PIP telephone assessment failed

Dion91

So I’ve just had a look at my letter as I was with my dad when it came, they say I’m not on specific medication for anxiety when I am I get fluoxetine for it? They said I said I can’t follow a plan they said they decided I can, they said I said I can’t cook they said they decided I can!? They also mentioned my ESA report? Can they do that? 

Alice_Holt

When you write the MR, try not to focus too much on just the report / letter.

While factual errors, such as your medication, are worth pointing out especially if these errors are used as justification for removing previously awarded points; you want (IMO) the tone of the MR to be calm, convincing, and focused on the PIP activities / descriptors explaining why points should have been awarded. 
Think about how it will be read by the second DWP Decision Maker (who may be looking at many MR's during their working day); the task of the MR is not to vent your (justifiable) anger but to clearly communicate to the DM why your PIP award should be restated.  A few well-chosen examples can make it more vivid for the DM. 

Remember (from the Benefits & Work site) that:
"Many people miss out on getting PIP because they don’t fully explain the difficulties they have with activities.

They think that just because they manage somehow, that means that they can’t claim.

Nothing could be further from the truth.

Because the law says that you should score points if you can’t do things:

• Safely
• In a reasonable time
• To a reasonable standard
• As often as is needed

So, if you can show that you can cook but it isn’t safe for you to do so because your concentration is so poor that you forget what you are doing, then you may score points.

Or if you can show that you can cook a meal, but it would take you twice as long as someone without an impairment because of pain, OCD, or fatigue then you will score points."

The assessor should have considered if you can do the PIP activities reliably, on the majority of days.

The downloadable How to win a PIP appeal I linked to earlier has a good section (35) on writing a statement - I suggest you look carefully at that and use that template to inform your MR. 
Get a few people to review the MR before you send it.
And include a confirming letter from family members / confirming medical evidence that your condition has not improved.

Dion91

Alice_Holt said:

When you write the MR, try not to focus too much on just the report / letter.

While factual errors, such as your medication, are worth pointing out especially if these errors are used as justification for removing previously awarded points; you want (IMO) the tone of the MR to be calm, convincing, and focused on the PIP activities / descriptors explaining why points should have been awarded. 
Think about how it will be read by the second DWP Decision Maker (who may be looking at many MR's during their working day); the task of the MR is not to vent your (justifiable) anger but to clearly communicate to the DM why your PIP award should be restated.  A few well-chosen examples can make it more vivid for the DM. 

Remember (from the Benefits & Work site) that:
"Many people miss out on getting PIP because they don’t fully explain the difficulties they have with activities.

They think that just because they manage somehow, that means that they can’t claim.

Nothing could be further from the truth.

Because the law says that you should score points if you can’t do things:

• Safely
• In a reasonable time
• To a reasonable standard
• As often as is needed

So, if you can show that you can cook but it isn’t safe for you to do so because your concentration is so poor that you forget what you are doing, then you may score points.

Or if you can show that you can cook a meal, but it would take you twice as long as someone without an impairment because of pain, OCD, or fatigue then you will score points."

The assessor should have considered if you can do the PIP activities reliably, on the majority of days.

The downloadable How to win a PIP appeal I linked to earlier has a good section (35) on writing a statement - I suggest you look carefully at that and use that template to inform your MR. 
Get a few people to review the MR before you send it.
And include a confirming letter from family members / confirming medical evidence that your condition has not improved.

Thank you I have just had a good look and the template is really good, I’m definitely going to use that. I’m also going to get my mum to write a letter as I don’t leave the house without her or attend appointments without her, she even phones for me 

Bigwheels1111

Alice_Holt said:

Bigwheels1111 said:

Then the doctor started asking questions, the good thing was he had medical records in front of him.
Looking at X-rays and MRI scan etc.
Asked a few more things like how does it effect your day to day life.

      It is important that supporting medical records are supplied as evidence to the tribunal by the claimant.

      The tribunal will not obtain these directly. 

      They may however ask the claimant to get their medical records from their surgery, and forward them to the tribunal. 
      Often this may be done when the tribunal panel feel they need further evidence to reach a decision, and sometimes they will adjourn the hearing to a later date to have this evidence.      

Maybe it’s changed in the last few years, but when I went they had all the records.
We did not provide anything.

calcotti

Bigwheels1111 said:

Alice_Holt said:

Bigwheels1111 said:

Then the doctor started asking questions, the good thing was he had medical records in front of him.
Looking at X-rays and MRI scan etc.
Asked a few more things like how does it effect your day to day life.

      It is important that supporting medical records are supplied as evidence to the tribunal by the claimant.

      The tribunal will not obtain these directly. 

      They may however ask the claimant to get their medical records from their surgery, and forward them to the tribunal. 
      Often this may be done when the tribunal panel feel they need further evidence to reach a decision, and sometimes they will adjourn the hearing to a later date to have this evidence.      

Maybe it’s changed in the last few years, but when I went they had all the records.
We did not provide anything.

A tribunal has no power to obtain information itself,

Dion91

I finally got my ESA money today I also got a text thanking me for my enquiry but I hadn’t enquired yet so they must have realised their mistake