Assessors report for pip

Does dwp usually go with the assessors report on making their decision? I've asked for a copy and should get it tomorrow or Friday 
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  • poppy12345
    poppy12345 Posts: 18,877 Forumite
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    Wakeybex said:
    Does dwp usually go with the assessors report on making their decision? I've asked for a copy and should get it tomorrow or Friday 

    Usually yes but they can go against it, it's just rare.
  • Wakeybex
    Wakeybex Posts: 24 Forumite
    10 Posts
    I've received my report back from dwp and read through it doesn't look good but they have literally gone the opposite of what I've said can someone tell me if I can challenge it and if anyone has done the same and been successful as I've got serious mental health issues Ive also got a health problem that affects my daily life but it's in the report that I have no illness 
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,011 Forumite
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    Wakeybex said:
    I've received my report back from dwp and read through it doesn't look good but they have literally gone the opposite of what I've said can someone tell me if I can challenge it and if anyone has done the same and been successful as I've got serious mental health issues Ive also got a health problem that affects my daily life but it's in the report that I have no illness 
    When you get the decision you can do a Mandatory Reconsideration, where you explain what descriptors / points you disagree with, what descriptors / points you feel apply to you, and why. There is a time frame for it, I think it's 30 days but the decision letter should tell you anyway.

    You can point out inaccuracies or inconsistencies in the report if it supports your case to do so (e.g. report says I have no illness but {doctor} diagnosed me with {illness} on {date}) but focus your energy on how they affect you, what descriptors/points you should be awarded and why.

    If you need to take it to tribunal then I believe you can delve deeper and possibly point out further inaccuracies/inconsistencies but again, only where it helps your case. (No point calling the assessor a liar or accusing them of making things up, even if that's exactly what you want to do right now!)
  • Muttleythefrog
    Muttleythefrog Posts: 20,290 Forumite
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    edited 29 August 2020 at 11:44AM
    Wakeybex said:
    I've received my report back from dwp and read through it doesn't look good but they have literally gone the opposite of what I've said can someone tell me if I can challenge it and if anyone has done the same and been successful as I've got serious mental health issues Ive also got a health problem that affects my daily life but it's in the report that I have no illness 
    Good advice above. Disappointing to hear the report is inaccurate reflection of a telephone assessment you felt had gone well. One positive is you're ahead of the game... you have a good idea what decision is likely coming and can be prepared for that Mandatory Reconsideration stage.... focus on the activities and the descriptors you think are relevant. I know there is often the true statement that you get awarded PIP based on the disabling effects of your conditions (and not the conditions themselves) but I would say diagnosed conditions are what are commonly used to justify opinion as to what those disabling effects are (my last PIP assessment report justified every descriptor choice including zero point scoring ones with either a diagnosed condition (usually the wrong one!) or the lack of one) so if you do indeed have diagnosed mental health (or other) problems then get that into evidence (ideally in the form of a healthcare professional's report/letter) if not already supplied... seems especially important if the assessment report is giving opinion suggesting you have no relevant illness.

    Jumping ahead of ourselves if you do get a disappointing decision and then a disappointing decision for the reconsideration then you can appeal to independent tribunal. The time it is taking for appeals to be carried out look lengthy... deeply unsatisfactory given the damage such delays can cause (I'm having a PIP review now and if I had to go to appeal due to lost award I will lose my full time carer and in effect my wife even if I win that appeal.. I would not have months to play with).

    Good luck..
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • poppy12345
    poppy12345 Posts: 18,877 Forumite
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    Wakeybex said:
    I've received my report back from dwp and read through it doesn't look good but they have literally gone the opposite of what I've said can someone tell me if I can challenge it and if anyone has done the same and been successful as I've got serious mental health issues Ive also got a health problem that affects my daily life but it's in the report that I have no illness 

    Even though what's been written doesn't look good have you actually looked at the PIP activities in the report and compared them with the PIP descriptors online?
    Points in the report are not added because it's just a recommendation and nothing more, so they are not added. Using the PIP self test is always useful for this because it adds any score up for you at the end. Just transfer the dots in the report into the self tes.

  • Wakeybex
    Wakeybex Posts: 24 Forumite
    10 Posts
    I've looked at the descriptors but it saying on every page I can do unaided but when I requested it they did say it might not be the final report 
  • Wakeybex said:
    I've looked at the descriptors but it saying on every page I can do unaided but when I requested it they did say it might not be the final report 
    Wait for your decision to come through as it could be different to the assessors report all together, if it isn't what you would hope for then I would suggest to go ahead with the mandatory reconsideration. Let us know how you get on.
  • poppy12345
    poppy12345 Posts: 18,877 Forumite
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    Wakeybex said:
    I've looked at the descriptors but it saying on every page I can do unaided but when I requested it they did say it might not be the final report 

    Sometimes reports are returned to the HCP if issues are found by the decision maker but this is very rare. The report you received is the report, there won't be another one for this claim.
    What they mean is that the report isn't the final decision, which is true, it's not., it's recommendation. They can go against the report and it is has been known but it's very rare for this to happen and they mostly go with it.
    When writing the MR request make sure you add a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.
  • Wakeybex
    Wakeybex Posts: 24 Forumite
    10 Posts
    I'll give you a couple of descriptors that are wrong for e.g 
     my medication for this question it says I can take them unaided as this I told them I have to be reminded Dailly 
    Washing/bathing
    Saying the same thing can do this unaided I have also to be reminded of this as because I've depression I don't shower or bath for weeks and have to be prompted by my partner
    Cooking food 
    This also says the same 
    I've I don't get told by anyone partner mainly I will not eat he has to tell me to 
    Dressing and undressing 
    I don't change my clothes for days on end also have to be reminded to do this 
    Then mobility side of things
    I can stand unaided and walk but I can walk about half a mile before I have to stop and sit down as I get breathless due to my ongoing health condition (heart) this also said I can do this unaided
    That's just a couple of them that is wrong please please no judgement on this 
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,011 Forumite
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    Half a mile is much more than 200m so if you can do that most days and repeat it after sitting to catch your breath, you'd not get anything for the mobility.
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