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DLA to PIP Assmnt for 16 yr old, questions
- Gordon
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8 years 6 months ago #171551 by Gordon
From what I can see a "three stage command" consists of three separate actions, so as an example;
1. Take a piece of paper
2. Fold it in half
3. put the paper on the table
It's a simple test of child development. If you do an internet search for the phrase you should find some other examples.
Gordon
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Replied by Gordon on topic DLA to PIP Assmnt for 16 yr old, questions
funmum wrote: Thank you.
What is a "three stage command - tests memory concentration and thinking" referred to in the mental state tests please?
From what I can see a "three stage command" consists of three separate actions, so as an example;
1. Take a piece of paper
2. Fold it in half
3. put the paper on the table
It's a simple test of child development. If you do an internet search for the phrase you should find some other examples.
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.
- funmum
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8 years 6 months ago #171556 by funmum
Replied by funmum on topic DLA to PIP Assmnt for 16 yr old, questions
ok thank you. Another one the assessor says he did do but he didnt (how bizarre)
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8 years 6 months ago #171774 by funmum
Replied by funmum on topic DLA to PIP Assmnt for 16 yr old, questions
Can you help please as I am a bit confused how to go about our MR.
An adviser earlier on my thread here said once DWP have issued a PIP decision, they will only change it after MR or appeal (as I said I don't want a reassessment.)
I'm sure I read yesterday on someone elses post, that if a claimant successfully criticises the assessment/assessor at MR, then the only thing that this might achieve is for DWP to require another assessment.
My MR relies heavily on recorded evidence from the assessment, which the assessor did not put in the PA4 (or totally misreported), and which supports my application for PIP.
Whether I mention the lying in my MR or not, it will be obvious to the DWP that the assessor was outrageous.
I absolutely do not want DWP to set aside the first assessment and force us to have another one.
I want to go straight to tribunal as I feel we have a good case if its looked at impartially.
Is there any room in the DWPs procedural guides for them to insist on another assessment at this stage?
If there is any chance of them forcing a reassessment I will need to do the MR as a paper exercise only and submit all the extra info at appeal instead.
Thank you
An adviser earlier on my thread here said once DWP have issued a PIP decision, they will only change it after MR or appeal (as I said I don't want a reassessment.)
I'm sure I read yesterday on someone elses post, that if a claimant successfully criticises the assessment/assessor at MR, then the only thing that this might achieve is for DWP to require another assessment.
My MR relies heavily on recorded evidence from the assessment, which the assessor did not put in the PA4 (or totally misreported), and which supports my application for PIP.
Whether I mention the lying in my MR or not, it will be obvious to the DWP that the assessor was outrageous.
I absolutely do not want DWP to set aside the first assessment and force us to have another one.
I want to go straight to tribunal as I feel we have a good case if its looked at impartially.
Is there any room in the DWPs procedural guides for them to insist on another assessment at this stage?
If there is any chance of them forcing a reassessment I will need to do the MR as a paper exercise only and submit all the extra info at appeal instead.
Thank you
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8 years 6 months ago #171788 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP Assmnt for 16 yr old, questions
Funmum
In order to reach the appeal stage you must request and have an MR completed as the Tribunal Service will not accept an appeal request unless it includes an MR Notice which is sent to the claimant when the MR is completed. It is really important that the MR request is received by the DWP within one month of the Decision date, failure to do this allows the DWP to reject the MR request as being late and you would lose all right of appeal.
The point I was trying to make about the assessment report is that an award can only be made if you have shown that he scores the points for one, showing errors in the assessment report is important but won't score points in itself. Showing that the report is not Fit for Purpose is most likely to result in a new assessment being carried out, this may still not recommend an award, but be more difficult to argue against.
If you want to get to appeal quicker then then you should consider providing minimal input to the MR, that should (although I cannot guarantee it), result in it being completed quicker.
Gordon
In order to reach the appeal stage you must request and have an MR completed as the Tribunal Service will not accept an appeal request unless it includes an MR Notice which is sent to the claimant when the MR is completed. It is really important that the MR request is received by the DWP within one month of the Decision date, failure to do this allows the DWP to reject the MR request as being late and you would lose all right of appeal.
The point I was trying to make about the assessment report is that an award can only be made if you have shown that he scores the points for one, showing errors in the assessment report is important but won't score points in itself. Showing that the report is not Fit for Purpose is most likely to result in a new assessment being carried out, this may still not recommend an award, but be more difficult to argue against.
If you want to get to appeal quicker then then you should consider providing minimal input to the MR, that should (although I cannot guarantee it), result in it being completed quicker.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 6 months ago #171840 by funmum
Replied by funmum on topic DLA to PIP Assmnt for 16 yr old, questions
Its not so much that I want to get to appeal quicker.
I would like to supply full evidence for MR (including lots from the assessment), but I dont want to do this if there is a risk of DWP deciding the assessment was so bad that they need more evidence by commissioning a fresh assessment.
After I put in for MR, do the DWP rules allow them to decide that a new assessment has to be conducted?
Thanks again
I would like to supply full evidence for MR (including lots from the assessment), but I dont want to do this if there is a risk of DWP deciding the assessment was so bad that they need more evidence by commissioning a fresh assessment.
After I put in for MR, do the DWP rules allow them to decide that a new assessment has to be conducted?
Thanks again
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8 years 6 months ago #171864 by Gordon
It's unlikely that the DWP will order a reassessment, although there are clearly discrepancies between what actually happened and what has been reported, we seen far worse without the DWP deciding that the report is not Fit for Purpose.
There are far more significant issues to be concerned about if you do not get the request in on time.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP Assmnt for 16 yr old, questions
funmum wrote: Its not so much that I want to get to appeal quicker.
I would like to supply full evidence for MR (including lots from the assessment), but I dont want to do this if there is a risk of DWP deciding the assessment was so bad that they need more evidence by commissioning a fresh assessment.
After I put in for MR, do the DWP rules allow them to decide that a new assessment has to be conducted?
Thanks again
It's unlikely that the DWP will order a reassessment, although there are clearly discrepancies between what actually happened and what has been reported, we seen far worse without the DWP deciding that the report is not Fit for Purpose.
There are far more significant issues to be concerned about if you do not get the request in on time.
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.
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