Pip change of circumstances

skipper84

Hi,
I put in a change of circumstances in October last year for pip they kept saying the paperwork is with the healthcare assessor. So after 7 months I put a complaint in and a nurse assessor called me the next day said we have enough information and I had a quick 15 minute call. She was asking me about public transport I said I haven't been on public transport in years she said what happened the last time I did I said I had an altercation with a passenger as I thought he was laughing at me. She also asked me if I can drive ? Why would they ask that ? I said no. Asked how often I leave the house I said around once a month? And asked about work I worked for a few days last year and left due to paranoia. I suffer from complex PTSD and emotional unstable personality disorder and ADHD I'm on antipsychotic medication aswell. Just felt like she's tried to catch me out and am worried that because I tried getting back into work last year it will go against me. 

Spoonie_Turtle

skipper84 said:

Hi,
I put in a change of circumstances in October last year for pip they kept saying the paperwork is with the healthcare assessor. So after 7 months I put a complaint in and a nurse assessor called me the next day said we have enough information and I had a quick 15 minute call. She was asking me about public transport I said I haven't been on public transport in years she said what happened the last time I did I said I had an altercation with a passenger as I thought he was laughing at me. She also asked me if I can drive ? Why would they ask that ? I said no. Asked how often I leave the house I said around once a month? And asked about work I worked for a few days last year and left due to paranoia. I suffer from complex PTSD and emotional unstable personality disorder and ADHD I'm on antipsychotic medication aswell. Just felt like she's tried to catch me out and am worried that because I tried getting back into work last year it will go against me. 

None of us can predict the whims of the assessor and the DWP, so it is possible for them to use anything against you if they so decide.  However really the fact that you had to leave the job after a few days should go in your favour because it is evidence of how your conditions affect you. 

What is important is that you know what you should be entitled to and why, so that you can challenge the decision if necessary.  Do you understand the PIP descriptors and how they are assessed?  If not, these links will be useful
https://www.citizensadvice.org.uk/wales/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/how-decisions-are-made/
https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

Of course you could be fortunate and get an assessor and decision maker doing their job properly to give you the correct award straight away, but if not it is worth challenging until you get the correct decision.

poppy12345

skipper84 said:

. Just felt like she's tried to catch me out

All the questions they ask is to try to get a picture of how your conditions affect you and is all part of the assessment process. Once the report has been returned to DWP you can ring and request a copy. Once you receive it you will be able to add up any points that's recommended. They usally go with the report and it's rare they go against it, although it can happen.

skipper84

Thanks I have asked for a copy of the report hopefully it arrives soon so I can add up the points. Thanks 

skipper84

Hi so they have basically lied on the report and have have me 0 points I worked a few days last year and they said I worked for weeks lies all lies I said my medication doesn't work and my paranoia has come back she used a very old medical report to say Its gone even though o told her it's come back. Then using words like I was unable to advise on my moods what a load of rubbish. Can someone help me please I want to put a complaint in aswell. How do I make a really good letter? Im so stressed 

skipper84

I have a provisional drivers license never used it aswell kept bringing that up load of rubbish unable to Advise on presentation Unable to advise when I couldn't follow directions all lies all fake pathetic people 

ohdrar

skipper84 said:

Hi so they have basically lied on the report and have have me 0 points I worked a few days last year and they said I worked for weeks lies all lies I said my medication doesn't work and my paranoia has come back she used a very old medical report to say Its gone even though o told her it's come back. Then using words like I was unable to advise on my moods what a load of rubbish. Can someone help me please I want to put a complaint in aswell. How do I make a really good letter? Im so stressed 

I think the first thing to do, is to rememberer its not uncommon for this to happen. I've read PA4's where the justification for description choice has relied up on something taken out of context. 
I would do it in this order 
First Mandatory reconsideration 
Second Complain to assessment provider
Third tribunal and if there's a long wait for the hearing, complain to assessors professional body GMC/NMC/HCPC as well - or do this after tribunal
If you're not already now would be good time to get involved with an advice service such as citizens advice or similar.
This link is a good start - doing a line by line breakdown of where the HCP got it wrong isn't enough. Its more important to say what descriptor you think applies and why.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/

poppy12345

You will of course need to wait for the decision to be made before requesting the MR. They rarely go against the report, although it does happen.

You should put your MR in writing stating where and why you think you should have scored those points. Adding a couple of real world examples of what happened the last time you attempted that activity for each descriptor that applies to you will also help.

You can either write a letter or use this form here. https://www.gov.uk/government/publications/challenge-a-decision-made-by-the-department-for-work-and-pensions-dwp

I'd advise you not to mention any lies that may have been told in the report because this isn't going to get you a PIP award.

The majority of MR decision's remain the same but it has been know for people to score zero points at assessment and go on to be award Enhanced for both parts at MR stage.

It will also be helpful to get some further heklp and advice from an agency near you. This will help with that.

https://advicelocal.uk/

I note that this was a change of circumstances, so if the decision is not to award you PIP again then that could affect any other benefits you may already be claiming.

Alice_Holt

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

And one on writing the MR:
https://www.advicenow.org.uk/pip-tool


The important part of any appeal is to explain how (and why) you should score sufficient points from the PIP activities:
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system
Be clear that you understand the importance of "reliabilty", and "majority of the time" in PIP decisions:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/985358/pip-assessment-guide-part-2-assessment-criteria.pdf
Carefully read page 73 on.

When you get the decision letter, here is the form to request an MR:
https://www.gov.uk/government/publications/challenge-a-decision-made-by-the-department-for-work-and-pensions-dwp

What was your previous award?
Can you get medical evidence to show that your conditions / abilities have not improved since the your previous assessment?

As an aside, I would suggest being very careful about informing the DWP about a worsening of your condition. Do get advice first, and be sure that an increased award should result.

calcotti

ohdrar said:..- doing a line by line breakdown of where the HCP got it wrong isn't enough. 

Indeed, it’s a huge distraction and largely irrelevant. In my opinion referring to the report at all is unnecessary. The decision is contained in the decision letter. Any ‘misunderstandings’ in the decision letter can be addressed.

skipper84

Thanks guys very helpful much appreciated. So I phoned the dwp and they have made some notes of what I think is wrong with the report I have also put a complaint into the assessor team independent services I think they are called. 

I will appeal through the mandatory and look at the links provided with the descriptors that I think they got wrong!

Bloody nighmare they done the same 3 years ago on my original claim and I won at mandatory