PIP Mandatory Reconsideration Declined

Tolly_T

It was recorded with their knowledge - I wouldn't have attended an assessment without recording because my memory is very bad. I think it's sensible for everyone to record their assessment if they can. You'd think knowing that the assessment was recorded the assessor would take extra care to make sure the report was correct but there are still mistakes on mine.

rockingbilly

Tolly_T wrote: »

It was recorded with their knowledge - I wouldn't have attended an assessment without recording because my memory is very bad. I think it's sensible for everyone to record their assessment if they can. You'd think knowing that the assessment was recorded the assessor would take extra care to make sure the report was correct but there are still mistakes on mine.

Mistakes and errors arise on anything. What you have to bear in mind is that the assessors report is not a FACTUAL report but an OPINION. It has no more legal basis than a report prepared and submitted as evidence from your spouse.
However and unfortunately the DWP do not seem to understand that and more often than not will treat the assessors report as a FACTUAL report.

Tolly_T

The errors on mine were in the functional history. This shouldn't include the assessors opinion, they are supposed to write down what you tell them. I found too many errors on the functional history for it to be genuine mistakes unless my assessor was extremely incompetent. Then as you say, the DWP take it as a factual report.

dktreesea

It used to be, until very recently, that most appeals to the tribunal went against the DWP. But they seem to be getting their act together a bit. Now they have designated people to attend the tribunal and present the DWP's case. I thought they always had that, but apparently not.

MoneyAdvice

dktreesea wrote: »

It used to be, until very recently, that most appeals to the tribunal went against the DWP. But they seem to be getting their act together a bit. Now they have designated people to attend the tribunal and present the DWP's case. I thought they always had that, but apparently not.

This is something that concerns me because my verbal communication skills with people I don't know are minimal. So there'll be someone from the DWP who will be able to verbally put the DWP's case forward, and then there will be me with minimal input. I wonder who will win.

rockingbilly

MoneyAdvice wrote: »

This is something that concerns me because my verbal communication skills with people I don't know are minimal. So there'll be someone from the DWP who will be able to verbally put the DWP's case forward, and then there will be me with minimal input. I wonder who will win.

The government have given the DWP £22m specifically so that they can hire in legally trained 'presenting officers' to not only present the DWP's case at appeal but to cross examine the applicant. Unless you are also legally represented and/or are able to present your appeal in a similar manner then the odds of winning an ESA or PIP appeal are greatly reduced.

Obviously the DWP must feel threatened by the number and percentage of appeals that are going in the favour of the claimant.
One way for them to stop it should be to deal with a claim in accordance with the actual regulations (and not the DWP's interpretation) as well as employing better trained assessors. Now doing that will only increase the chances of getting an award.
They can't have that so instead they are brining out the 'big guns' in order to destroy your credibility at the appeal hearing. The DWP aren't interested in being fair minded as their only responsibility is to the government and to refuse claims that on the face of it are genuine but just don't tick enough of the right boxes not because they don't but because the claimant isn't professional enough in making them 'fit' the boxes.

mycleverbunnies

When you go to the appeal, could your support worker explain at the beginning that you have difficulty processing verbal information from people you don't know, so could he repeat all questions asked,to you and you could answer to him instead and therefore through him? We do this with my grandson.
I might have made that sound more complicated than it should 😊

MoneyAdvice

rockingbilly wrote: »

The government have given the DWP £22m specifically so that they can hire in legally trained 'presenting officers' to not only present the DWP's case at appeal but to cross examine the applicant. Unless you are also legally represented and/or are able to present your appeal in a similar manner then the odds of winning an ESA or PIP appeal are greatly reduced.

Obviously the DWP must feel threatened by the number and percentage of appeals that are going in the favour of the claimant.
One way for them to stop it should be to deal with a claim in accordance with the actual regulations (and not the DWP's interpretation) as well as employing better trained assessors. Now doing that will only increase the chances of getting an award.
They can't have that so instead they are brining out the 'big guns' in order to destroy your credibility at the appeal hearing. The DWP aren't interested in being fair minded as their only responsibility is to the government and to refuse claims that on the face of it are genuine but just don't tick enough of the right boxes not because they don't but because the claimant isn't professional enough in making them 'fit' the boxes.

That's all well and good, but the descriptor I would like to focus on is the social interaction one, and when they see my poor communication skills, they will be able to make their own minds up. I am only two points off getting an award.

Angry_Andy

Look. The reality is this: if you fail your Esa/PIP assessment you need to prepare for a tribunal hearing. MR is a joke.

Lanzarote1938

Tolly_T wrote: »

The errors on mine were in the functional history. This shouldn't include the assessors opinion, they are supposed to write down what you tell them. I found too many errors on the functional history for it to be genuine mistakes unless my assessor was extremely incompetent. Then as you say, the DWP take it as a factual report.

Because you say it doesn't mean it is accurate. The assessors job, in part, is surely to consider the accuracy of what claimant says. Otherwise there is no need for face to face assessments....just believe what is written on the claim form...there job done.