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5 years 1 week ago #229556 by lesmac
PIP assessment was created by lesmac
I had face to face assessment for a PIP review a few weeks ago. The outcome was that I was reduced from 19 points down to 2 (the 2 points for something I never really thought of claiming for, relating to physical, not mental health). Anyway, I'm going back down the mandatory reconsideration and, most likely, the tribunal route so asked for a copy of the health professional's report which arrived today. It would make rather amusing reading if the consequences of it were not so serious.

Is it acceptable that this health professional has relied heavily on the health professional's report from 2016 where I got 0 points? In 2016 I then went to appeal and this decision was overturned and I got 9 points in daily living and 10 in mobility. Can this health professional be allowed to refer to a previous report where (a) an important document went missing so they didn't have all the information and more importantly, (b) it was overturned at appeal?

I feel as if I am tearing my hair out with it all. In one paragraph the HP states that I was hostile, in the next it states that I was not hostile etc, etc, etc. My favourite is that she states that even though letters from my GP and private psychotherapist (only used because nothing else available, although according to them it is my choice) state that I have significant mental health problems, the MSE showed I did not. I'm yet to meet a psychiatrist who can diagnose a person just by looking at them. Under my MSE I was noted to have clean hands and fingernail, does that mean that all people with a mental health problem should be expected to have dorty hands and fingernails?? They wrote that I was wearing clean clothing when I was wearing an old, stained jumper that I wear most of the time and felt ashamed when I couldn't tell her when I had last washed it. The HP states I coped well at the assessment wit no psychological distress when in fact she threatened to stop the medical and rearrange it due to me getting very psychologically distressed. Basically because I have no current secondary mental health care, haven't they heard of the massive cuts there have been to it, then I can do everything. Primary care won't take me as having seen secondary care in the past you are seen as too complicated, hence the private psychotherapist currently paid for with my PIP. It just makes me so frustrated. Rant over for today!

The assessment report was so bad that I am now angry and ready for a fight, to persue MR and most likely another tribunal. Just interested in asking the above question on this HP using the previous HP's overturned medical assessment, 0 to 19 points is a big difference (it must have been bad as it actually went from 0 to 5 points at MR and that was still without a lost documemt).

Thank you for all your guides, I couldn't have got this far without them.

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5 years 1 week ago #229583 by Gordon
Replied by Gordon on topic PIP assessment
lesmac

It's perfectly possible that the assessor was unaware of the Tribunal Decision, even if they were they would have had no visibility of how the Decision was made unless you supplied the information as part of your evidence.

So one of the arguments you might make in your MR is that the recommendations from the 2016 report were superseded by the Tribunal Decision and any report based on the 2016 one is therefore unsafe.

Feel free to raise other issues from the report but try and stick to ones that lead to your scoring points and if you decide to tackle the assessor's opinions then it is best to do so by reference to your testimony and evidence rather than doing so head on.

You should also consider making a complaint about the report to the Assessment Provider.

Complaining to the PIP Assessment Providers

Gordon

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

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5 years 1 week ago #229618 by lesmac
Replied by lesmac on topic PIP assessment
Thank you for your advice Gordon. The HP was very aware of the Tribunal Decision as I mentioned it many times and is in her report.

I never thought to ask for a Statement of Reasons from the tribunal as I was just so relieved to have won. I did send ithe Tribunal Decision notice as part of my evidence. I like your argument of the recommendations from the 2016 report being superceded by the tribunal decision, I will certainly use that in the MR.

I will follow your advice and concentrate on the what should lead to scoring points and why.

Two quick questions. If I do complain to the Assessment Provider will that have any negative bearing on future assessments? Is there a timescale to complain, I don't think I could face to do it before all this mess with losing PIP (again) is sorted out?

Thanks again!

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5 years 1 week ago #229639 by Gordon
Replied by Gordon on topic PIP assessment

lesmac wrote: Two quick questions. If I do complain to the Assessment Provider will that have any negative bearing on future assessments? Is there a timescale to complain, I don't think I could face to do it before all this mess with losing PIP (again) is sorted out?

Thanks again!


No, a complaint should have no impact on any future assessment and would be Good Cause to request another assessor should there be a need.

You can make a complaint at any time but sooner is usually better and it is something that you can include in an MR and/or appeal even though the complaint process is totally separate.

Gordon

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

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4 years 10 months ago #232728 by lesmac
Replied by lesmac on topic PIP assessment
I am rather stunned to report that I have won at mandatory reconsideration, going from 2 points to 27. This means I have enhanced on both care and mobility, something I've never had before, even the equivalents of DLA.

I still can't believe it! Thank you so much for your help and for all the guides on this website. I couldn't have done it without them.

Please can I encourage everyone in that you can win at mandatory consideration as well as at appeal. Don't let the DWP win!
The following user(s) said Thank You: unBat412Fd, ivyfox, Kab

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4 years 10 months ago #232738 by Gordon
Replied by Gordon on topic PIP assessment
lesmac

That's terrific news a very well done and congratulations.

Gordon

Tags: @RESULT @PIP @MR

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