Got PA4 report and looks like i will fail for pip.

rockingbilly

Muttleythefrog wrote: »

You can't prove... you can only provide evidence... which is largely (if not entirely) going to come from the claimant if regarding something like these 'warnings'. These benefits should be based on the balance of evidence when it comes to determining disablements.

Yes I agree, that is what I was getting at.
There is no proof about what the claimant is saying.

The evidence is limited to what the claimant says V what the assessors report says. Now who should the DWP believe?

Muttleythefrog

rich_shot2003 wrote: »

Well today i got the letter and as i said its 0 points.

the letter was done last Friday so it took a week to get to me so a now only have 21 days to ask them to look at it again.

it also tells me that my DLA will stop on April 25th.

Well... one positive... you're prepared better than many for next step. You have (presumably) their key evidence for the decision (look carefully at their justification for the zero scoring descriptors and see if it just mimics the PA4 report) and know who can help you with MR. For that MR key is obviously focussing on the descriptors that do apply to you and how you go about explaining and evidencing that they do. The PA4 report may contain sufficient nonsense to casually discredit the entirety of it... but I think with advisor already potentially in place to help you here you need to take their lead assuming you can get that assistance in the next 3 weeks-ish. Make a note of the date on the decision letter... you've a month to respond with MR.

Muttleythefrog

rockingbilly wrote: »

Yes I agree, that is what I was getting at.
There is no proof about what the claimant is saying.

The evidence is limited to what the claimant says V what the assessors report says. Now who should the DWP believe?

Well... the assessors report is significantly based on what the claimant communicates unless they study other evidence.. so ultimately you have to weigh up evidence. DWP practice is of course likely full of flaws but a tribunal panel I suspect are less likely to incur same and look in a more court like manner at evidence. It needn't come down to 'who to believe'. As in this case it doesn't sound like there is any dispute over the facts... the dispute (if it exists) is over applying the facts to law... the DWP DMs no doubt habitually overlook the nonsense opinions of HCPs in PA4s for convenience.

rich_shot2003

Muttleythefrog wrote: »

Well... one positive... you're prepared better than many for next step. You have (presumably) their key evidence for the decision (look carefully at their justification for the zero scoring descriptors and see if it just mimics the PA4 report) and know who can help you with MR. For that MR key is obviously focussing on the descriptors that do apply to you and how you go about explaining and evidencing that they do. The PA4 report may contain sufficient nonsense to casually discredit the entirety of it... but I think with advisor already potentially in place to help you here you need to take their lead assuming you can get that assistance in the next 3 weeks-ish. Make a note of the date on the decision letter... you've a month to respond with MR.

Ive taken a look at both the PA4 report and the letter i got from DWP and yes the letter mimics the PA4 form to the word.

so to me the letter justification is just a copy & paste from the PA4 letter.

Alice_Holt

rich_shot2003 wrote: »

Well today i got the letter and as i said its 0 points..

This is a pro-forma for the mandatory reconsideration letter.
https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf
Don't expect the DWP to change their decision, it rarely happens at MR stage.
You will need to appeal to the Tribunal Service for a thorough review of the decision.
I would suggest sending off the MR asap so not to delay this process.

The guide I linked to on post 8 is helpful. Also:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/
http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-appeals
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/547146/pip-assessment-guide.pdf Pages 97-134 show how the descriptors should be applied. Page 86 on is useful on reliability.

Muttleythefrog

rich_shot2003 wrote: »

Ive taken a look at both the PA4 report and the letter i got from DWP and yes the letter mimics the PA4 form to the word.

so to me the letter justification is just a copy & paste from the PA4 letter.

I see.... not a great surprise. Well I agree with the Alice Holt advice above... unlikely MR will deliver any changed decision or acceptable decision... if you can get help to make that MR then do so... but don't greatly delay... your success is likely to more realistically arise at tribunal appeal after the MR... so key now is ensuring that MR is made in time.

rich_shot2003

Does our income support and Carers allowance still get paid till the last day of DLA payments or to the day when DWP made there mind up which was March 24th?

We have had no letters from income support or carers allowance yet so not sure on when they stop payments.