- Posts: 10
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- PIP Informal Observations affecting Decisions
× Members
PIP Informal Observations affecting Decisions
- Hel
- Topic Author
- Offline
Less More
5 years 3 months ago #243467 by Hel
PIP Informal Observations affecting Decisions was created by Hel
I've just received the newsletter and wanted to share my experience of this with you, regarding My daughters PIP claim. The f2f was held in our local library, a building I know extremely well as I did a 6 week work placement there whilst at University.
The assessor stated in the report that my daughter was observed walking (on crutches) 25 metres from the waiting area to the assessment room and stood in the lift to get to that room. The building is not big enough to have seen this and she did not accompany us in the lift, nor is there CCTV in the lift. I contacted the library to ask if they had any plans that showed the distances, they didn't but I was welcome to come and measure the distances, which I did. The maximum you could walk in the building was 11 metres including the lift journey to the third floor. They also noted that she was of average build (she's underweight) and spoke with a normal tone, she has selective mutism and she wrote on her phone and I relayed the answers to the assessor. She was awarded standard rate mobility and enhanced daily living, this was upped to Enhanced mobility on MR, I think because I was able to refute these informal observations.
The assessor stated in the report that my daughter was observed walking (on crutches) 25 metres from the waiting area to the assessment room and stood in the lift to get to that room. The building is not big enough to have seen this and she did not accompany us in the lift, nor is there CCTV in the lift. I contacted the library to ask if they had any plans that showed the distances, they didn't but I was welcome to come and measure the distances, which I did. The maximum you could walk in the building was 11 metres including the lift journey to the third floor. They also noted that she was of average build (she's underweight) and spoke with a normal tone, she has selective mutism and she wrote on her phone and I relayed the answers to the assessor. She was awarded standard rate mobility and enhanced daily living, this was upped to Enhanced mobility on MR, I think because I was able to refute these informal observations.
The following user(s) said Thank You: BIS
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 9011
5 years 3 months ago #243475 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Informal Observations affecting Decisions
Hi Hel
Thanks for sharing this. There are many times that assessors misquote distances. As for her remark about the tone.... I despair!
Congratulations on winning the MR.
BIS
Tags: @RESULT @PIP @MR
Thanks for sharing this. There are many times that assessors misquote distances. As for her remark about the tone.... I despair!
Congratulations on winning the MR.
BIS
Tags: @RESULT @PIP @MR
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.
- Karon
- Offline
Less More
- Posts: 5
5 years 3 months ago #243481 by Karon
Replied by Karon on topic PIP Informal Observations affecting Decisions
I didnt know whether to put this on this thread or make a new one. On the email for this month you asked for details of informal observations. On getting a copy of my Atos report i noticed it was full of them.
It detailed how i was dressed, that it was appropriate for the season and neat and tidy. It made observations that i looked uncomfortable but i was able to move the cushions behind my back. She noted that my hands ‘looked’ deformed but i could stroke my dogs head!! The only reason i had to keep stroking the dog was that originally she said she wouldnt enter the house unless i removed the dog (a 12 year old King Charles Spaniel). I told her the dog would howl if he was locked out of yhe house but i would keep him next to me.
The points she gave me were ludicrous with my multiple health issues and she also recommended a review in 2 years. Thank God the case worker had a bit more about her and she upped my points to give me high rate mobility, unfortunately she made care at the lower rate with a review in 4 years when i will be over 65.
I have secondary progressive multiple sclerosis, heart problems, sleep apnea and chronic regional pain syndrome caused by an inoperable cyst in my S1 nerve root. For this i have a spinal cord stimulator embedded in my spine!
I have no idea what more i need to endure to receive high rate care. I was given dla for life in 1994, 2 years after my MS diagnosis. At least i got to keep my mobility car this time!!
It detailed how i was dressed, that it was appropriate for the season and neat and tidy. It made observations that i looked uncomfortable but i was able to move the cushions behind my back. She noted that my hands ‘looked’ deformed but i could stroke my dogs head!! The only reason i had to keep stroking the dog was that originally she said she wouldnt enter the house unless i removed the dog (a 12 year old King Charles Spaniel). I told her the dog would howl if he was locked out of yhe house but i would keep him next to me.
The points she gave me were ludicrous with my multiple health issues and she also recommended a review in 2 years. Thank God the case worker had a bit more about her and she upped my points to give me high rate mobility, unfortunately she made care at the lower rate with a review in 4 years when i will be over 65.
I have secondary progressive multiple sclerosis, heart problems, sleep apnea and chronic regional pain syndrome caused by an inoperable cyst in my S1 nerve root. For this i have a spinal cord stimulator embedded in my spine!
I have no idea what more i need to endure to receive high rate care. I was given dla for life in 1994, 2 years after my MS diagnosis. At least i got to keep my mobility car this time!!
Please Log in or Create an account to join the conversation.
- IanT
- Offline
Less More
- Posts: 3
5 years 3 months ago #243486 by IanT
Replied by IanT on topic PIP Informal Observations affecting Decisions
I've just read your recent newsletter and was not at all surprised to see the piece concerning Bogus Observations.
My partner is a pensioner with multipe health issues, ongoing for 25+ years. Amongst other issues she has Fibromyalgia (all 18 possible tender points are active), both knees have chronic arthritis requiring transplants that she can't have due to weight issues and long term clinical depression.
The PIP assessment was a complete work of fiction, it took none of her health issues into consideration. It ignored all medical reports from specialists, physio's, psychiatrist's regarding her mobility, depression, history of suicide attempts and stated that she was capable of managing her own medication, handling money etc.
The real surprise was that they stated that she could walk up to 50 meters and had been observed to walk "20 meters normaly, with no discomfort".
The reason it came as a surprise was that she depends on a motorised wheelchair, which she attended the assessment in and only left it to tranfer to a chair situated next to it during the assessment.
Her mobility was downgraded and she lost £40 a week, but we were lucky that her GP sent a supporting letter for the reconsideration stating that it would be physically impossible for her to walk 20ft and impossible to walk at all with no pain, in a normal, timely manner.
The benefits agency still stated that their assessors never lied and implied that my partner was the one telling lies.
Before the reconsideration I put in a FOI request to get all the paperwork used in the claim and decision but this didn't arrive for 5 months, by which time the reconsideration was completed in her favour. When the details were eventually sent it turned out that the "healthcare professional" whose input that the benefits agency stated was preferable to the surgeon, specialists, physio, psychiatrist, GP etc was a state registered nurse.
My partner is a pensioner with multipe health issues, ongoing for 25+ years. Amongst other issues she has Fibromyalgia (all 18 possible tender points are active), both knees have chronic arthritis requiring transplants that she can't have due to weight issues and long term clinical depression.
The PIP assessment was a complete work of fiction, it took none of her health issues into consideration. It ignored all medical reports from specialists, physio's, psychiatrist's regarding her mobility, depression, history of suicide attempts and stated that she was capable of managing her own medication, handling money etc.
The real surprise was that they stated that she could walk up to 50 meters and had been observed to walk "20 meters normaly, with no discomfort".
The reason it came as a surprise was that she depends on a motorised wheelchair, which she attended the assessment in and only left it to tranfer to a chair situated next to it during the assessment.
Her mobility was downgraded and she lost £40 a week, but we were lucky that her GP sent a supporting letter for the reconsideration stating that it would be physically impossible for her to walk 20ft and impossible to walk at all with no pain, in a normal, timely manner.
The benefits agency still stated that their assessors never lied and implied that my partner was the one telling lies.
Before the reconsideration I put in a FOI request to get all the paperwork used in the claim and decision but this didn't arrive for 5 months, by which time the reconsideration was completed in her favour. When the details were eventually sent it turned out that the "healthcare professional" whose input that the benefits agency stated was preferable to the surgeon, specialists, physio, psychiatrist, GP etc was a state registered nurse.
Please Log in or Create an account to join the conversation.
- tomsmum2
- Offline
Less More
- Posts: 1
5 years 3 months ago #243500 by tomsmum2
Replied by tomsmum2 on topic PIP Informal Observations affecting Decisions
They did that to me,and i had my PIP stopped as i was 2points short,so i made them reconsider it and they had to re- instate it,it said i was 'observed' to walk 17 metres (the length of distance in the whole dept isnt even 17metres!) It was actually 2-3 metres from waiting area to room where i was assessed,and she said i could pick up handbag,even though,in actual fact she had offered to pick it up for me herself! I pointed all this out,in letter requesting reconsideration,also i had mentioned specifically my daughter had helped me get ready for my appt,even though she had not accompanied me( but my son had) but she still made comment,i looked well (i was actually coughing continually throughout,due a cough id had over 2months)and was 'well presented ',i HAD just said my daughter helped me get ready, she 'observed' id walked with a normal gait(i havent walked with a normal gait since i had a very bad road traffic accident in 1983,and one of my legs is now 2cms shorter than the other,so i have a bad limp,visible even with the use of crutches,which i was using that day,i also said a couple of times that i use a 'grabber' aid to help me dress,which my daughter had bought me,but theres was no mention of this so i lost the much needed 2points on this,as it never said i needed an aid to dress,so i lost the 2points i had at previous assessments,this lost me my standard daily living PIP which then lost me £62 a week on my E.S.A.claim! She could not disallow my standard mobility however,as clinical evidence matched my claims, but i had actually asked them to reassess me early as my osteoarthritis was much worse and consultant had put me on waiting list for double knee replacements! So still i had only standard mobility,upon reconsideration i had only standard on both and still ive to be reassessed again at time i should have been,not extended at all! She made me do the 'tests' even though i said it hurt to so,then observed i 'seemed uncomfortable,but not in severe pain'-though did say it bloody hurt! What angered me was how they totally disregarded ALL i had told them,and even the ESA assessment report id had a few weeks earlier- done by a lovely young man( physiotherapist) who WAS truthful- thus id been put in disability/support group and was assessed correctly,only for the PIP liars to muck it up by them having to cut my ESA,Thank God all my extra evidence (including a photo of all the aids i use for daily life) helped them reinstate my daily living,but i really should have had enhanced for both,but i was so afraid they'd take it all away if i complained so i accepted it! I had ESA reverted after PIP was reinstated,but though id to fill in another form ive still had to do another for ESA now its due again,but i dont know why as my face 2 face by the nice young man was only done 11 months ago! Do they do it yearly then? Or what? It says on both my ESA& PIP they're 'ongoing' but ive to keep repeating them,despite having several other health/ medical conditions besides my osteoarthritis! Its starting to feel like they're picking on me as though they cant believe 1 person can have all this wrong,even though its backed by full medical evidence. And no,ive never smoked,& only drink on birthdays& holidays,as they always ask on the forms if that's the reasons for your disabilities,which is also insulting,as they give money to those people (& extremely overweight poeople) anyway,regardless!
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
5 years 3 months ago #243502 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Informal Observations affecting Decisions
Karon
I've moved it to a new topic so that members can post their own comments.
Gordon
I've moved it to a new topic so that members can post their own comments.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Karon
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David