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 		 			 	 						6 years 8 months ago				#226031 		by antmack 	  	 		 			 	    			 			 		 													
 	 				ATOS HP methods was created by antmack			
  			 				Hi
 
After a review I've been declined PIP having gone from 27 points for daily living (enhanced) and 10 points mobility (standard) to zero points. I have a long-term neurological condition that isn't going to improve.
 
I'm wondering if the following has happened to anyone else?:
 
Having read my health assessment report, the HP seems to using casual observations at the assessment i.e. handling a piece of paper containing notes, and facts i.e. driving a manual car, as evidence of motor (hand use) ability being normal and it not impeding my ability to carry out activities of daily living. The HP report also using code names such as "IO" which I believe to stand for 'initial observer' who appears to be a person on reception at the PIP consultation centre.
 
At the centre, you're required to confirm your identity, including showing a form of ID and the person on reception will ask you to confirm your DOB. The HP appears to have used the fact I correctly remembered my DOB as evidence that I don't have memory problems. And that being a driver demonstrates cognition, memory and thinking (of course), but what is falsely implied is that you cannot have cognition, memory or thought impairments if you're able to drive.
 
The HP also uses "MSE" which I believe stands for mental state examination. But I didn't have an examination of my mental state at the assessment, or if I did was not made aware. The HP says "the MSE indicates no evidence of cognitive impairment".
  					After a review I've been declined PIP having gone from 27 points for daily living (enhanced) and 10 points mobility (standard) to zero points. I have a long-term neurological condition that isn't going to improve.
I'm wondering if the following has happened to anyone else?:
Having read my health assessment report, the HP seems to using casual observations at the assessment i.e. handling a piece of paper containing notes, and facts i.e. driving a manual car, as evidence of motor (hand use) ability being normal and it not impeding my ability to carry out activities of daily living. The HP report also using code names such as "IO" which I believe to stand for 'initial observer' who appears to be a person on reception at the PIP consultation centre.
At the centre, you're required to confirm your identity, including showing a form of ID and the person on reception will ask you to confirm your DOB. The HP appears to have used the fact I correctly remembered my DOB as evidence that I don't have memory problems. And that being a driver demonstrates cognition, memory and thinking (of course), but what is falsely implied is that you cannot have cognition, memory or thought impairments if you're able to drive.
The HP also uses "MSE" which I believe stands for mental state examination. But I didn't have an examination of my mental state at the assessment, or if I did was not made aware. The HP says "the MSE indicates no evidence of cognitive impairment".
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 			 	 						6 years 8 months ago		 -  6 years 8 months ago		#226051 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	   	 			 		 													
 	 				Replied by Gordon on topic ATOS HP methods			
  			 				Anthony
 
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, the PIP area also has template letters that you can use to make the request with.
 
www.benefitsandwork.co.uk/help-for-claimants/pip
 
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;
 
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
 
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
 
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
 
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, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
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;
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
 		Last edit: 6 years 8 months ago  by Gordon.			
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- antmack
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 			 	 						6 years 8 months ago				#226055 		by antmack 	  	 		 			 	    			 			 		 													
 	 				Replied by antmack on topic ATOS HP methods			
  			 				Thanks Gordon, I'm following your advice, however do you have any comments about the rest of my post? 
			
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 			 	 						6 years 8 months ago				#226060 		by Gordon 	  	 		 			 				 
To be honest no! If you look through the forum you will see lots of members posting similar problems.
 
IO - Informal observations, things seem before and after the actual interview.
 
Try and look through the comments to understand what they are implying in regard to the PIP Descriptors, so reasonable grip would have implications for Preparing Food, Taking Nutrition, Washing and Bathing and Dressing and Undressing.
 
Gordon  							 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by Gordon on topic ATOS HP methods			
  			Antony wrote: Thanks Gordon, I'm following your advice, however do you have any comments about the rest of my post?
To be honest no! If you look through the forum you will see lots of members posting similar problems.
IO - Informal observations, things seem before and after the actual interview.
Try and look through the comments to understand what they are implying in regard to the PIP Descriptors, so reasonable grip would have implications for Preparing Food, Taking Nutrition, Washing and Bathing and Dressing and Undressing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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 			 	 						6 years 8 months ago				#226072 		by antmack 	  	 		 			 				 
OK Gordon, I only asked because I thought that you'd missed part of my post and didn't want other members to think that I was fully satisfied with the replies so far. I wasn't demanding a response.
 
This forum seems rather too controlled and although you clearly make an immense effort to reply, I wish there was more participation. You don't have to reply to my posts, just post them.  					 	    			 			 		 													
 	 				Replied by antmack on topic ATOS HP methods			
  			Gordon wrote:
Antony wrote: Thanks Gordon, I'm following your advice, however do you have any comments about the rest of my post?
To be honest no! If you look through the forum you will see lots of members posting similar problems.
IO - Informal observations, things seem before and after the actual interview.
Try and look through the comments to understand what they are implying in regard to the PIP Descriptors, so reasonable grip would have implications for Preparing Food, Taking Nutrition, Washing and Bathing and Dressing and Undressing.
Gordon
OK Gordon, I only asked because I thought that you'd missed part of my post and didn't want other members to think that I was fully satisfied with the replies so far. I wasn't demanding a response.
This forum seems rather too controlled and although you clearly make an immense effort to reply, I wish there was more participation. You don't have to reply to my posts, just post them.
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- Gordon
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 			 	 						6 years 8 months ago				#226077 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by Gordon on topic ATOS HP methods			
  			 				Antony
 
This is not a traditional forum where members post and members reply. There's no reason why other members cannot reply to your post but in reality, they probably won't.
 
The intention of the forum is for members to be able to post their question about benefits, problems they are having with a claim and their successful claims and for a Moderator to provide assistance with these.
 
Gordon
  							This is not a traditional forum where members post and members reply. There's no reason why other members cannot reply to your post but in reality, they probably won't.
The intention of the forum is for members to be able to post their question about benefits, problems they are having with a claim and their successful claims and for a Moderator to provide assistance with these.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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