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PIP assessment today, Need info please.

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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8 years 9 months ago #138138 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic PIP assessment today, Need info please.
Sorry Dun, but I wrote my post before you posted about your failed claim. Follow Bro's advice and any other moderators comments and you should get a different outcome.

Good luck

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 9 months ago #138145 by Dun
Replied by Dun on topic PIP assessment today, Need info please.
Thanks Gordon and Jim!

The main thing I have is that a lot of stuff I said at consultation isn't in the report, it is very relevant to how my condition affects me and if it isn't in it, then I can't understand how a correct decision could be reached.
I wasn't asked about a typical day but I did explain I had "Good" and "bad" days with bad being 70-75% of the time. The report seems to be about my good days.

Cheers
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8 years 9 months ago #138238 by Dun
Replied by Dun on topic PIP assessment today, Need info please.
Ok got the MR letter, still no joy.
It says the HCP was qualified to assess me and the dm is happy with the report. No appeal form in it but I have followed the link on here so will get to that.

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8 years 9 months ago #138245 by Gordon
Replied by Gordon on topic PIP assessment today, Need info please.

Dun wrote: Ok got the MR letter, still no joy.
It says the HCP was qualified to assess me and the dm is happy with the report. No appeal form in it but I have followed the link on here so will get to that.


All PIP assessors are trained in the assessment of PIP claims and need to meet a specific standard set by the DWP in order to carry out assessments, so there is little point directly attacking the capabilities of the HCP.

That doesn't mean that you cannot raise concerns over the report and their capability to assess you, for example; if your condition has specific symptoms that would be relevant to your meeting the Descriptors and the HCP has repeatedly not taken these into account in the report then you may be able to show that they were not qualified to assess you because of these. An obvious example is a physiotherapist assessing a claimant with primarily mental health issues, but even then you must show the discrepancies in the report, you can make assumptions about their capabilities and expect a Tribunal panel to come to the same conclusions.

Wherever you should raise concerns about the facts of the assessment rather then the assessors opinions, for example you are for more likely to be successful with

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

Than trying to argue that the following in not the case

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 9 months ago #138356 by Dun
Replied by Dun on topic PIP assessment today, Need info please.
Thanks again, using your tips I have now sent my appeal form. Have any of you guys got an idea how long till a tribunal?

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8 years 9 months ago #138361 by Gordon
Replied by Gordon on topic PIP assessment today, Need info please.

Dun wrote: Thanks again, using your tips I have now sent my appeal form. Have any of you guys got an idea how long till a tribunal?


Best guess would be 3 moths, but it is very dependant as to where you are in the country, maybe 6 months on the outside.

Gordon

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