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Pip refused. Loads of inconsistency

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8 years 10 months ago - 8 years 10 months ago #136937 by gixser
Pip refused. Loads of inconsistency was created by gixser
Hello there! i just joined up tonite and have real dilemma. I have just been refused PIP for my severe ME/CFS along with three other afflictions. There were loads of confusing answers from the HP report, which I requested was sent to me, and the DM letter. I have to file a mandatory reconsideration by July 15 and not sure what to write as there is so much wrong with the two reports. I started but now up to like 8 pages and not sure if I am doing it right!
The DM letter with the reason for refusal was simply a cut and paste of certain selected sentences of what the assessor said that could be construed as negative and used to refuse me. However the HP made so many glaring errors/omissions and well...okay i will say it..potential lies it is not funny. The most confusing is that at the end of his report it says my claim should be reviewed every 3 years and that i will only get worse as the years go on It gives a distinct impression he is of the opinion i should get PIP. He also states that i do need aids which I do but do not have. I am confused!
Last edit: 8 years 10 months ago by . Reason: tick.

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8 years 10 months ago - 8 years 10 months ago #136961 by gixser
Replied by gixser on topic Pip refused. Loads of inconsistency
Hello all! I just joined up! I tried to post a topic last night but I don't think it worked but if it does show apologies for double posting and I cannot remember what i wrote. I received my pip refusal for ME/CFS plus a couple other afflictions last week so i asked for a copy of the ATOS assessment which I just received. It was so full of blatant inconsistency and falsehoods I nearly fell off my chair. The decision makers letter was basically a cut and paste of certain sentences that can be construed from the assessment to make it look like I do not need it. Yet the assessor agrees I need aids which i currently do not have, that i will get worse and worse and that the benefit award should be reviewed every three years and the decision maker still refuses me pip and scored me a total of 6 points overall! I am still in the process of writing a mandatory reconsideration ( 8 pages so far) but I am lost and confused as to what and how to say it or if I am doing it right. Btw, my GP went through the roof when he was told they refused me. I already receive esa in support group for the same thing and got that with no trouble whatsoever. It was awarded to me a week and half after assessment with no muss or fuss.
Last edit: 8 years 10 months ago by .

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8 years 10 months ago #136969 by Gordon
Replied by Gordon on topic Pip refused. Loads of inconsistency
gixser

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

Sorry to hear that your claim has been unsuccessful.

With regard to making the request for a Mandatory Reconsideration have a look at our PIP Appeal guide for more details of the process and sample letter that you can use for the actual request. See

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

Whilst I can understand the urge to tackle the comments in the assessment report, this is unlikely to lead to an award in itself. An award can only be made by your showing that you meet the criteria sufficiently to score the points you need, the difference may seem subtle but is none the less important.

You should have a look at our PIP Claim guide (same link), it is easy to fail because you have not properly understood the criteria of you have missed a vital element that means you cannot score points

Finally, returning to the assessment report, it will consist of two types of statement; fact and opinion, you will find it is a lot easier to argue the facts of the situation;

"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 their opinions

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

When you have a better idea of the issues with your claim, come back to the forum 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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8 years 10 months ago #136971 by

gixser wrote: Hello all! I just joined up! I tried to post a topic last night but I don't think it worked but if it does show apologies for double posting and I cannot remember what i wrote. I received my pip refusal for ME/CFS plus a couple other afflictions last week so i asked for a copy of the ATOS assessment which I just received. It was so full of blatant inconsistency and falsehoods I nearly fell off my chair. The decision makers letter was basically a cut and paste of certain sentences that can be construed from the assessment to make it look like I do not need it. Yet the assessor agrees I need aids which i currently do not have, that i will get worse and worse and that the benefit award should be reviewed every three years and the decision maker still refuses me pip and scored me a total of 6 points overall! I am still in the process of writing a mandatory reconsideration ( 8 pages so far) but I am lost and confused as to what and how to say it or if I am doing it right. Btw, my GP went through the roof when he was told they refused me. I already receive esa in support group for the same thing and got that with no trouble whatsoever. It was awarded to me a week and half after assessment with no muss or fuss.


Hi g,

I think that you must have posted after "closing" last night, 9.30PM, see : This Topic for an explanation.

As you can see, Gordon has now responded to your initial query ! :)

bro58

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8 years 10 months ago #136983 by gixser
Replied by gixser on topic Pip refused. Loads of inconsistency
Hi guys and thanks. I am working my way around on here slowly but surely! That's is just the problem with the assessors report i am having Gordon. It is full of mistakes and the comment are misleading enough to skew a positive result. For instance he stated i put my butrans patches on my lower back and have no problem reaching around to do it. The thing is the patches are on my upper chest near my shoulder and I told him and showed him where they are and go. He and the DM state I can walk more than 50m but less than 200 but I never said or even agreed to such a statement. my pip2 form clearly shows I ticked less than 20m. Where he has got the 50 to 200m is beyond me. Thats just two of the things that I have read on the assessment. There are plenty more that are similar.

I have seen a couple examples on the site of how to write an appeal so I am assuming the same kind of info can be used for a reconsideration?

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8 years 10 months ago - 8 years 10 months ago #136984 by Gordon
Replied by Gordon on topic Pip refused. Loads of inconsistency
gixser

There is an Appeal Submission guide in the PIP section and yes you can use this for the MR.

I do understand where you are coming from but a couple of comments;

- PIP does not test your ability to reach, so contesting whether it is your back or your chest is of no value, unless your being unable to reach is relevant to your being able to complete one the areas that PIP does look at, for example your ability to wash or to dress.

- The distance you are considered to be able to walk will be the result of observation of you at the assessment and your journey to and from it, The assessor will know accurately the distance from the waiting room to the room that your assessment was held in, they will know the distance from the nearest bus stop or station, they will have looked at your likely journey to see where you would be required to walk.

There may be special circumstance that allowed you to walk these distances on the day, perhaps you used the maximum medication, may be you did not do anything for several days before, maybe you were severely ill and restricted to bed for the week after.

Have a look at the use of the word "reliably" in the PIP Claim guide.

These are the matter that you need to explain because they will score you points.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 10 months ago by Gordon.

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