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  • K8
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9 years 4 months ago #126098 by K8
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So, I'm swinging between resigned and furious.....
Had my Atos medical last week. The assessment lasted less than 30 minutes, mostly because the woman wouldn't listen to a word. She asked me questions, which I tried to answer. However, after the first sentence (sometimes even first word) she moved on to the next question without letting me answer fully.
For example, she asked about my medications. I told her that I take tramadol, amitriptyline and paracetamol on prescription. I started to say that I used to take co-codamol and I also take ibuprofen but she cut me off, saying she can only take into account prescription meds I'm on now. She actually interrupted me and moved onto the next question.
This happened with every single question I was asked.....except for cooking and shopping. She asked if I can cook a simple meal. I said that because of pain and shaking and my hands seizing up I drop things a lot and so I can't. She asked if I could make a sandwich and I answered that I could if I had over half an hour to do so for the same reason, and this came out as 'I can make myself a meal without help'.
She asked about walking. I said first thing in the day I can't walk more than about 10m, towards midday (after two lots of pills) I could walk maybe 20m or so and then when exhaustion and pain get worse in the afternoon/evening it would be less than 10m again. This was reported as I can walk over 200m.
Apparently there is no evidence that I struggle doing the things I wrote on my form.
Oh, and I said I often miss pills if I'm alone as I forget them of if they are not next to me I'm often in too much pain to get them. She asked if I can get them out of the packet. Because I said yes I can it means I have no trouble managing medication.
I'm between furious and resigned as I expected it but it is so inaccurate, and opposite to what I actually managed to say to the woman when she let me speak at all.
What now?

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9 years 4 months ago #126102 by Gordon
Replied by Gordon on topic 0 points awarded
K8

I am sorry to hear that your PIP claim has been unsuccessful.

You have two choices going forward, you can follow either or both as you feel appropriate.

The simplest option is for you to make a new claim for PIP, however, it will be a complete restart of the process so you may not see any result for many months.

Alternatively or in conjunction to a new claim (see below), you can appeal the current Decision, the first stage to this is requesting a Mandatory Reconsideration by the DWP, our PIP MR & Appeal guide explains the process in more detail.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should also request the documentation used in the making of the Decision and in particular the assessment report. Your primary aim is to show that you meet the criteria for PIP so don't get hung up with arguing over what is said in the report, just show from your original form and evidence why the assessors statements are incorrect.

If you do look at both options, then you need to be aware that the result of a new claim will supersede any Decision from your MR or appeal, so if the current Decision is overturned and a new claim results in no award again, then it will be this Decision that is carried forward in the long term.

If you have any specific questions on the above or how to proceed, then please reply to this post and we will do our best to help.

Gordon

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

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  • K8
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9 years 4 months ago #126105 by K8
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Forgive me, I'm confused now.....

I can completely restart the claim process again, or I can request a mandatory reconsideration, or I can do both together??

I planned on the mandatory reconsideration but wasn't aware I could also start the process again.


If I do mandatory reconsideration can I then apply again at a later date if this is unsuccessful?

Sorry, just a little confused now.....

I'll read the guide about the reconsideration in the meantime!

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9 years 4 months ago #126107 by Gordon
Replied by Gordon on topic 0 points awarded
K8

There is no waiting time for making a new claim for PIP, so you can start one tomorrow if you want, or you can wait until you have heard the result of an MR or even an appeal, whatever works for you better.

Gordon

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