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pip assessment
- Rince2028
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5 years 5 months ago #240307 by Rince2028
pip assessment was created by Rince2028
in a earlier thread i wrote how i was awarded higher rate mobility and standard rate living allowance , i really thought i would be awarded enhanced rate this time even though i was on the same awards on dla
when i had my assessment my wife phoned after to say how nice and great the assessor was at putting me at ease and helpful but after i got my report copy today it is like i was in a different room
hardly anything she put rings true
first she observed i was average build , i am 6ft tall and although in a wheelchair im 24 stone due to steriods i have been on for 20 years ,does this sound average ?
i am in a wheelchair , i have chronic pain 90% of the time . im in bed for weeks on end
she said when i was there dont worry so much you wont lose anything ,
she has put i can make a meal with aids , i cant stand more than a couple of minuets without crutches before i have to sit down , i cant bend to use an oven , after a minute of doing anything with my hands i get bad cramps and cannot hold anything
the last time i tried i nearly scalded myself when my wife put a hot pan on the table i tried to pick it up and dropped it . i cannot make a meal and if i could i would no way be able to do it unaided i cant let go of my crutches to carry anything and like i say i can only stand for a minute before needing to sit because of back and leg pain
when the physical assessment side came she told me i did not have to do it and she was concerned about me doing it , i said if i didnt try it would go against me , she said she would put on the report she advised against it , however i did try the leg movement part and the hand movement , she put some weakness in legs and could not raise my leg fully , when i stretch my legs when im seated they shake out of control , she even commented on this but in the report put non of it , she put im ok to plan and undertake a journey alone im in a wheelchair i cannot ;push myself , i cannot get on or off public transport and i have not driven for years and when i did i needed somone with me . i was expecting higher rate and only scrapped through by 1 point to get standard and a review in 3 years, she even said next time if you need on would be a light review .10 years ago at tribunal i was awarded higher rate mobility and middle living and since then have gotten alot worse , but did not report this earlier in fear of losing it then i knew i would be going for pip . i am unsure weather i can complain about her or if its any use or can i just o straight to appeal and miss the mr . any help would be appreciated
when i had my assessment my wife phoned after to say how nice and great the assessor was at putting me at ease and helpful but after i got my report copy today it is like i was in a different room
hardly anything she put rings true
first she observed i was average build , i am 6ft tall and although in a wheelchair im 24 stone due to steriods i have been on for 20 years ,does this sound average ?
i am in a wheelchair , i have chronic pain 90% of the time . im in bed for weeks on end
she said when i was there dont worry so much you wont lose anything ,
she has put i can make a meal with aids , i cant stand more than a couple of minuets without crutches before i have to sit down , i cant bend to use an oven , after a minute of doing anything with my hands i get bad cramps and cannot hold anything
the last time i tried i nearly scalded myself when my wife put a hot pan on the table i tried to pick it up and dropped it . i cannot make a meal and if i could i would no way be able to do it unaided i cant let go of my crutches to carry anything and like i say i can only stand for a minute before needing to sit because of back and leg pain
when the physical assessment side came she told me i did not have to do it and she was concerned about me doing it , i said if i didnt try it would go against me , she said she would put on the report she advised against it , however i did try the leg movement part and the hand movement , she put some weakness in legs and could not raise my leg fully , when i stretch my legs when im seated they shake out of control , she even commented on this but in the report put non of it , she put im ok to plan and undertake a journey alone im in a wheelchair i cannot ;push myself , i cannot get on or off public transport and i have not driven for years and when i did i needed somone with me . i was expecting higher rate and only scrapped through by 1 point to get standard and a review in 3 years, she even said next time if you need on would be a light review .10 years ago at tribunal i was awarded higher rate mobility and middle living and since then have gotten alot worse , but did not report this earlier in fear of losing it then i knew i would be going for pip . i am unsure weather i can complain about her or if its any use or can i just o straight to appeal and miss the mr . any help would be appreciated
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- Gordon
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5 years 5 months ago #240318 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip assessment
Rince
You cannot appeal without your having completed an MR process first.
Complaining about the assessor is a separate process from any MR or appeal, you may be able to use the result of any successful appeal as evidence for these but not before.
Make sure that you understand the criteria that you are being assessed against, for example; the Preparing Food test does not require the use of an oven, only a hob and if you are unable to use suitable aids then you need to explain why this is the case, for example; a perching stool would remove the need for you to stand in the kitchen.
Gordon
You cannot appeal without your having completed an MR process first.
Complaining about the assessor is a separate process from any MR or appeal, you may be able to use the result of any successful appeal as evidence for these but not before.
Make sure that you understand the criteria that you are being assessed against, for example; the Preparing Food test does not require the use of an oven, only a hob and if you are unable to use suitable aids then you need to explain why this is the case, for example; a perching stool would remove the need for you to stand in the kitchen.
Gordon
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- Rince2028
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5 years 5 months ago #240351 by Rince2028
Replied by Rince2028 on topic pip assessment
My husband messaged here and since then and reading all his pip assessment he has been in upset and in tears because it basically makes him out to be a liar , like she said he could remember all his medications , which he cannot I do them for him and make sure he takes them , but I was at the assessment and handed the woman a full list of medications so she had no need to ask him and never did , do they record the assessment so I can ask for a copy ? And is it possible to take legal action against the assessor , any help would be appreciated , as I am fuming at how my husban had been mis represented
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- BIS
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5 years 5 months ago #240352 by BIS
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Replied by BIS on topic pip assessment
Hi Rince2028
Your husband's PIP assessment was not recorded. If you wanted it recorded this is something that claimants have to arrange themselves.
As Gordon explained in a previous post - you can put in a complaint, but that is a separate process from putting in a Mandatory Reconsideration if you want your husband's case to be looked at again.
The assessor makes observations and offers opinions. The fact that she put down that your husband is of average build may be incorrect, but it won't necessarily make a difference to the points he scored and it is this you want to focus on if you are going to put in for a Mandatory Reconsideration. It is a similar situation with the medication. The fact that she says he was able to remember his medication when he wasn't - is extremely annoying, but in itself only matters if you are able to show that he is not able to manage his own medication and it is you who ensures he gets the correct medication, at the right time and there would be repercussions for his health if you didn't do this. I know it's tempting just to say the assessor is a 'liar' or 'incompetent' but what you want to focus on is where you think your husband didn't score as highly as you think he should have done and what evidence you have to counteract the assessor's opinion. You can certainly say they are mistaken.
BIS
Your husband's PIP assessment was not recorded. If you wanted it recorded this is something that claimants have to arrange themselves.
As Gordon explained in a previous post - you can put in a complaint, but that is a separate process from putting in a Mandatory Reconsideration if you want your husband's case to be looked at again.
The assessor makes observations and offers opinions. The fact that she put down that your husband is of average build may be incorrect, but it won't necessarily make a difference to the points he scored and it is this you want to focus on if you are going to put in for a Mandatory Reconsideration. It is a similar situation with the medication. The fact that she says he was able to remember his medication when he wasn't - is extremely annoying, but in itself only matters if you are able to show that he is not able to manage his own medication and it is you who ensures he gets the correct medication, at the right time and there would be repercussions for his health if you didn't do this. I know it's tempting just to say the assessor is a 'liar' or 'incompetent' but what you want to focus on is where you think your husband didn't score as highly as you think he should have done and what evidence you have to counteract the assessor's opinion. You can certainly say they are mistaken.
BIS
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- Rince2028
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5 years 5 months ago #240353 by Rince2028
Replied by Rince2028 on topic pip assessment
Thank you for your speedy answer the medication and the weight thing was just a couple of examples there were so many mistakes , is there any service out there apart from citizens advice that gives help with how to answer these things in the correct manor , after speaking with the dwp today we found the assessor was the only medical opinion they did not write to his Dr s , his condition is incurable and will only get worse yet she has asked for another assessment in3 years in 2008 we went to tribunal and won the higher rate mobility and middle rate for life because it was proven then that his condition would in no way get better .
It's so hard to know what to put we spent 8 hrs filling his forms in and she has contradicted nearly everything , she comments on his hip rotations was sat in his wheelchair how could she assess this , I'm sorry for ranting but we are very frustrated ,
It's so hard to know what to put we spent 8 hrs filling his forms in and she has contradicted nearly everything , she comments on his hip rotations was sat in his wheelchair how could she assess this , I'm sorry for ranting but we are very frustrated ,
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- BIS
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5 years 5 months ago #240362 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic pip assessment
Hi Rince2028
In terms of finding advice other than the CAB - all you can do is google welfare advice and put in your home area and see what comes up.
The DWP rarely contacts the GP and we warn of this in our guides.
I know your husband was awarded DLA for life - but so were many other claimants. Unfortunately, PIP is a different benefit, the criteria are tougher and although there are 'indefinite' awards made - this means ten years.
I understand you're incredibly frustrated and upset and concerned about where you go from here. Do you make a complaint? Or do you put in for a Mandatory Reconsideration? Or do you go for both?
I can only say again - that it's a decision only you can make. What you both need to do though is concentrate on seeing where the assessor believes your husband did not meet the PIP criteria. You said in your previous post - the only medical evidence they had was the assessors - did you not include any additional evidence with you form - consultant letters or occupational therapist or physiotherapist? You can still contact your GP - yourself and see whether they are willing to write a letter in support of the claim (not all are!)
You could also contact your local MP and see what they can do to help. Sometimes the DWP has capitulated once an MP gets involved.
The important thing is that you understand the PIP criteria and have the evidence to contradict the errors that the assessor has made.
BIS
In terms of finding advice other than the CAB - all you can do is google welfare advice and put in your home area and see what comes up.
The DWP rarely contacts the GP and we warn of this in our guides.
I know your husband was awarded DLA for life - but so were many other claimants. Unfortunately, PIP is a different benefit, the criteria are tougher and although there are 'indefinite' awards made - this means ten years.
I understand you're incredibly frustrated and upset and concerned about where you go from here. Do you make a complaint? Or do you put in for a Mandatory Reconsideration? Or do you go for both?
I can only say again - that it's a decision only you can make. What you both need to do though is concentrate on seeing where the assessor believes your husband did not meet the PIP criteria. You said in your previous post - the only medical evidence they had was the assessors - did you not include any additional evidence with you form - consultant letters or occupational therapist or physiotherapist? You can still contact your GP - yourself and see whether they are willing to write a letter in support of the claim (not all are!)
You could also contact your local MP and see what they can do to help. Sometimes the DWP has capitulated once an MP gets involved.
The important thing is that you understand the PIP criteria and have the evidence to contradict the errors that the assessor has made.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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