PIp award- assessor lied

Almost-free

My son is on the autism siectrum and has received DLA most of his life.
We attended his face to face 5 weeks ago - and I feel as though I sat through a different assessment . The assessor has put completely untrue statements in her write up and has awarded him zero points . She states he had good eye contact and stayed focused throughtout the assessment - just one of the many completely inaccurate statements she has made as he stared at the wall through most of the meeting and was so agitated at one point when trying to complete a task she set him,I had to stop him running out of the room ( this was after we were keit waiting almost 2 hrs.)

I'm so shocked . From reading the form it seems as though you can only ask the reconsideration of what she has written- but what she has written is not accurate or true. She asked him about not being able to make journeys on his own and he got upset , I explained about a time we tried to allow him some independence on a short journey and he thought he was lost and panicked - luckily I was a short distance behind in my car. She says he's learned to cook- but he is unable to concentrate and has caused fires which we talked about -not on the form. She says he can handle his own hygiene - another lie!
On the basis of what she wrote - I'd agree, but that isn't the truth of his situation at all!
How/can I challenge what she has actually written?
It says asking for an explanation - I don't need that as she hasn't written an accurate assessment of his needs. Do I write or telephone in the first instance ? I don't suppose these face to face are recorded so I can challenge what she has written ?

NeilCr

First step is the Mandatory Reconsideration.

Details and how to go about it here

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/

Be aware of the time limits as set out in the link. May be worth getting some help from CAB or the like.

They aren't recorded unless you specifically request it

Almost-free

Thanks Neil. It says his DLA will stop on 19th June so of course I won't be entitled to CA after that either. I'm thinking this reconsideration will take longer than that - so do I tell CTC as well so that is adjusted down as well?

I'm in a state of shock - to award zero points. I used to fill out forms for people when I was a health visitor so am used to the forms and how to apply the descriptors to his needs etc but I feel she is basically saying she doesn't believe it - and unfortunately with ASD you don't have a lot of medical evidence to back the claim up,so I can see it's easy to just discount what the carer and claimant is saying . The fact she has so blatantly lied about what happened during the meeting has shocked me though .

poppy12345

What you need to do is put the request in writing, stating what you disagree with and where you think he should have scored those points.


Your CA will stop yes and yes you need to contact HMRC because the disability element of that will also stop. Do you claim any other benefit like Income Support? If so then this will also stop.


Most MR decisions remain the same so it's highly likely you'll have to take it to Tribunal. Appearing in person will give the best chances of success for this and 70% of those that do, have a decision in their favour.


There's no time scales to the MR decision and if he doesn't get to Tribunal stage it could well be several months before you have a hearing date.


Did you send in evidence to support the claim? They very rarely contact anyone for evidence. The onus is on the claimant to make sure it's sent with the form. Good luck.

Almost-free

I did provide evidence - he has a therapist and his senco also provided evidence .
I'll start the letter on Monday ( I note from the letter date it's then 9 days to get to me ) and I've ajready had a letter about Carees stopping, so it's just the CTC people I will need to contact then .

Alice_Holt

Here are some useful resources:

https://www.advicenow.org.uk/guides/how-win-pip-appeal

https://www.advicenow.org.uk/pip-tool

This site has a very good appeal guide, but membership is c.£20 pa:
http://www.benefitsandwork.co.uk/images/image/samples/dla/sample_pip_jan17_v24.pdf
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

Here is the assessors guide on how the Daily Living PIP descriptors should be interpreted:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/665635/pip-assessment-guide-part-2-assessment-criteria.pdf
(Note that the mobility descriptors on this DWP guide are now incorrect and out of date re psychological distress).

You are probably aware of NAS:
http://www.autism.org.uk/about/benefits-care/benefits/pip/challenging.aspx
They also have a help line.

I'd be inclined to make the MR as strong as you can. Concentrate on why the necessary 8 Daily Living points should be awarded. Don't go overboard on criticism of the assessor, but do make any criticism telling. Write it from the point of view of the DWP Decision Maker, (they must see many angry MR's about the assessment) - make the points compelling, give examples and evidence.

Evidence can include letters from family members, carers, etc - but do ensure these address the relevant PIP descriptors.
In PIP legislation reliability is very important - i.e can the activity be done safely, to an acceptable standard, repeatedly, etc. The assessment should also consider if activities can be done reliably for the majority of the time. B & W and the Assessment Guide have good info on these critical factors. I'm guessing the flawed assessment didn't consider these.
If your son had a SEN report from school include a copy. Any other professionals who could confirm your son's difficulties in regard of the PIP activities such as the therapist and SENCO?
Evidence could also include a brief diary from yourself detailing the difficulty your son has with PIP activities over a typical week/ fortnight.

In terms of descriptors - these could well apply:

9. Engaging with other people face to face.
c. Needs social support to be able to engage with other people. 4 points.
(You were at the assessment with your son. Do you go to the GP etc with him to help him explain and understand stuff?)

10. Making budgeting decisions.
b. Needs prompting or assistance to be able to make complex budgeting decisions. 2 points.
(Have a look at the assessors guide to see what this relates to.)

If so, you need 2 more points - Often taking nutrition can be a difficulty (supervision necessary in order in eat a varied and sensible diet?), sometimes washing / showering is (as you have indicated in your OP), and often dressing is (favourite dirty and inappropriate clothes?). The cooking activity also includes following a recipe for a simple meal (from raw ingredients) - so this might also be a difficulty for your son.

Re Mobility:
1. Planning and following journeys.
d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid. 10 points.
Would seem to be the minimum, explain it in terms of safely to an acceptable standard (which the assessor has singularly failed to take into account).
1 f may apply. Give examples on your MR if it does.

There has been a recent PIP Upper Tribunal ruling on supervision and risk that might be useful to you:
https://www.benefitsandwork.co.uk/news/3611-safety-and-supervison-ruling-could-mean-pip-for-many-more-claimants

In terms of appeal tactics:
Given the very long wait for a tribunal hearing, I'd try to make your MR one of the 20% successful ones;
Be very, very clear how and why the PIP descriptors apply;
Don't rush it - take your time to get evidence / reports etc;
Get someone to proof read it - contact your local CAB / advice agency it's possible they may be able to do this. Write it with the DWP DM in mind - concise, clear, compelling, directed at the PIP activities, etc - don't vent.

The 1 month MR deadline has recently been found unfair by an UT:
https://www.benefitsandwork.co.uk/news/3611-safety-and-supervison-ruling-could-mean-pip-for-many-more-claimants
The UT decision ref to quote on your MR is "R(CJ) and SG v Secretary of State for Work and Pensions (ESA): [2017] UKUT 324 (AAC)"
If you are likely to be beyond the 1 month DWP "deadline", ring them just before to lodge your MR request tell them you will be putting in a detailed written MR and ask them to not to make a decision until this has been considered by a DWP DM. Ensure you keep a note of time of telephone call, person spoken to, etc.

You can request the assessors report (PA4) from the company - but may not get it quickly.

It may be worth involving your MP - sometimes an MP's intervention can help the DWP reach a sensible decision.

Good luck - let us know what happens.

Alice_Holt

Re the report.

Assessors often use standard phrasing - "good eye contact" being one.
Reports often seem to be cut and paste of standardised comments.
Few poor reports actually see the claimant as an individual. Most are lists of standardised comments that recur in many other's reports
My local CAB saw a report for a male referring to him as Mrs and stating "she can put her bra on....". ATOS cut and paste gone disastrously wrong!!


Often a very poor report is helpful, as it will carry little (or no) evidential weight at tribunal.
0 points for someone with a SENCO and a therapist is absurd, and is likely to be seen so by the tribunal panel.

https://www.buzzfeed.com/emilydugan/most-dwp-benefits-cases-which-reach-court-are-based-on-bad?utm_term=.bxlZEJ4by#.cyqDOe9lz

pmlindyloo

I don't know if this applies to you but, if not, it might be useful to someone else.

If you are receiving Income Support as a carer, this can continue for eight weeks after your Carer!!!8217;s Allowance stops (and should increase to the amount you were receiving from both Carer!!!8217;s Allowance and Income Support). CarersUK

TELLIT01

[QUOTE=Almost-free;74357922
How/can I challenge what she has actually written?
It says asking for an explanation - I don't need that as she hasn't written an accurate assessment of his needs. Do I write or telephone in the first instance ? I don't suppose these face to face are recorded so I can challenge what she has written ?[/QUOTE]


You can ask for an explanation of why the report bears little relationship to what actually happened and is therefore totally inaccurate.

Mandatory Reconsideration is the first step and you can call to request that.

poppy12345

TELLIT01 wrote: »

You can ask for an explanation of why the report bears little relationship to what actually happened and is therefore totally inaccurate.

Mandatory Reconsideration is the first step and you can call to request that.

You can but it's always better to put it in writing.

Almost-free

poppy12345 wrote: »

You can but it's always better to put it in writing.

So would it be two separate letters- one asking why the report bears little resemblance to the f2f and separate request for MR?

I am receiving income support atm as I gave my career up to help him and couldn't find work to sit alongside the taking to and from school and not being able to safely leave him at night . I've also had 2 lots of cancer since I became a carer and am still not 100%, though not so bad I can make any sort of claim myself .