor has not understood your problems and reported capability where there is none.

Remember, to score points you need to show that you cannot reliably perform a task for the majority of days. Reliably means

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

Gordon

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: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.