PIP Assessment Report - Failure to use proper format for each activity

WillPS

I'm assisting my fiancée with her PIP. She's been re-reviewed again (I think this is the third time) and has received 0 points in both Daily Living and Mobility.

It's a farce and we're somewhat used to this now, only once have we not ended up needing to go to Tribunal to get it sorted.

Anyway, in the assessors report they've completely ignored the intended structure for the document, i.e. that you provide a rationale for awarding points against each activity. Instead they've put all of their findings for all activities for Daily Living under the 'Preparing food' activity and all their findings for all activities for Mobility under the 'Planning and following activities' activity.

This makes the entire document very confusing to follow and try to prepare an appeal for. Are the DWP allowed to complete an assessment in this format?

tacpot12

I suspect that while they will be criticised for the format, that it itself will not invalidate their decision. It would be best to try to use the information that is there to preare (yet another appeal). 

WillPS

tacpot12 said:

I suspect that while they will be criticised for the format, that it itself will not invalidate their decision. It would be best to try to use the information that is there to preare (yet another appeal). 

Thanks, suspected similar. Tribunal here we come (eventually!).

Alice_Holt

It certainly won't impress at the tribunal. 

You are probably aware of these resources:
https://www.advicenow.org.uk/guides/how-win-pip-appeal
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration-pip/
https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-appeals
https://www.advicenow.org.uk/pip-tool

I'd suggest copying the previous tribunal decision letters together with a brief chronology of her PIP history / awards etc as a starting point for the MR (or have you done the MR and the decision remains unchanged?).
If you can get evidence that her conditions and abilities (re the PIP activities) have not improved since the last assessment - that would be helpful.
I would tend to go into detail on the MR - fully explaining why and how she should have been awarded the relevant PIP points (as you would with an appeal).

Don't get too exercised by the flawed assessment report. Use the MR / appeal submission to detail why the award should continue. 

In my experience tribunal's don't like having a previous tribunal decision overturned by the DWP when the claimant's situation remains the same.

Can I ask your fiancée's health condition(s) and want points were awarded at tribunal?

WillPS

Thanks that's very helpful. It's mental health related but I won't go in to too much detail as my username is identifiable and I wouldn't want to embarrass.

I can't remember the specific points awarded. I know the first 2 assessments resulted in tribunals which then led to PIP being paid at the lower rate daily living and upper rate mobility [edit - I've just remembered the initial tribunal was for DLA, not PIP]. The third and most recent previous review she actually got enough points at the assessment to get in to upper rate Daily Living but got nothing for mobility - she decided not to appeal that one, at the time she was so exhausted she didn't see it as worth it. 

The assessor's report is bilge, presents all of the things needed in terms of support/assistance as 'preferences' - which obviously are then completely ignored when it comes to all the point scoring. Indeed the assessor was clearly so incentivised to pepper the report with the word 'prefer' that it's used in contexts it makes no sense - like "prefers to be prompted to eat when hungry" (???). On top of all the usual embellishment, going to the pub and all this nonsense which was never said nor implied.

We've taken all this apart piece by piece and put the record straight in the MR (4 sides of A4, set out in numbered bullets, far more than the assessor had written in fact) but I have zero confidence that anything will change before we see a tribunal.

In terms of evidence, we're a bit stuck on that front. My fiancée's long term therapist retired between assessments and other than doctors occasionally reviewing medicine there's not really much happening with regards to treatment currently. We're just hoping that when it comes to the Tribunal they can accept this for what it is. We've invited the DWP in the MR to review the previous documentation provided but I doubt that'll cause much to happen.  Any ideas would be graciously received.