PIP help

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pennyforthem
pennyforthem Posts: 230 Forumite
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in Disability money matters
Are you able to ask for evidence of things they claim ?

What I have said?
What they have seen?
What the NHS say?

They keep saying "informally" which I assume they will turn round and say we don't have hard evidence ?

Also, can you put in a formal complaint ? If so how ?
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  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    Can you give us a bit more information?

    Have you had a PIP assessment or are you about to have one?

    The answer will give us more of an idea how to help?
  • pennyforthem
    pennyforthem Posts: 230 Forumite
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    I have had one.
  • pennyforthem
    pennyforthem Posts: 230 Forumite
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    I had the assessment they replied it will be stopped and that was the evidence stated that I would like am I entitled to it ?
  • kingfisherblue
    kingfisherblue Posts: 9,203 Forumite
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    So following your assessment, the decision is that you do not qualify, and you didn't receive an award?

    The first step is to request a Mandatory Reconsideration. This has to be requested within a specific length of time (I think it's 28 days - maybe someone can clarify).

    Have you read the descriptors and provided evidence of where you should gain points? For example, do you have information from anybody in the medical profession to support your claim?
  • pennyforthem
    pennyforthem Posts: 230 Forumite
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    The only difference between this assessment and the previous one where I was awarded is my foot drop had improved and I no longer walk on crutches but I do still use support. Everything else is either the same or worse and last tie they awarded me 0 points for mobility and I still got the money. The problem is I can't reply to the letter, the letter is distressing because it is filled with lies and it is too much for me to reply especially in a polite manner.
    I know for a fact that they do not have the evidence they have stated and it is my easiest route and the route that will not lead me into trouble, Am I entitled to see this evidence ???????????
  • pennyforthem
    pennyforthem Posts: 230 Forumite
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    The ONLY things I wanted to know is am I entitled to see the evidence that they claim they have because I know for a fact they can not produce it !!! They even refused to look at documents I took to the assessment and completely ignored a letter I wrote!!!!!!!!!!!!!!!
  • Prinzessilein
    Prinzessilein Posts: 3,257 Forumite
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    After your assessment you received a letter saying that your benefit is going to stop...is that right?

    The letter should include the list of descriptors, and how many points you were awarded for each...alongside this will be the assessor's reasons....this is where you will find their 'evidence'

    As an example, for the preparing/cooking a meal descriptor, the assessor gave me points because my lack of coordination means I need help using a knife for cutting - and then they referenced the medical report I had submitted as their reason for awarding the points.

    If the 'evidence' is observational, the assessor will have written this in their notes too....so, the assessor stated that I was observed to brush my long fringe out of my eyes...and used this as 'evidence' that I have full movement in my arms.

    If you disagree with your award , look at the descriptor sand the reasons given by the assessor for awarding - or not - any points....and see if you have any proof ('evidence') to show that the assessor is in error. (So, a medical record, GP note....or in the 'hair' example above, I could have pointed out that I have cropped hair with no fringe in my eyes,...so the assessor clearly is in error to say I brushed it out of my eyes!)

    Then send of a letter asking for a Mandatory Reconsideration ...and show why you believe you deserve the points.....if the Reconsideration fails you can go to a tribunal
  • pennyforthem
    pennyforthem Posts: 230 Forumite
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    Yes letter gave me 0 points for EVERYTHING, the NHS has said in report I have no diagnosed medical problems ! I know that the letter states where this alleged evidence comes from, and I am telling you it does not exist !Q!!!!!!!!!!!!!!!!!! AM I ENTITLED TO HAVE A COPY OF THIS EVIDENCE THAT THEY CLAIM TO HAVE OR NOT???????????????????? THAT IS ALL I AM ASKING!!!!!!!!!!!!!!!
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    Can you tell us the exact wording they used as regards the 'NHS has said that I have no diagnosed medical problems'?

    Did you send them medical evidence from consultants/doctors etc ?

    (I know you said that they refused to look at evidence at your assessment. What evidence was this? From consultants/doctors/other medical professionals?
  • pennyforthem
    pennyforthem Posts: 230 Forumite
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    dOES THAT REMOTLEY ANSWER MY QUESTION ? CAN I ASK TO SEE THIS ALEDGED EVIDENCE OR NOT??????????????????
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