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DLA TO PIP questions

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7 years 9 months ago #164843 by Jianne1274
Replied by Jianne1274 on topic DLA TO PIP questions
Hi
Well got the report back...and I am honestly flabbergasted...it's a work of fiction ...so much so I think they are talking about someone else..So she has not even got my type of cancer right ....the name on the report is not the name she gave on entering my home..my mum wrote down her name ..???For example not only did I mobilise to a consultation room I apparently stood up unaided err no I did not ...There is a huge list of medical things for example I can get my hands behind my back err no I can't ...I can lift my leg from the bed whilst lying down err no I can't ...there is a long list like degrees I can turn my neck rotate my foot ect....but she never asked me to do any of these things ...so please can you tell me why she has wrote this. It's all lies 98 % of the stuff on the list I can't physically do ...so confused as to what to do about these lies...there are other things like saying I use a mobile err no I don't i told her this...things like I was chatty err no I answered the question you asked nothing else...like I was not anxious err yes I was on the verge of tears the entire time...please can you advise me how to proceed :(

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7 years 9 months ago - 7 years 9 months ago #164850 by slugsta
Replied by slugsta on topic DLA TO PIP questions
I suppose the first thing is to be sure that this is actually the report associated with your claim, rather than you having received someone else's?

If you are sure this is yours, please try not to get bogged down with arguing against every word of the assessor's. You must show how and why you score points against the descriptors, the other things are a matter for a separate complaint (if you have the energy).

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 9 months ago by slugsta.

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7 years 9 months ago #164860 by Jianne1274
Replied by Jianne1274 on topic DLA TO PIP questions
Thankyou for the reply....so a separate complaint to both the dwp and atos...what would you advise I do about the lie about me walking and standing do I mention that in a sidenote to the mobility section where I state why I meet the criteria ...because the Dwp have based thier descion on this according to the DM....or should I include a separate letter along with the MR stating that the walking never happened I have 2 witnesses who will testify on paper to back me up ..just so confused ???? Why do these assessor feel the need to lie and fabricate the truth ?

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7 years 9 months ago #164863 by slugsta
Replied by slugsta on topic DLA TO PIP questions
I think you will have to address the issue of the report, you can't simply ignore it. Maybe a few words saying that you dispute many of the assessor's comments. However, don't try to pull apart every sentence. Concentrate on showing how and why you meet the descriptors and pointing to the evidence you have to substantiate your claim.

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

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7 years 9 months ago #164866 by Gordon
Replied by Gordon on topic DLA TO PIP questions

Jianne1274 wrote: Thankyou for the reply....so a separate complaint to both the dwp and atos...what would you advise I do about the lie about me walking and standing do I mention that in a sidenote to the mobility section where I state why I meet the criteria ...because the Dwp have based thier descion on this according to the DM....or should I include a separate letter along with the MR stating that the walking never happened I have 2 witnesses who will testify on paper to back me up ..just so confused ???? Why do these assessor feel the need to lie and fabricate the truth ?


I would make to ATOS, the DM can only make a Decision on the information that they are supplied with.

If you are happy that you have explained your problems with Moving Around in sufficient detail in and with the PIP2, then you don't need to go through it all again, but I would still recommend that you go through your PIP2 and the PIP Claim guide to make sure that this is the case. Have you, where relevant, used "reliably" and "for the majority of days"? Have you used the right terminology, have you echoed what the legislation says?

So I would include in my letter a statement that you believe that you have adequately shown that you can only walk Xm reliably and some bullet points as to why this is the case.

Then for the assessment report, something along the lines, the Decision to refuse points was clearly based on the observations of my walking by the assessor at their offices, however, I had a home assessment and no time did I walk or was I asked to walk, as a result the Decision is not to award points is based in fundamentally incorrect information.

You might also want to tell them that you are making a formal complaint, if you do.

Gordon

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

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7 years 9 months ago #164874 by Jianne1274
Replied by Jianne1274 on topic DLA TO PIP questions
Thankyou Gordon.and Mrs Hurtyback...I Will have a look again at pip2 but I am sure I used the right terminology ect went in to great detail using the correct wording at regular intervals...it was one of my comprehensive answers ....I can't not mention the lies as this will remain on record for my future assessments and quite frankly it's despicable of them to lie..if the descion was based on medical FACT then I would have accepted it...based on lies I can't let it go unchallenged....I will do as you suggest ...and apologize if over the coming days I have more questions...can you tell me where I find the legislation again....I have it somewhere but not die where at the moment .thankyou.

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