- Posts: 51092
× Members
Zero points and called a liar
- foss27
8 years 5 months ago #144225 by foss27
Replied by foss27 on topic Zero points and called a liar
An MP can directly challenge the DWP and its minister by writing to them or even asking questions in parliament.
Please Log in or Create an account to join the conversation.
- Lynsey
- Topic Author
8 years 5 months ago #144255 by Lynsey
Replied by Lynsey on topic Zero points and called a liar
that sounds good. I'm just trying to write down notes for my counter argument at the moment and hoping to see someone soon who will be able to put it in a cohesive order.
I will speak to my carer about what is best thing to at the moment and the best order to do it in. But I would certainly like to see questions raised. I know I'm probably sounding a bit vague but I really do believe that the things said in this letter were ableist and offensive and if they are saying this to me they are saying things like this to other people.
I will speak to my carer about what is best thing to at the moment and the best order to do it in. But I would certainly like to see questions raised. I know I'm probably sounding a bit vague but I really do believe that the things said in this letter were ableist and offensive and if they are saying this to me they are saying things like this to other people.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
8 years 5 months ago #144284 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Zero points and called a liar
Lynsey
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, 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
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, 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
Please Log in or Create an account to join the conversation.
- Lynsey
- Topic Author
8 years 5 months ago #144464 by Lynsey
Replied by Lynsey on topic Zero points and called a liar
Thanks Gordon.
Ive been reading and rereading the Decision Makers statement and as usual I understood a lot of what was said. Partly because I couldn't read half of what was written as they bunched all the sentences together and it was just a blur to me.
The page with the 'you have scored 0 points in this that and the other' was fine because it was laid oout clearly in a way that I could understand. But it turns out I didn't understand most of what the decision maker was reasoning.
My carer has phoned twice for the HP report. I can't remember now if we did write a letter as well.
I'm getting a bit worried because it took nearly 100 hours for me to fill in the PIP form because of the way I read things and communicate them. Everything has to be very specific or I get upset. People have helped me with the forms before and paraphrased what I've said and I didn't like it so I didn't go to any organisations this time.
I think you are absolutely right about getting bogged down with wihat the HP said and did. I can't tell whether he's actually said something or whether the decision maker has twisted it.
Thank you for your continued help so far. I really appreciate this.
And even if this does not work out for me I still want to contact my MP and push for change because I feel the law surrounded disability issue s (or what i can understand of it ) is very wrong and it's not just me that's being affected.
Ive been reading and rereading the Decision Makers statement and as usual I understood a lot of what was said. Partly because I couldn't read half of what was written as they bunched all the sentences together and it was just a blur to me.
The page with the 'you have scored 0 points in this that and the other' was fine because it was laid oout clearly in a way that I could understand. But it turns out I didn't understand most of what the decision maker was reasoning.
My carer has phoned twice for the HP report. I can't remember now if we did write a letter as well.
I'm getting a bit worried because it took nearly 100 hours for me to fill in the PIP form because of the way I read things and communicate them. Everything has to be very specific or I get upset. People have helped me with the forms before and paraphrased what I've said and I didn't like it so I didn't go to any organisations this time.
I think you are absolutely right about getting bogged down with wihat the HP said and did. I can't tell whether he's actually said something or whether the decision maker has twisted it.
Thank you for your continued help so far. I really appreciate this.
And even if this does not work out for me I still want to contact my MP and push for change because I feel the law surrounded disability issue s (or what i can understand of it ) is very wrong and it's not just me that's being affected.
Please Log in or Create an account to join the conversation.
- Lynsey
- Topic Author
8 years 5 months ago #144465 by Lynsey
Replied by Lynsey on topic Zero points and called a liar
Perhaps if i am successful, I could become an example for folk with brain injury?
Just a suggestion. I notice you don't have any examples of claimants affected by brain injury in your guides. At least I can't remember reading any.
Just a suggestion. I notice you don't have any examples of claimants affected by brain injury in your guides. At least I can't remember reading any.
Please Log in or Create an account to join the conversation.
- foss27
8 years 5 months ago #144494 by foss27
Replied by foss27 on topic Zero points and called a liar
Hi Lyndsey
You say people paraphrased what you said and you didn't like it. Did you try these
www.headway.org.uk/about-brain-injury/in...es/welfare-benefits/
I think you should make it clear to a helper that you don't want them paraphrasing, you want them to write what you are saying unless it doesn't make sense so they are restructuring it for you.
Did any of them subscribe to B& W? Perhaps you could show them the site and ask them to work with you to fill in the form as we advise?
If you aren't sure about requesting the MR in writing you could write again so long as its still within the deadline, just to be sure.
I hope you can go to your MP without it causing you too much stress or pain. If MPs don't get constituents coming to them they will never know the true extent of the damage the welfare reforms are causing people although I appreciate that its difficult enough for claimants without adding to the burden.
You say people paraphrased what you said and you didn't like it. Did you try these
www.headway.org.uk/about-brain-injury/in...es/welfare-benefits/
I think you should make it clear to a helper that you don't want them paraphrasing, you want them to write what you are saying unless it doesn't make sense so they are restructuring it for you.
Did any of them subscribe to B& W? Perhaps you could show them the site and ask them to work with you to fill in the form as we advise?
If you aren't sure about requesting the MR in writing you could write again so long as its still within the deadline, just to be sure.
I hope you can go to your MP without it causing you too much stress or pain. If MPs don't get constituents coming to them they will never know the true extent of the damage the welfare reforms are causing people although I appreciate that its difficult enough for claimants without adding to the burden.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris