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PIP Result: Shattered

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4 years 10 months ago #233418 by Rabbit65
Replied by Rabbit65 on topic PIP Result: Shattered
Thanks Wooly,
I'm starting to see where I went wrong.

I'm going to stick point by point to refuting the Assessors report. Like my
Dear Mother would say "like s**t to a blanket".

I would like to at least gain some ground, standard care would be good, as I not only lost PIP but the Severe Disablement Premium element of ESA as well- its quite a kicker.

Messages like yours give me hope, something the DWP cannot take away, so thank you once again.
The following user(s) said Thank You: AlexBloomsbury, Woolybrained

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4 years 10 months ago #233421 by Gary
Replied by Gary on topic PIP Result: Shattered
Hi DavidPIP

Use the members only guides ~ Personal Independence Payment appeals.
When going for a MR or Appeal I always go through each section carefully and outline why we disagree with the decision maker, especially when they state 'in my opinion' and the decision maker has never met the claimant, what have they based their opinion on? If you have addition medical evidence then send that in and keep a day diary of how you feel each day as many conditions vary each day/hour.

Let us know how you get on.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: AlexBloomsbury

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4 years 10 months ago #233575 by Rabbit65
Replied by Rabbit65 on topic PIP Result: Shattered
Thanks Gary.
It's hard to know where to start, and I feel pretty overwhelmed if I'm honest.

Should I concentrate on those descriptors that I gained at tribunal and try and build on them? In some ways that feels a bit rhetorical, as the Assessor and Decision Maker managed to ride rough-shod all over them.

Having scored zero points for everything there doesnt seem to be a beginning point of reference.
Sighs

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4 years 10 months ago - 4 years 10 months ago #233580 by BIS
Replied by BIS on topic PIP Result: Shattered
Hi DavidPIP

Go through the PIP2, the assessment report and the PIP claim guide to work out why you failed to score points.

This could be because

- You have not shown that you met the criteria, the Descriptors can be very specific and even using the wrong language could mean you are treated as not meeting it.

- You have misinterpreted the criteria, it is easy to try and make the Descriptors fit a condition but this will never work, you have to make the conditions fit the Descriptors if you reasonably can.

- The assessor has misinterpreted your problems, this may be due to a lack of knowledge so perhaps a mental health nurse will be less understanding of physical issues and a physiotherapist may not understand mental health problems despite their additional training.

You can't assume this but if you can show from the report that this is likely then it may be possible to override the report. Do this by using reference material, usually common symptoms.

- Lastly, the assessor has misrepresented the assessment, all you can do is correct the errors, but stick to issues that lead to points.

Start with one of the activities that you expect to score points for an write down some bullet points as to why you meet the criteria. Then do another activity, if you need to take a break of several hours or even a day between each activity then do so.

Once you have gone through all of the activities go back to the first one and compare the bullet points to what you wrote on your original claim form and the comments from the assessor/DM. If you think that your original statements cover everything then you don't need to say any more. If they don't then expand your bullet points into a sentence or two. Do this for each activity taking breaks as you need.

Then go back through what you have written for a third and last time. This time try and expand your sentences into paragraphs and try an link what you are saying back to the evidence that you have already provided (or any new evidence). Eg I am unable to use even adapted kitchen aids because of the lack of manual dexterity because of my severe arthritis, as noted by Dr. X (letter dated 3 Jan 2019 - Appendix A)


BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 10 months ago by BIS.
The following user(s) said Thank You: an ex nurse, Rabbit65

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4 years 10 months ago #233595 by annieshake
Replied by annieshake on topic PIP Result: Shattered
Hi DavidPIP
That's an awful thing to happen. It's a good job you're a fighter. Fight the dirty rotten scoundrels. What do they get out of making so many people desperate? Good luck!
The following user(s) said Thank You: Rabbit65

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