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Orangeblossom's PIP Queries Topic !!

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7 years 11 months ago #159222 by Gordon
Replied by Gordon on topic Orangeblossom's PIP Queries Topic !!

Orangeblossom wrote: What do you think I should do about the medical report which I still haven't received? I asked for it nearly a month ago. I mean i do have the statement of reasons in the letter which is a bit vague, so should I just wait and see now that I've done the MR? I mean they will send something out with the MR letter is it fails which will have info on that, too...

I guess maybe wait and see and if I need to appeal ask them for it then?


You should certainly consider chasing it!

You can re-issue the request, this time as a Subject Access Request

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

If you have to go on to appeal, then the report will be in the DWP submission.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 11 months ago #159227 by Orangeblossom
Replied by Orangeblossom on topic Orangeblossom's PIP Queries Topic !!
Thank you.

What do you think about how they have done this assessment? Last time was thorough, this time they have not followed all the things they said in the last report. For example, they said my conditions would still be present, I would require support with the form and assessment, but they have not even done a F2F?

Is this something which would be important in an appeal? Especially as I won't be able to attend, probably due to health reasons

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7 years 11 months ago #159250 by Gordon
Replied by Gordon on topic Orangeblossom's PIP Queries Topic !!

Orangeblossom wrote: Thank you.

What do you think about how they have done this assessment? Last time was thorough, this time they have not followed all the things they said in the last report. For example, they said my conditions would still be present, I would require support with the form and assessment, but they have not even done a F2F?

Is this something which would be important in an appeal? Especially as I won't be able to attend, probably due to health reasons


If you can show contradictions in the assessment report then it's worth pointing these out, but try to stick with those that contribute to your claim, so using the example you mention in your post, your not having an F2F would seem to be consistent with your requiring support, rather than contradictory.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 11 months ago #159294 by Orangeblossom
Replied by Orangeblossom on topic Orangeblossom's PIP Queries Topic !!
Thanks, I'm not sure I understand though...do you mean not having the assessment would be in line with what they are saying about support, so that they didn't do a F2F as it might have been difficult for me? I think that is what you mean...

It seems they are assuming because I've been discharged from MH my MH has improved, however the points they have removed and the once which have been kept don't seem to make much sense now. I suppose I will have to see the medical report to get an idea first. I thought it was clear I have a new care plan with the GP to follow on in terms of support but it seems the support from the MH team was significant.

They seem to know be saying there is not evidence, or the evidence provided, does not support the level of award (enhanced care) given.

Oh well, I have sent off the SAR, and found a letter from my last SAR, which had a ref number and contact name etc so hopefully that might not take too long. I guess there's nothing much I can do until I get the medical report and find out the result of this MR.

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7 years 11 months ago #159302 by Gordon
Replied by Gordon on topic Orangeblossom's PIP Queries Topic !!
OB

In this specific I think not having an assessment would be consistent with them accepting that you have issues that would have made it more difficult for you if you had.

In a more general sense, pick your battles, think of it this way, the DM only has a limited attention span so the things you want them to look at the important things first and the less important last or not at all.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 11 months ago #159453 by Orangeblossom
Replied by Orangeblossom on topic Orangeblossom's PIP Queries Topic !!
I got the MR today- the points are unchanged so I will need to appeal.

It is a vague statement- they have stopped mentioning lack of evidence and now are focussing on my not having a 'cognitive impairment or learning disability'(?)

there are some odd sentences, for example "We have already given you points for managing medication and therapy and feel these are enough' (they have given one point for medication only). I have 'no weight loss' therefore 'for the purposes of PIP' no problems with taking nutrition- however my last report also noted I was of 'normal weight' and I got this one then (?) also they know I am on meds which cause weight gain. Also, with reading it states 'problems with concentration and memory mentioned would not fall under this descriptor' but again, they did last time.

But then, won't all this be clear to the person doing the appeal?

So, I'd like to get the appeal process started as quickly as possible, so do i have to reply to all these vague points or can I just simply send off the appeal form and then have a chance to respond to them later (I read something about a pack coming before the appeal which you reply to?) I just wanted to check this is the case with paper appeals too (my nearest court is quite far and going to do a paper appeal for health reasons)

Any comments on the MR statement welcome too! Many thanks.

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