PIP MR advice please

Bluenunn_in_the_north

Hi,

I had my phone assessment couple of weeks ago. I've been on pip for about 3 years, after numerous tribunals, winning a UTT, and challanges. I have depression and anxiety.

The report gave me 0 points. The explanations were all lies or half proofs. Now I'm in the midst of a breakdown. I do not know how people from an office can be so cruel with the unlawful ramifications that Subject I'll people to. Truly repugnant. They bank on the fact you don't have the strength to challange them. Utterly cynical.

Really low now.

Just looking for some general content advice for the MR if anyone can assist.

Thank you.

Spoonie_Turtle

My head is so fuzzy I can't give any comprehensive advice, but focus on the descriptors where you should have scored points and explain why they apply to you.  Don't get sidetracked by lies in the report (or 'inaccuracies' if it turns out to be pertinent to refer to anything specifically for the MR). 

You know what you should be entitled to, and although I do hope you don't have to go through the whole fight again, you know you can do it if you need to because you've done it before.  You can even echo reasoning used in your previous appeal if it's still relevant.

I wish you the best, and yeah, that's the main advice - focus on the relevant descriptors and why they apply to you.

poppy12345

Spoonie_Turtle said:

focus on the descriptors where you should have scored points and explain why they apply to you.  Don't get sidetracked by lies in the report (or 'inaccuracies' if it turns out to be pertinent to refer to anything specifically for the MR). 

I would agree with this. They are not lies, they are the HCPs view on everything that you sent, which is the form you filled in, the evidence and what you said during the assessment.

When writing the MR you should give a few recent real world examples of what happened the last time you attempted that activity for each descriptor that applies to you, without writing an essay. Keep it straight to the point.

calcotti

Guidance here Challenging a DWP benefit decision - Citizens Advice
Make sure you understand the scoring system PIP points system (benefitsandwork.co.uk)
There isn't any general content advice because your case for why you should be awarded PIP will depend on your difficulties.

Alice_Holt

My top tip would be to preserver through the MR / appeal process and get your case heard in front of an Independent tribunal. About 75% of PIP appeal cases succeed. 
If your health conditions and abilities haven't improved since your last award, then 0 points at a disputed assessment will be very, very difficult for the DWP to justify at tribunal.

This is a useful guide to the process:
https://www.advicenow.org.uk/guides/how-win-pip-appeal

Here is some info on MR's:
https://www.advicenow.org.uk/pip-tool
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/
https://www.gov.uk/government/publications/challenge-a-decision-made-by-the-department-for-work-and-pensions-dwp

On the PIP points system:
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

Reliability is very important in PIP appeals.
This is from the PIP assessment guide:
"Reliability
2.2.1 Central to the application of all the activities within the PIP assessment is a consideration of the manner in which they are undertaken. For a descriptor to be able to apply to a claimant, the claimant must be able to reliably complete the descriptor.
2.2.2 Considering reliability involves looking at whether the claimant can complete the descriptor as described:
• Safely – in a manner unlikely to cause harm to themselves or to another person, either during or after completion of the activity
• To an acceptable standard
• Repeatedly – able to repeat the descriptor as often as is reasonably required
• In a reasonable time period – no more than twice as long as the maximum period that a non-disabled person would normally take to complete that activity.

2.2.3 This applies to every activity within the assessment. If an individual cannot reliably complete a descriptor then they should be considered unable to complete it at that level and a different descriptor selected. For example when a claimant is only able to complete an activity safely when supervised, the appropriate descriptor which refers to supervision should be awarded."
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/918329/pip-assessment-guide-part-2-assessment-criteria.pdf

See if your local advice charity can help you:
https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/#h-find-your-nearest-citizens-advice

But whatever you do, take it to tribunal.
My local Citizens Advice often get enhanced awards from a 0 point assessment for mental health conditions.
Zero points too often indicates a badly flawed assessment

Bluenunn_in_the_north

Thanks guys for all the kind contributions.

I'm  very grateful and will digest it all now.

I think one of the key things is to not take it personally, let it get you down, and try and be dispassionate and objective dealing with it, even though we are human.

Thanks.👍

Spoonie_Turtle

poppy12345 said:

Spoonie_Turtle said:

focus on the descriptors where you should have scored points and explain why they apply to you.  Don't get sidetracked by lies in the report (or 'inaccuracies' if it turns out to be pertinent to refer to anything specifically for the MR). 

I would agree with this. They are not lies, they are the HCPs view on everything that you sent, which is the form you filled in, the evidence and what you said during the assessment.

When writing the MR you should give a few recent real world examples of what happened the last time you attempted that activity for each descriptor that applies to you, without writing an essay. Keep it straight to the point.

Oh no, that's not quite what I meant - I'm quite happy to call them lies   Just for the purposes of dealing with DWP, I've learned from you and the others in my time here that they're looking at the facts of the case rather than the events and human elements of the assessment

All the best with it OP, and yes it's very important you understand how it's scored so you give yourself the best chance of success - some decisions are overturned at MR, but even if yours isn't, if you've written a good, detailed MR request you'll have done much of the groundwork for an appeal already.

poppy12345

Spoonie_Turtle said:

poppy12345 said:

Spoonie_Turtle said:

focus on the descriptors where you should have scored points and explain why they apply to you.  Don't get sidetracked by lies in the report (or 'inaccuracies' if it turns out to be pertinent to refer to anything specifically for the MR). 

I would agree with this. They are not lies, they are the HCPs view on everything that you sent, which is the form you filled in, the evidence and what you said during the assessment.

When writing the MR you should give a few recent real world examples of what happened the last time you attempted that activity for each descriptor that applies to you, without writing an essay. Keep it straight to the point.

Oh no, that's not quite what I meant - I'm quite happy to call them lies   Just for the purposes of dealing with DWP, I've learned from you and the others in my time here that they're looking at the facts of the case rather than the events and human elements of the assessment

All the best with it OP, and yes it's very important you understand how it's scored so you give yourself the best chance of success - some decisions are overturned at MR, but even if yours isn't, if you've written a good, detailed MR request you'll have done much of the groundwork for an appeal already.

I didn't mean you didn't think they were lies lol, my fault for wording it so badly. I meant i agreed with you to focus on the descriptors rather than the report itself.

Spoonie_Turtle

poppy12345 said:

Spoonie_Turtle said:

poppy12345 said:

Spoonie_Turtle said:

focus on the descriptors where you should have scored points and explain why they apply to you.  Don't get sidetracked by lies in the report (or 'inaccuracies' if it turns out to be pertinent to refer to anything specifically for the MR). 

I would agree with this. They are not lies, they are the HCPs view on everything that you sent, which is the form you filled in, the evidence and what you said during the assessment.

When writing the MR you should give a few recent real world examples of what happened the last time you attempted that activity for each descriptor that applies to you, without writing an essay. Keep it straight to the point.

Oh no, that's not quite what I meant - I'm quite happy to call them lies   Just for the purposes of dealing with DWP, I've learned from you and the others in my time here that they're looking at the facts of the case rather than the events and human elements of the assessment

All the best with it OP, and yes it's very important you understand how it's scored so you give yourself the best chance of success - some decisions are overturned at MR, but even if yours isn't, if you've written a good, detailed MR request you'll have done much of the groundwork for an appeal already.

I didn't mean you didn't think they were lies lol, my fault for wording it so badly. I meant i agreed with you to focus on the descriptors rather than the report itself.

Ah, gotcha!  (and welcome back )

Alice_Holt

Bluenunn_in_the_north said:

I think one of the key things is to not take it personally, let it get you down, and try and be dispassionate and objective dealing with it, even though we are human.

   Absolutely.

      The assessment reports are full of cut and paste comments, the same phrases crop up again and again. The same dubious rationales are used regardless of the individuals circumstances.

     A tribunal panel will want to hear the difficulties you experience, and your verbal evidence is often crucial to their decision to make an award.

Bluenunn_in_the_north

Thanks everyone.

When I said lies, it was just that on a specific issue DWP said the binary opposite, which bolstered their decision process outcome, than I said in the form and with the phone assessment.

I've been here before, and they do actually lie, strong word but accurate!


Alice you're a star for your efforts.😁👍