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What now? Failed pip assessment.
- dinkmack
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5 years 1 month ago #245387 by dinkmack
Replied by dinkmack on topic What now? Failed pip assessment.
Hi,
Can I Include upper tribunal support for my mandatory reconsideration? I wanted to include something about following a journey for mental health.
Also the HP mentioned that although my partner accompanied me to the assessment she didn't offer support when she was there. For me her being there was all the support I needed. I took my cues from her. When she stood up I followed, but the assessor seemed to imply that she should of offered physical support. Would I be able to argue this or would it be difficult to refute?
The HP also mentioned in the observation that I did not ruminate. I had a quick google but I'm still not sure what the HP meant?
She also continued to say that I showed no signs of a cognitive impairment because I could answer questions about my condition. How could I refute this?
Thank you for any help.
Can I Include upper tribunal support for my mandatory reconsideration? I wanted to include something about following a journey for mental health.
Also the HP mentioned that although my partner accompanied me to the assessment she didn't offer support when she was there. For me her being there was all the support I needed. I took my cues from her. When she stood up I followed, but the assessor seemed to imply that she should of offered physical support. Would I be able to argue this or would it be difficult to refute?
The HP also mentioned in the observation that I did not ruminate. I had a quick google but I'm still not sure what the HP meant?
She also continued to say that I showed no signs of a cognitive impairment because I could answer questions about my condition. How could I refute this?
Thank you for any help.
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- BIS
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5 years 1 month ago #245394 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic What now? Failed pip assessment.
Hi Dinkmack
Any mention you make of upper tribunal rulings, you need to make sure that you relate it back to yourself and show why it is relevant.
You can refute anything that you disagree with - but you need to be arguing the points where you specifically failed to score points and where you think you should have done. If you think the assessor has made certain assumptions refute with your own evidence.
The word ruminate means to think deeply. I cannot be sure (I am not an assessor), but I think in this case the assessor may have meant that you answered the questions they asked without having to think too much about them.
In order to prove cognitive impairment you generally need this to be confirmed by a medical professional. It's not just enough to say you have a cognitive impairment. If you have no back up for it, you will need to say what the impairment is and how it manifests itself. If other people witness it, then get them to write a statement.
BIS
Any mention you make of upper tribunal rulings, you need to make sure that you relate it back to yourself and show why it is relevant.
You can refute anything that you disagree with - but you need to be arguing the points where you specifically failed to score points and where you think you should have done. If you think the assessor has made certain assumptions refute with your own evidence.
The word ruminate means to think deeply. I cannot be sure (I am not an assessor), but I think in this case the assessor may have meant that you answered the questions they asked without having to think too much about them.
In order to prove cognitive impairment you generally need this to be confirmed by a medical professional. It's not just enough to say you have a cognitive impairment. If you have no back up for it, you will need to say what the impairment is and how it manifests itself. If other people witness it, then get them to write a statement.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 1 month ago #245704 by dinkmack
Replied by dinkmack on topic What now? Failed pip assessment.
Hi, thanks for your help so far.
The health professional said that they didn't think I had anxiety but on multiple occasions throughout my assessment report she mentioned how I looked tense and withdrawn. That was because I was so anxious. Would this be a good point to challenge? Do I write up my MR the same way I would If I was appealing to a tribunal?
One more thing. She mentioned that my partner didn't need to support me during the assessment and that I managed to answer her questions and complete the assessment without having to cut it short. Would it be acceptable to say that my partner being there was the support I needed, and that my partner knew when I was fidgeting and tapping my hands together that I was using my coping mechanism to get me through it? Fidgeting and tapping my hands together can help me stay focussed. Would these be good points to mention in my MR?
Thank you.
The health professional said that they didn't think I had anxiety but on multiple occasions throughout my assessment report she mentioned how I looked tense and withdrawn. That was because I was so anxious. Would this be a good point to challenge? Do I write up my MR the same way I would If I was appealing to a tribunal?
One more thing. She mentioned that my partner didn't need to support me during the assessment and that I managed to answer her questions and complete the assessment without having to cut it short. Would it be acceptable to say that my partner being there was the support I needed, and that my partner knew when I was fidgeting and tapping my hands together that I was using my coping mechanism to get me through it? Fidgeting and tapping my hands together can help me stay focussed. Would these be good points to mention in my MR?
Thank you.
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- Gary
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5 years 1 month ago #245720 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic What now? Failed pip assessment.
Hi dinkmack
I always do a MR as if I was doing an appeal to a tribunal, the idea is for the MR to be successful rather than having to go to a tribunal which can take over a year.
You have to remember that the assessor does not know you and 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.
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.
If you need support then explain why you need the support, such as your coping mechanism.
Did you get a copy of the assessors report? Assessors report is always a good place to start from, I always go through the assessors report with the claimant highlighting anything in yellow that is contentious which I then link in with the MR.
If you have any additional medical evidence then send it in with your MR.
Gary
I always do a MR as if I was doing an appeal to a tribunal, the idea is for the MR to be successful rather than having to go to a tribunal which can take over a year.
You have to remember that the assessor does not know you and 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.
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.
If you need support then explain why you need the support, such as your coping mechanism.
Did you get a copy of the assessors report? Assessors report is always a good place to start from, I always go through the assessors report with the claimant highlighting anything in yellow that is contentious which I then link in with the MR.
If you have any additional medical evidence then send it in with your MR.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 1 month ago #245763 by dinkmack
Replied by dinkmack on topic What now? Failed pip assessment.
Yes I got a copy of the assessors report. Thank you.
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