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ESA & PIP Reviewed and partially successful
- Rossi1999
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6 years 2 days ago #230054 by Rossi1999
ESA & PIP Reviewed and partially successful was created by Rossi1999
Hi. I have gone through both processes and awarded Enhanced Mobility but reduced Care to Standard.
Yeh, the PIP interview was humiliating and you are totally at the mercy of the Assessor. This process needs a total overhaul. There one question where my wife and I said that she did all the finances as I couldnt budget and found dealing with bills stressful. This was somehow interpreted as " I am able to deal with finances and budgeting". How can this happen?? This is the polar opposite to what we said.There is another "misinterpretation", which along with the above would have given me "Enhanced" Care. Is it wise to risk a MR, with the possibility that they might reduce Care to nil and make Mobility "Standard", rather than increasing care and how to i prove that is what we said.? I will ask to record the next review, which is a sad thing to have to do. Thanks
Yeh, the PIP interview was humiliating and you are totally at the mercy of the Assessor. This process needs a total overhaul. There one question where my wife and I said that she did all the finances as I couldnt budget and found dealing with bills stressful. This was somehow interpreted as " I am able to deal with finances and budgeting". How can this happen?? This is the polar opposite to what we said.There is another "misinterpretation", which along with the above would have given me "Enhanced" Care. Is it wise to risk a MR, with the possibility that they might reduce Care to nil and make Mobility "Standard", rather than increasing care and how to i prove that is what we said.? I will ask to record the next review, which is a sad thing to have to do. Thanks
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- Gordon
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6 years 2 days ago #230058 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA & PIP Reviewed and partially successful
Rossi
I can't offer any view on whether you should request an MR or not, how many points did you score for each component?
If you scored 8 and 12 points then you are perhaps at more risk than if it was 11 and 12+.
You also need to consider the points that you need to score for an Enhanced Daily Living award and where you might score them as you are looking to score for an activity that you have not scored for or higher for one that you did.
I can't say that there is no risk, it is low but we do regularly every 6-8 weeks have someone report on the forum that they have lost points and even an award at the MR stage.
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
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
I can't offer any view on whether you should request an MR or not, how many points did you score for each component?
If you scored 8 and 12 points then you are perhaps at more risk than if it was 11 and 12+.
You also need to consider the points that you need to score for an Enhanced Daily Living award and where you might score them as you are looking to score for an activity that you have not scored for or higher for one that you did.
I can't say that there is no risk, it is low but we do regularly every 6-8 weeks have someone report on the forum that they have lost points and even an award at the MR stage.
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
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
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- Gordon
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6 years 2 days ago #230059 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA & PIP Reviewed and partially successful
Rossi
I can't offer any view on whether you should request an MR or not, how many points did you score for each component?
If you scored 8 and 12 points then you are perhaps at more risk than if it was 11 and 12+.
You also need to consider the points that you need to score for an Enhanced Daily Living award and where you might score them as you are looking to score for an activity that you have not scored for or higher for one that you did.
I can't say that there is no risk, it is low but we do regularly every 6-8 weeks have someone report on the forum that they have lost points and even an award at the MR stage.
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
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
I can't offer any view on whether you should request an MR or not, how many points did you score for each component?
If you scored 8 and 12 points then you are perhaps at more risk than if it was 11 and 12+.
You also need to consider the points that you need to score for an Enhanced Daily Living award and where you might score them as you are looking to score for an activity that you have not scored for or higher for one that you did.
I can't say that there is no risk, it is low but we do regularly every 6-8 weeks have someone report on the forum that they have lost points and even an award at the MR stage.
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
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.
- Rossi1999
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6 years 2 days ago #230096 by Rossi1999
Replied by Rossi1999 on topic ESA & PIP Reviewed and partially successful
Thanks Gordon. I'm just debating whether it is worth it. It just not a level playing field. If you go to another doctor for a second opinion they do not say, " your original diagnosis was correct, but as you've queried it, I'm going to give you Mumps as well" Why aren't the nurses or physios who do these reports bound by the same rules as their day job? If they misinterpret, omit, or put in an inaccurate report, surely they should be disciplined, or retrained or worse. You would no more think of having to record a conversation with a nurse in hospital. The fact that this is the case with PIP assessments, show that this system is seriously broken.
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