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5 years 1 month ago #228431 by Gordon
Replied by Gordon on topic PIP renewal
AC

You should be able to ask for the assessment report, it's official name is a PA4.

Gordon

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5 years 1 month ago #228570 by angelcake
Replied by angelcake on topic PIP renewal
Hi Gordon,

I received a copy of my medical assessment today and it's not good news and I'm shocked and feel distraught, it has gone much worse than I expected. On the basis of the report, I've worked out that I've had my mobility taken off me again and scored 0 points and had my daily reduced to standard again after winning them back after appeal.

As I'm still in shock as only received today, I've been too distressed to fully pull it apart but some discrepancies have jumped out already. My recent medical evidince he did not have on the day so I gave him a copy but on the front of the PA4 it is not mentioned or through the entirerity of the report. Instead has used old evidence from my assessment in 2015.

In my review I said there was no change but I wrote indepth an up to date in detail about the descriptors and how it effects me and gave a copy of tribunal decision that overuled the previous assessment but I'm nit sure by me writing no change if that has been used against me as he has used the previous assessment a lot .

There are problems with my MSE he said that I showed no signs of anxiety at the assessment in the justification box but in the main body has said that I was tearful at assessment and needing prompting and reassurance but then said I recovered well and that there were signs of depression but not anxiety which is an outrage. I have it recorded but mot been able to listen yet but obviously it is only a sound recording. He also said that I was not on medication and said I had no side effects which I did mention on my form I don't remember him asking me that in interview because I would have definitly said he also made the argument that i should be on propaniol I beta blocker if I had anxiety. I was distressed at assessment and he recorded that I had been awake all night and I was distressed when he arrived as I'd asked for a women and he said that he could reschedule the assessment and get a female but I was so distressed in the lead up to the assessment and on the day that I could not cope with having it cancelled and needed to get it over with.
with all the desciptors if I said I could do something then I said 'BUT' and eplianed that could not do repeatly reliabily etc non of this is on the report .

Also the he said I looked tired and 'not fatigued' was used to undermine that I am suffering with CFS in reference to my functionality. He lied about the recording and said that it started the minute he walked through the door, when on the recording it started when he was already in the living room loading up his laptop. He claimed he didn't know about the recording although it was confirmed that the scheduling team had informed the assessor 10 days before the assessment

there is probably a lot more stuff but I've not been able to go through it properly yet as still in shock and distressed. The welfare advisor who has been helping me and attended my assessment that I found out through the CFS group charges, so it would cost me a further £160 to help construct an arguement for mandatory consideration. So I spoke a disabilty rights and they said they would be able to help me with it as I feel that I cannot cope with it on my own and they have suggested that with their help it would be best to register the points of arguement on the phone asap before writing to them to undermine the quality of the assessment before the actual decision is made.

Also just after asking for my length of award to be considered he has given my a year so brutal after previously having two years that ends up being a year anyway.

Please could you help and advise me what you think about the situation and how best to move forward?

Many thanks
AC

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5 years 1 month ago #228580 by Gordon
Replied by Gordon on topic PIP renewal
AC

If you think that important evidence has not been considered as part of the review then you can contact the DWP about this but you will need to move quickly so that they can take account of your comments before a Decision is made.

Stick to issues that will score you points, so problems with the recording are not going to do this but the side effects of your medication may.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: angelcake

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5 years 4 weeks ago #228609 by angelcake
Replied by angelcake on topic PIP renewal
Okay thanks Gordon I will do.

Is it a common procedure and okay thing to do contacting them about the report before a decision has been made?
and how long have I got to do this as thought you said it would be 10wks? before decison is made, although they sent me a text saying 6wks.

I won't be able to do it immediately as I'm waiting to get some help with it but the disability advice suggested a phone call first to register just in case they look at it really quickly and follow up with a letter. Is this an okay way of doing things?

What is the purpose of the recording I have and how is it best to utilise this?

and when I'm challenging the decision I will focus on the things like you say that might get me more points but is it okay to mention other problems with what the assessor has falsely said for example about the recording?

Thanks
AC

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5 years 4 weeks ago #228630 by Gordon
Replied by Gordon on topic PIP renewal
AC

I can't say whether it is common or not but if the report is sent before the Decision is made then it opens the door for comment to be made.

Yes, based on what we are seeing in the forum, a Decision could be ten weeks but this is an average and we have also seen a small number only take a couple of weeks.

The recording details what was said during the assessment but the Decision Maker is not going to review it, a Tribunal panel may although it is not a given. I would use it as an aide-memoire, I could remember virtually nothing that was said during my assessments.

You can mention what you want in your MR but the DM has a limited attention span so do you want to raise an issue like the recording when it won't help you score any points?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: angelcake

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5 years 4 weeks ago #228640 by angelcake
Replied by angelcake on topic PIP renewal
Okay thanks Gordon I know what you mean about the points-related things being most important.

Worst case scenario, how long have I got to challenge the report?

and how does it work if it doesn't make any difference my challenges ,I presume I then put in a MC? But how does it affect the MC that I've already provided evidence in challenging the report or do I just repeat myself on the MC. Or when I challenge the report intially do I ask for a MC then. Please could you clarify the steps I need to take.

Potentially I may be able to get FME off CBT therapist that focuses on my anxiety and treatment CBT to challenge report - as in report says show no signs of anxiety, no side effects, which are both not true and also the fact that it says that I'm not on medication well the counter arguement is yes but they made me more anxious, however, I am receiving treatement for anxiety,
however I did already state in my form that I was getting support for CFS anxiety and depressionf from the CFS team
However is it good idea to try and get another letter spelling it out, I dont know whether it is worth all the hassel getting another letter in before the decision is made? but what if the letter its not done in time, what can I do then?

thanks

AC

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