- Posts: 5
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- Incorrect info in PIP Assessment - PIP Refused
× Members
Incorrect info in PIP Assessment - PIP Refused
- lshameed
- Topic Author
- Offline
Less More
4 years 11 months ago #248230 by lshameed
Incorrect info in PIP Assessment - PIP Refused was created by lshameed
Hi. My sister had a at home PIP assessment & i was there to support her. The assessor didnt like that i was there or that i prompted my sister as she had a really bad memory & chronic fatigue along with severe Fibromyalgia. So we received the decision 2 days ago where she got zero in every single category. The assessor was extremely rude & basically there's alot of lies in it & it looks like she's taking about someone else entirely. I can't obviously say its all lies but it actually is. I've lodged an appeal, so they'll look at their decision again & I've asked for a copy of every document used in making their decision primarily to see if they contacted any of the 3 medical people who know her condition best. Now we have 30 days to send further info. My sisters quality of life is really poor, has CFS is in extreme pain. She gets a direct payment from Social Services for 5 hours a day & she's in bed alot of the time. The assessor didn't even mention the care she receives. What do i do next? Can anyone advise please. Apologies for a long post. Thank you in advance.
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 9011
4 years 11 months ago #248243 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Incorrect info in PIP Assessment - PIP Refused
Hi Labna
I'm sorry that your sister and you did not have a good experience. Your sister was entitled to have someone present. The assessor should have made it clear from the beginning how or if they were going to allow you to prompt. This is something that is not just given and can lead to assessors potentially saying the claimant did not cooperate.
I'm not quite sure whether you have the decision letter or the assessment report. If you haven't got the report you need it. Follow up a telephone request for it with a written one. You need this report quickly to make a proper response, because otherwise you're fighting blind. You need to know exactly why they disallowed points and then you can argue against it. Just asking them to look at it again only has a small chance of them changing the decision.
I can tell you now that there is little chance they have contacted any of the medical professionals listed - this happens only on rare occasions.
When the report arrives (or if you already have it) go through the PIP2, the assessment report and the PIP claim guide to work out why she has failed to score points.
This could be because
- You have not shown that she has met the criteria, the Descriptors can be very specific and even using the wrong language could mean she is treated as not meeting it.
- You have misinterpreted the criteria, it is easy to try and make the Descriptors fit her conditions but this will never work, you have to make the conditions fit the Descriptors if you reasonably can.
- The assessor has misinterpreted her problems, this may be due to a lack of knowledge so perhaps a mental health nurse will be less understanding of physical issues and a physiotherapist may not understand mental health problems despite their additional training.
You can't assume this but if you can show from the report that this is likely then it may be possible to override the report. Do this by using reference material, usually common symptoms and or back it up with any medical evidence you provided.
- Lastly, the assessor has misrepresented the assessment, all you can do is correct the errors, but stick to issues that lead to points. Don't waste time saying the assessor is a liar - it will only get their backs up.
Come back if you have further questions.
BIS
I'm sorry that your sister and you did not have a good experience. Your sister was entitled to have someone present. The assessor should have made it clear from the beginning how or if they were going to allow you to prompt. This is something that is not just given and can lead to assessors potentially saying the claimant did not cooperate.
I'm not quite sure whether you have the decision letter or the assessment report. If you haven't got the report you need it. Follow up a telephone request for it with a written one. You need this report quickly to make a proper response, because otherwise you're fighting blind. You need to know exactly why they disallowed points and then you can argue against it. Just asking them to look at it again only has a small chance of them changing the decision.
I can tell you now that there is little chance they have contacted any of the medical professionals listed - this happens only on rare occasions.
When the report arrives (or if you already have it) go through the PIP2, the assessment report and the PIP claim guide to work out why she has failed to score points.
This could be because
- You have not shown that she has met the criteria, the Descriptors can be very specific and even using the wrong language could mean she is treated as not meeting it.
- You have misinterpreted the criteria, it is easy to try and make the Descriptors fit her conditions but this will never work, you have to make the conditions fit the Descriptors if you reasonably can.
- The assessor has misinterpreted her problems, this may be due to a lack of knowledge so perhaps a mental health nurse will be less understanding of physical issues and a physiotherapist may not understand mental health problems despite their additional training.
You can't assume this but if you can show from the report that this is likely then it may be possible to override the report. Do this by using reference material, usually common symptoms and or back it up with any medical evidence you provided.
- Lastly, the assessor has misrepresented the assessment, all you can do is correct the errors, but stick to issues that lead to points. Don't waste time saying the assessor is a liar - it will only get their backs up.
Come back if you have further questions.
BIS
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.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David