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- disaillusioned
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3 years 7 months ago #263360 by disaillusioned
Beware was created by disaillusioned
HI all , I would like to warn anyone thinking of applying for a telephone assessment for worsening conditions .I did this in March of this year and have had my pip stopped !
My call was on the 26 July the very next day my beloved mother passed away .
As you can imagine I am verging on the edge .
I attended a tribunal in December 2018 and was awarded 8 points for daily living and 10 points for mobility , therefore it is with disbelief the letter I got stating 0 points at all for both on the 30th August is baffling ! .
I have been in touch with DWP and will have to appeal all over again , I do not believe she listened to anything I said at assessment which is reflected in the report .
My conditions include Debilitating Rheumatoid arthritis Copd agoraphobia acute anxiety Ptsd and I certainly cannot walk more than 20 meters even with made to measure boots with insoles , she has said I can walk more than 200 meters , Please can somebody give some advise on how to compete with there Fabrications .
My call was on the 26 July the very next day my beloved mother passed away .
As you can imagine I am verging on the edge .
I attended a tribunal in December 2018 and was awarded 8 points for daily living and 10 points for mobility , therefore it is with disbelief the letter I got stating 0 points at all for both on the 30th August is baffling ! .
I have been in touch with DWP and will have to appeal all over again , I do not believe she listened to anything I said at assessment which is reflected in the report .
My conditions include Debilitating Rheumatoid arthritis Copd agoraphobia acute anxiety Ptsd and I certainly cannot walk more than 20 meters even with made to measure boots with insoles , she has said I can walk more than 200 meters , Please can somebody give some advise on how to compete with there Fabrications .
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- Gary
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3 years 7 months ago #263372 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Beware
Hi disaillusioned
I do feel sorry for you, and you are not alone, we hear about similar situations to yourself here on the forum.
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 for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report (PA4) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
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.
When you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in, also use our guides to help you when setting out your MR letter.
If you have any further questions then please come back to the forum.
Gary
I do feel sorry for you, and you are not alone, we hear about similar situations to yourself here on the forum.
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 for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report (PA4) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
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.
When you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in, also use our guides to help you when setting out your MR letter.
If you have any further questions then please come back to the forum.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- an ex nurse
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3 years 7 months ago #263375 by an ex nurse
Replied by an ex nurse on topic Beware
Hi disallusioned. So sorry to hear of your situation and sorry to hear you have recently lost your mother. They are supposed to inform you how they believe your condition has improved if they want to reduce or remove your award so you are entitled to ask for an explanation of this if they haven't done so.
Sending you all good wishes at this incredibly sad and stressful time. Take good care of yourself.
Sending you all good wishes at this incredibly sad and stressful time. Take good care of yourself.
The following user(s) said Thank You: denby, Gary, disaillusioned
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- LL26
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3 years 7 months ago #263415 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Beware
Hi disillusioned,
I am also saddened to hear that your assessor did not appear to take into account the full extent of your disabilities, The zero points score must have been a major blow, coming at a difficult personal time. As Gary correctly observed, there are many people who suddenly receive zero points.
An ex nurse is right if DWP decide to remove your benefit (called a supersession) they need to show an actual change of circumstances has occurred. This is not just a different opinion from an assessor. In the next few days, try to get her as much evidence as possible, this could be medical reports, or statements from friends and family who can comment on how you perform the descriptor activities. Comment on whether your health has deteriorated, this could also be evidenced by having increased/more medication. If your health condition is a progressive one, don't be afraid to quote from a relevant website as to prognosis.Send all the evidence with your MR letter, and hopefully DWP will relinquish and reinstate your award.
In your MR letter, briefly criticise the assessment. Concentrate on the major failings eg inaccuracies -list one or two of the worst, there might be repetition aka cut and paste etc. Use a few bullet points, but don't labour the criticism as this will detract from all the other salient points you will make. You can write down the correct points value and explain. (There is no harm in doing this!)
I hope this helps. Sending all good wishes at this difficult time.
LL26
I am also saddened to hear that your assessor did not appear to take into account the full extent of your disabilities, The zero points score must have been a major blow, coming at a difficult personal time. As Gary correctly observed, there are many people who suddenly receive zero points.
An ex nurse is right if DWP decide to remove your benefit (called a supersession) they need to show an actual change of circumstances has occurred. This is not just a different opinion from an assessor. In the next few days, try to get her as much evidence as possible, this could be medical reports, or statements from friends and family who can comment on how you perform the descriptor activities. Comment on whether your health has deteriorated, this could also be evidenced by having increased/more medication. If your health condition is a progressive one, don't be afraid to quote from a relevant website as to prognosis.Send all the evidence with your MR letter, and hopefully DWP will relinquish and reinstate your award.
In your MR letter, briefly criticise the assessment. Concentrate on the major failings eg inaccuracies -list one or two of the worst, there might be repetition aka cut and paste etc. Use a few bullet points, but don't labour the criticism as this will detract from all the other salient points you will make. You can write down the correct points value and explain. (There is no harm in doing this!)
I hope this helps. Sending all good wishes at this difficult time.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- MrFibro
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3 years 7 months ago #263429 by MrFibro
Replied by MrFibro on topic Beware
hi to all,
The assessor as in regards to this case should be named and shamed, then sacked taken to court and made to pay the claimant a full whack of compensation.
Its more than clear that this idiot of an assessor was only thinking of getting a quickie of a bonus in.
How can someone look down a telephone cable or pop out of your mobile phones screen and then judge your capability of walking ?
200 metres ! what an assumption, what a load of crap. it's about time these assessors an their fat cat bosses were made accountable.
But hey no ones on our side right, otherwise it wouldn't be happening.
too many untrue false assumptions. how they can sleep at night with a bad guilty conscience beat me lol.
regards and good luck to all, we are all going to need it more now than ever before.
Don't forget the pandemic has costed hundreds of billions of pounds, and the sick/ ill/ disabled will be stripped down to the bone in order to claw back some monies into the government's coffers.
The assessor as in regards to this case should be named and shamed, then sacked taken to court and made to pay the claimant a full whack of compensation.
Its more than clear that this idiot of an assessor was only thinking of getting a quickie of a bonus in.
How can someone look down a telephone cable or pop out of your mobile phones screen and then judge your capability of walking ?
200 metres ! what an assumption, what a load of crap. it's about time these assessors an their fat cat bosses were made accountable.
But hey no ones on our side right, otherwise it wouldn't be happening.
too many untrue false assumptions. how they can sleep at night with a bad guilty conscience beat me lol.
regards and good luck to all, we are all going to need it more now than ever before.
Don't forget the pandemic has costed hundreds of billions of pounds, and the sick/ ill/ disabled will be stripped down to the bone in order to claw back some monies into the government's coffers.
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- disaillusioned
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3 years 7 months ago #263455 by disaillusioned
Replied by disaillusioned on topic Beware
Sadly it would appear to be the case !
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