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PIP claim rejected

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6 years 1 month ago #228847 by huth39
PIP claim rejected was created by huth39
I’ve just received letter informing me that my PIP renewal claim has been rejected in its entirety and I’ve gone from highest rate to nothing. I’ve already called them today to say that I wanted a copy of the assessor’s report and that I will be asking for a Mandatory Reconsideration once I have read the report. Based on the reasons provided in the decision letter, it is blatantly wrong and I need to challenge every part. I should have been concerned when, at the F2F assessment, the lady told me that we needed to go through the questions as quickly as possible as there was limited time. This inevitably made me feel under pressure and each time I tried to expand on the questions she was asking, I was stopped so that she could proceed to the next one. Apparently, I was able to grip and move a chair = untrue, it never happened, I apparently showed no sign of being in pain = untrue, I told her that I was (as always) in severe pain. The assessor also claimed that I showed no sign of anxiety, distress or agitation = untrue, I was crying in the assessment when describing how my poor health affects me every single day. I’m due to have spinal surgery next week, have been on antidepressants for 13 years, have 3 disabled children, severe and complex pain syndrome, Trigeminal Neuralgia, stress incontinence, suffer anxiety and panic attacks......the list goes on! I asked the assessor at the F2F if I could hand in some further medical letters as well as a personal statement from me in which I gave her and DWP an update on my health problems and recent diagnoses. The lady refused to accept it. How on earth does anyone stand a chance when the benefits system is so flawed? Now my benefits have stopped and I have 3 disabled DCs who I am responsible for. My husband and I are funding private treatment for one of my children as the therapy isn’t provided for children by the nhs in my area. This costs £400 per month, my PIP has stopped from end of March and yet I’ve only received the letter informing me of this today. How are disabled people and their families meant to live? I explained to a lady at DWP today that my spinal surgery next week will inevitably affect my ability to effectively prepare my Man Recon request as I will be on opioid pain relief for a number of weeks. It was like speaking to a robot, no empathy, no flexibility, just the computer says I need to submit my request by start of May. I’m at my wit’s end with it all.

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6 years 1 month ago #228853 by Gordon
Replied by Gordon on topic PIP claim rejected
huth

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

Welcome to Benefits and Work

You seem to have a good grip of the MR process, our MR & Appeal documents are on the following link

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

If you have any specific questions then please reply to this post and I will do my best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 1 month ago #228907 by huth39
Replied by huth39 on topic PIP claim rejected
Hi Gordon, Thank you so much for taking the time to reply. Today I’ve received the copy of my assessor’s report/notes. It is totally untrue what has been written and I’m not sure what chance I have of succeeding with an MR or an eventual appeal when such false information has been recorded. I’m having spinal surgery on Wednesday which will mean that I will be very much limited physically on what I can do afterwards in terms of the time limit for challenging the decision. I’ve explained to the DWP that I will be restricted for 6 weeks (end May) minimum and yet they can only accept any further submissions from me up until 5/5/19 so I am feeling quite hopeless about it all. The assessor has blatantly lied about me; stating that I had no appearance of being in pain = untrue as I was in pain throughout and I told her so, apparently I had full movement of every limb = untrue, I am actually having spinal surgery in an attempt to slightly lessen the chronic/severe pain I have in my right arm/hand/shoulder plus the assessor never saw me demonstrate “full movement” as I cannot physically do this! She claimed there was no sign of “muscle wastage in my limbs” = untrue, how could she deduce this without any physical examination? The assessor claimed that I presented my ID documents on arrival which is completely false, my mother actually handed over the documentation to the receptionist and again to the assessor in the consultation room. I did not hold any paperwork at any time whatsoever. She also claimed that I could “grip and move the chair to sit” = untrue, my mother moved the chair for me to sit down. I didn’t touch the chair in any way other than when I was sitting. She also claimed that I showed no breathlessness or discomfort walking from the car park to the centre which is untrue as she didn’t see me on my arrival to assess this. She claims I can make food for myself, wash, get dressed, medicate etc, etc and so has completely disregarded the chronic pain syndrome I endure every single day which restricts my movement in my right arm to an extent where I cannot hold items, straighten arm, twist arm round to my back to wash and dress, She has completely ignored my depression and how that affects me daily and has done since 2005. And it appears that claimants are effectively marked down for the fact that the nhs does not provide them with adequate mental health support (counselling unavailable in my area) so because i am not receiving any MH support then the assumption is that I cannot be too badly affected. It is an utter disgrace, similarly because my pain medication has remained unchanged since 2015 when I was successfully awarded PIP then the inference again in her report is that my situation cannot be too bad. When in fact the nhs are spending £25000 on Wednesday to help me achieve perhaps a 30 - 50% improvement in my chronic pain as medications are ineffective! Although the nerve pain may be helped slightly, I may be left with a weakened arm and muscle pain as a result and that’s if the op is a success! I have 3 disabled children who my husband and I care for but their lifelong health problems exacerbate my depression as the reality is that our family will have these difficulties for life. But again the assessor’s view that as I “was clean and not unkempt” somehow equates to not being depressed. I’m sorry for the long reply but I really would appreciate your thoughts please. I’ve gone from receiving PIP/DLA for many years to nothing being awarded at all now. And yet my health has worsened in that time. But how can I stand any chance of a successful MR or appeal when the assesor’s report is so blatantly untrue?
Many thanks.

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6 years 1 month ago #228936 by Gordon
Replied by Gordon on topic PIP claim rejected
Huth

My best advice is not to tackle the assessor's comments head-on, calling them a liar is not going to help your cause, rather try and undermine their statements by reference back into your own testimony and evidence.

Using your up-coming operation will help with this, as you say, the NHS does not do surgery just for the hell of it, so use it to support your statements about the level of pain you are in and how that restricts your abilities to complete the PIP activities.

However, make sure that you understand the criteria that you are being assessed against, there is no value in your arguing "abc" when the criteria is "xyz".

It is probably of little comfort for your MR but have a look at the following.

www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: TheMerlin486, Cat in a hat

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