Pip eligibility

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  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Ron2017 wrote: »
    I had my assessment today but couldn't tell you how it went.

    I told them that depending on the day/time I can do most things that normal people can do even though I may pay for it later.

    The assessor would have stopped listening once you said you could do most things - to explain properly, you have say things like "No, I can't because if I do it, I will be ill afterwards".

    Remember, if you can't do things 'reliably, repeatedly and safely', you can't do what a fit person can do.

    Ron2017 wrote: »
    Hi everyone, i finally got my decision yesterday and as many of you predicted i was turned down.

    Any ideas where I go from here?

    This is a very helpful FB page -
    https://www.facebook.com/groups/278260135547189/
  • poppy12345
    poppy12345 Posts: 17,963 Forumite
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    Ron2017 wrote: »
    Hi Poppy, thanks for the reply.
    I already have a copy of the assessment and i asked for a mandatory reconsideration on the phone yesterday. I never sent in any evidence as I haven't really got any. All i could really provide is six years of hospital visits, appointments and tests etc
    I am going to send in a covering letter for my mandatory reconsideration, but I'm not sure if that will do any good.
    You'll need to put the request in writing also. Having no evidence won't help. You have to prove those descriptors apply to you. Can you write a diary? ask someone who knows you well to write a letter for you. Appointment letters aren't of much use to be honest.
  • Muttleythefrog
    Muttleythefrog Posts: 19,767 Forumite
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    edited 13 May 2017 at 1:09PM
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    Quickly giving advice... I would make sure that you do construct a good Mandatory Reconsideration letter focussing on the activities and their descriptors.

    In a sense you do have a basis to work with.. you already have the PIP report and you'll be able to see if the decision essentially mirrored it... check. From that there is already an acceptance of some disablements and it may be along similar lines you can argue others apply... whilst adding description of your difficulties to convince of other scoring descriptors. Majisola raises key points above... I suspect your wording at assessment may have given them easy routes out of considering scoring descriptors...a sort of 'claimant reports they can perform the activity at various times through a typical day' type of approach. Got to be so careful with language and qualify the difficulties especially with consideration for safely (acceptable standard), reliably, repeatedly and in a reasonable time. This is especially important if you are able to perform activities but as you put it.. you'll pay for it later... you must be able to perform an activity to these criteria in order to be considered able to do it... for example if someone can walk 50 metres but it takes them 20 minutes then that clearly would not be a reasonable time... so they shouldn't be considered able to walk 50 metres.

    All is certainly not lost... and you may have time to get tailored assistance for the MR especially since you already have the PA4 report. Don't expect a lot from MR but it is a necessary step if wanting to make a later appeal to tribunal.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • Ron2017
    Ron2017 Posts: 34 Forumite
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    Hi everyone, once again thanks for all the replies.
    I now have the assessment papers through and to be honest I'm even more confused than I was.
    Firstly I was asked how often I have symptoms and i said everyday, which is true. I was pressed further and said that on average two days out of seven would be normal days, but that is only if I added up all the hours without pain and/or dizziness. In some parts of the report she acknowledged this but still made a lot of recommendations based on 2 days out of seven.
    I told her that if I was not in pain or dizzy i could walk more than 200 metres​, but when in pain and dizzy i can barely manage to get to the toilet. She has put down thirty metres, but in her words in another part she has wrote, the mso found a normal range of movement and power in all​ limbs and the informal observation noted that he was able to walk the 45 metres to the assessment room at a normal pace and with a normal gait. Taking into consideration the number of days that he is affected by these symptoms the evidence suggests that he can stand and then move more than 50 metres but no more than 200 metres reliably and repeatedly.

    Another thing that confuses me is that she updated the report one month after I saw her but it does not say what changes​ were made.
    This has taken thirteen months so far and i just don't think it's worth arguing with them really.
    Thanks​ again.
  • Muttleythefrog
    Muttleythefrog Posts: 19,767 Forumite
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    edited 15 May 2017 at 8:47AM
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    Ron2017 wrote: »
    Another thing that confuses me is that she updated the report one month after I saw her but it does not say what changes​ were made.
    This has taken thirteen months so far and i just don't think it's worth arguing with them really.
    Thanks​ again.
    Your case is confusing full stop..lol. So to clarify... you eventually managed to get your face to face assessment... you requested the assessment report and got that... then a few weeks later you got a decision from the DWP that is or is not in line with that report? Then now you have received another report copy suggesting the face to face assessment report has been amended (you say it doesn't identify what changes were made but surely you can tell right?) To be honest it is difficult to get a handle on this... but tailored advice to pursue the matter in reconsideration and beyond if necessary may be required... someone to sit down and see what has happened and work out the best arguments given the evidence and decision letter. If you don't get support and want to construct the reconsideration letter... I advise doing so in a logical simple way. Your personal details including NiNo number.. the decision you wish them to reconsider (PIP decision of date x that I was not entitled to an award).. then go through each activity identifying which descriptor you think should apply and detailing why (including any evidence that supports your view including the assessment report if applicable.. or indeed anything from ESA evidence/award). You could make some generic challenge to the report in comment...'the HCP seemed to consider me able to perform tasks that for the majority of the time I am unable to safely, reliably, repeatedly... this despite my explanation in detail at assessment' that kind of thing. And end with a conclusion asking them to reconsider the decision and saying what award you should get.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • Ron2017
    Ron2017 Posts: 34 Forumite
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    Hi mutley, thanks for the response.

    The second copy of the assessment i received is basically the same as the first except that this one tells me that changes were made, but does not show the changes.
    The decision from DWP is exactly in line with the recommendation made by the atos person. The report does contradict itself though and is even portrayed wrong in places, than what was actually discussed.
    I'm just wondering if it's even worth pursuing as i don't really have medical evidence as even the doctors are stumped.
    Thanks
  • Muttleythefrog
    Muttleythefrog Posts: 19,767 Forumite
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    Ron2017 wrote: »
    Hi mutley, thanks for the response.

    The second copy of the assessment i received is basically the same as the first except that this one tells me that changes were made, but does not show the changes.
    The decision from DWP is exactly in line with the recommendation made by the atos person. The report does contradict itself though and is even portrayed wrong in places, than what was actually discussed.
    I'm just wondering if it's even worth pursuing as i don't really have medical evidence as even the doctors are stumped.
    Thanks
    I've been adding to my post as you were posting... in terms of pursuing reconsideration. I wouldn't say a lack of supporting evidence is a terminal barrier. Any letters confirming things like diagnosis or the inability to reach one could be useful in simply verifying the sorts of problems you have... giving a basic to argue certain disabilities in relation to the descriptors apply. I do think your chances at appeal will be higher than reconsideration... at appeal... if you go... the panel will be able to enquire directly of you your difficulties and there is a good chance they'll do so with entirely sound intent to reach logical decisions on applicable descriptors... an intent that the HCP should have but may be thwarted due to various factors including unwritten targets of time and 'performance'. But first reconsideration... if you decide to continue with the matter. Support may be very useful.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • Ron2017
    Ron2017 Posts: 34 Forumite
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    Thanks again.

    I am going to try and see someone but I don't hold out much hope where I live as things like cab are totally overwhelmed.
    I have contacted DWP for my original report(unedited) and they say they have never had a copy, i asked atos for a copy and they say they do not hold that and send it all to the DWP. So basically that's another barrier, i would love to see the original as they must have edited it for a reason.
  • Alice_Holt
    Alice_Holt Posts: 5,950 Forumite
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    Ron2017 wrote: »
    I'm just wondering if it's even worth pursuing as i don't really have medical evidence as even the doctors are stumped.

    I think it would be, as you have nothing to lose by taking it to tribunal.

    This guide is very helpful:
    http://www.advicenow.org.uk/guides/how-win-pip-appeal

    Tribunal panels are very thorough, and will carefully listen to your verbal evidence.
    Just be very clear on what descriptors and points apply:
    http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/547146/pip-assessment-guide.pdf

    Supporting evidence can be from carers / family members.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Ron2017
    Ron2017 Posts: 34 Forumite
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    Thanks very much for those links. I have had a callback from DWP today saying that they need medical evidence, I'm going to see my GP next week. Unfortunately his answer when I asked for something before was that he wouldn't have signed me off for six years if I was okay.
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