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Evidence not listed as considered in report
- Kate
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5 months 3 weeks ago #292062 by Kate
Evidence not listed as considered in report was created by Kate
I have received the report from a change of circumstances review. I was alarmed to see that I have been reduced to standard mobility from enhanced. On further examination I can see that the supporting evidence provided by my husband has not been listed on the form. There is no reference to his written evidence throughout the report which would influence the mobility component in both mobility categories, preparing food and washing and bathing. In addition she refers to me being on 12d previously when I was in fact 12e.Following a previous MR. I am going to do an MR as but wondered if this omission of evidence is common place as I find it borders on professional negligence and incompetence
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- BIS
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5 months 3 weeks ago #292079 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Evidence not listed as considered in report
Hi Kate
I'm not sure I have ever seen a report listing all the evidence a claimant has sent in - so yes, it is quite commonplace for things not to appear. The fact that information from your husband is not listed - doesn't necessarily mean they haven't read it - though obviously, in your case, they must have ignored what he said. Do you know from what is written why they think your health has improved - which is what they are implying if your mobility has been lowered?
BIS
I'm not sure I have ever seen a report listing all the evidence a claimant has sent in - so yes, it is quite commonplace for things not to appear. The fact that information from your husband is not listed - doesn't necessarily mean they haven't read it - though obviously, in your case, they must have ignored what he said. Do you know from what is written why they think your health has improved - which is what they are implying if your mobility has been lowered?
BIS
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- Bud
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5 months 3 weeks ago #292095 by Bud
Replied by Bud on topic Evidence not listed as considered in report
You could complain to whoever assessed you, but they could assess you again. It happened to me when I complained to Capita about the assessor missing out medical evidence.
The following user(s) said Thank You: Gary
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- Kate
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5 months 3 weeks ago #292137 by Kate
Replied by Kate on topic Evidence not listed as considered in report
Thankyou- it seems because she has decided based on the fact I can swim , that I don’t take regular high strength pain killers. She has referred back to an old letter which alludes to me not being able to regularly and consistently walk 50m. This letter is 14 months old , I did not supply it as evidence for COC as things have deteriorated , I supplied letters since my last award all saying I have mobility problems and an MRI scan report listing 2 prolapsed discs and an arthritic spine. One letter says my walking problems are not due to claudication as a possible cause but most say i have mobility problems.I explained it is leg exhaustion rather than pain and I can not over come the fatigue. She also stated that my exercise tolerance is improved since my surgery , I have no idea where she got this from because it isn’t in the evidence or anything I told her and it exercise tolerance has deteriorated. I also said that I can’t do an unfamiliar journey alone due to anxiety and said if there was nobody to go with me I wouldn’t go- she gave me 0 for that and stated although I have anxiety i can manage it to travel unaccompanied. She has also totally disregarded that I can’t chop and peel veg, that I can’t get in and out of a bath without assistance. The evidence is there from professionals and my husband but she has definitely made her descision without considering all the evidence I sent
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- Gary
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5 months 3 weeks ago #292156 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Evidence not listed as considered in report
Hi Kate
Now you have the assessors 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.
Understand that the assessor is offering an opinion when they say 'in my opinion' 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, remember they are just an opinion which is not based on fact.
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; benefitsandwork.co.uk/guides-for-claimants/pip
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp
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
Now you have the assessors 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.
Understand that the assessor is offering an opinion when they say 'in my opinion' 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, remember they are just an opinion which is not based on fact.
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; benefitsandwork.co.uk/guides-for-claimants/pip
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp
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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- denby
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5 months 2 weeks ago #292214 by denby
Replied by denby on topic Evidence not listed as considered in report
I feel your [mental] pain Kate. My problems have different causes to yours. But I too have been rubbished for not living on painkillers. And I too have been disbelieved over mobility. I can't walk a single step without pain or use a bath at all. The Regulations at www.legislation.gov.uk/uksi/2013/377 state:
SCHEDULE 1
PERSONAL INDEPENDENCE PAYMENT ASSESSMENT
PART 1
INTERPRETATION
1. In this Schedule, —
...
“bathe” includes get into or out of an unadapted bath or shower;
How many assessors stick to this law???
And on the other hand, maps and timetables are one of my neurodiverse special interests, I stated no problem with the planning and following a journey activity on my form, yet the assessor wastes a chunk of my life in an assessment well over 2 1/2 hours, grilling me about this before marking it down as no points anyway. I mean, I am not trying to swing any lead, why do this? [rhetorical q, no answers expected, sigh]
I hope you feel better knowing you are not the sole victim of these dirty tricks, but I guess you knew this really anyway.
SCHEDULE 1
PERSONAL INDEPENDENCE PAYMENT ASSESSMENT
PART 1
INTERPRETATION
1. In this Schedule, —
...
“bathe” includes get into or out of an unadapted bath or shower;
How many assessors stick to this law???
And on the other hand, maps and timetables are one of my neurodiverse special interests, I stated no problem with the planning and following a journey activity on my form, yet the assessor wastes a chunk of my life in an assessment well over 2 1/2 hours, grilling me about this before marking it down as no points anyway. I mean, I am not trying to swing any lead, why do this? [rhetorical q, no answers expected, sigh]
I hope you feel better knowing you are not the sole victim of these dirty tricks, but I guess you knew this really anyway.
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