PIP Mandatory Reconsideration Declined

MoneyAdvice

I'll be getting my autism report in a week which will outline in detail the difficulties I have. This is an NHS diagnoses so it can be used at the appeal.

rockingbilly

MoneyAdvice wrote: »

I'll be getting my autism report in a week which will outline in detail the difficulties I have. This is an NHS diagnoses so it can be used at the appeal.

I went to the jobcentre today to get help with filling in the PIP2. Not a very good experience. Had to walk the length of the building about 35 metres ten up two flights of stairs (no lift) to get to one of their interview rooms. The guy I was seeing walked behind me all the way presumably watching and taking note of how I walked, the distance and when I had to stop. He was very officious.
Anyhow when I produced one of the many reports (this one was explaining in full detail all about my mental health problems and how if affects my every day life) he told me that I could not use it as it was dated 2013 - more than 2 years old! I should have gone back for a review and obtained an up to date prognosis/diagnosis/conclusion within the last 2 years. I then presented another report which gave full details of how I have ended up with two hearing aids - not acceptable, more than 2 years old. This went on for 4 out of the 6 main reports. Consequently he only took two that were 'in date' saying the rest would not 'hold water with the Case Manager'.
Came home totally deflated.
To satisfy the DWP I have to waste the time of the consultants and doctors to be completely reassessed in order to have an up to date report.

You should be OK as your report will be accepted.

Tolly_T

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.

I'll give you the benefit of the doubt and assume you don't know what the functional history part is. I'm sure you aren't arguing that the assessor should change what you say during an assessment to what they think you should have said!!!

There is no place for the assessors opinion in the functional history part. There are other sections where they give their opinion. I was very clear that there were errors in the functional history section of my report and that's what I have an issue with. Their guide (section shown below) shows that their opinion isn't relevant in this part. The functional history is supposed to be the claimant's own perspective - if the claimant states they can only walk 5 metres the assessor should write "The claimant states he can only walk 5 metres". When they justify their choice for awarding zero points they will then state "I witnessed the claimant walk from their car to the centre which is over 50 metres" for example. I have no problem with this provided it's true but if they change the functional history part to "The claimant states he can walk over 50 metres." there is obviously a problem. The assessor doesn't have to believe everything but they do need to record it accurately in the functional history. If that's not important then I agree there is no need for a face to face assessment - the assessor can write down anything they like without even needing to meet with the claimant.

The functional history is the claimant's own perspective on how they
manage the daily living and mobility activities. What functional
limitations do they have as a result of their health condition or
impairment? It is not the HP’s opinion of what the claimant should be
able to do. It should be recorded in the third person, and should
make it clear that this is the claimant's story. For example, "He gets
up at ... and says he can wash and dress without any difficulty"; "She
states that she finds it difficult to lift heavy saucepans". Wherever
possible, the record should contain specific examples to illustrate
difficulty with activities. For example, "He finds buttons difficult and
tends to wear clothes that can be pulled over his head"; "She can
manage to feed herself but needs to have meat cut up for her".

rockingbilly

Tolly_T wrote: »

I'll give you the benefit of the doubt and assume you don't know what the functional history part is. I'm sure you aren't arguing that the assessor should change what you say during an assessment to what they think you should have said!!!

There is no place for the assessors opinion in the functional history part. There are other sections where they give their opinion. I was very clear that there were errors in the functional history section of my report and that's what I have an issue with. Their guide (section shown below) shows that their opinion isn't relevant in this part. The functional history is supposed to be the claimant's own perspective - if the claimant states they can only walk 5 metres the assessor should write "The claimant states he can only walk 5 metres". When they justify their choice for awarding zero points they will then state "I witnessed the claimant walk from their car to the centre which is over 50 metres" for example. I have no problem with this provided it's true but if they change the functional history part to "The claimant states he can walk over 50 metres." there is obviously a problem. The assessor doesn't have to believe everything but they do need to record it accurately in the functional history. If that's not important then I agree there is no need for a face to face assessment - the assessor can write down anything they like without even needing to meet with the claimant.

Not withstanding what you say and what the assessor writes, you cannot be that naïve to think that the assessor will work to what the guidelines say?
It is up to you to prove that what is written down is NOT what you said as well as to convince the DWP case manager that on the balance of probabilities your version of events is more likely to be more true than what the assessor has written.
I had an assessment for ESA in which the assessor wrote that I had said that I did not and never have had any mental health issues. That was easy to prove, I sent them a copy of my discharge report when released from being under section!

MoneyAdvice

I have prepared a document where I am disputing two main descriptors (see below). Please could anyone advise whether I have constructed the appeal properly.

I strongly believe that I should be awarded more points on these descriptors, and any advice or correction will be appreciated. I will be attending a verbal hearing, but I want to document my appeal in-case I seize up (which will be very likely).

The lines in orange are what the DWP decision-maker awarded me with.

7. Communicating verbally.
a. Can express and understand verbal information unaided. 0 points.
b. Needs to use an aid or appliance to be able to speak or hear. 2 points.
c. Needs communication support to be able to express or understand complex verbal information. 4 points.
d. Needs communication support to be able to express or understand basic verbal information. 8 points.
e. Cannot express or understand verbal information at all even with communication support. 12 points.

I disagree with this decision. I have difficulties understanding complex verbal instructions. My brain doesn’t process verbal information properly especially if information is in large quantities. When processing verbal information, the person has to speak clearly, in small quantities and at a reasonable pace otherwise I won’t process it the majority of the time. I receive support from my support worker to help me understand more complex sentences. He regularly has to remind me to ensure I have understood the information because it’s difficult for other people to interpret whether I understand or not. If I don’t understand, he will explain in a clear tone and shorter sentences.

At the face-to-face assessment, I reported that I struggle with verbal input and large quantities of information is difficult for me. However, the assessor stated in their report I stated that I have no hearing or speech difficulties. Furthermore the report states, “He answered all questions appropriately and required no prompting.” I was not engaged with any complex verbal information and most questions required only stock answers.

9. Engaging with other people face to face.
a. Can engage with other people unaided. 0 points.
b. Needs prompting to be able to engage with other people. 2 points.
c. Needs social support to be able to engage with other people. 4 points.
d. Cannot engage with other people due to such engagement causing either –
(i) overwhelming
psychological distress to the claimant; or
(ii) the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another person. 8 points.

I disagree with this decision. I require social support to be able to engage with other people. I have difficulties understanding complex verbal information, which limits how I engage with other people. I also suffer from high anxiety when interacting with people. I struggle to interact with other people verbally (and non-verbally; body language etc) without support (e.g my support worker or family member). I will revert to stock answers and I won’t elaborate most of the time.

I was in the care of a therapist at Open Minds as it was suspected that I suffered from depression who enrolled me onto the CBT (cognitive behavioral therapy) due to my high anxiety. This proved unsuccessful and they referred me to the Autistic Diagnoses team at Open Doors because my symptoms were autism related.

My high anxiety and difficulties understanding people has caused me to isolate myself at home because I get too distressed when performing this task by myself.

Alice_Holt

Be aware of the definition of complex verbal info.

This is from the PIP assessors guide
"Complex verbal information is information conveyed in either more than
one sentence or one complicated sentence, for example: “I would like tea
please, just a splash of milk and no sugar, as I always have sweeteners
with me for when I go out.”
Verbal information can include information that is interpreted from verbal
into non-verbal form or vice-versa – for example, speech interpreted
through sign language or into written text.
Communication support means support from another person trained or
experienced in communicating with people with specific communication
needs (for example, a sign language interpreter); or someone directly
experienced in communicating with the claimant themselves (for
example, a family member)."

MoneyAdvice

What about social support?

teddysmum

Your excellent written English does suggest that you are capable of complex communication.

MoneyAdvice

teddysmum wrote: »

Your excellent written English does suggest that you are capable of complex communication.

It does get quite irritating when people presume they understand autism. So 'presumably' if I am able to communicate excellently in written form, I obviously can communicate excellently verbally? If you know anything about autism then you would know that this may not be the case. People on the autistic spectrum are affected differently. For example, someone who is hyper-sensitive to sound and has low executive functioning may have problems with verbal input. I'm not saying I'm not an intelligent person, but long sentences that's communicated verbally won't register with my brain due to my verbal input problems.

It's quite naive to think that if one can communicate in written English then they can obviously communicate excellently verbally, too. I have an official diagnoses which includes that I struggle with verbal input.

_CC_

teddysmum wrote: »

Your excellent written English does suggest that you are capable of complex communication.

Believe it or not there are people who can write/type excellently but can not do the same verbally. I don't know the OP but generally many people with Asperger Syndrome would very much fit into this category.