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MR help

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4 years 11 months ago #248284 by Squeakles
MR help was created by Squeakles
Hi there,
I've been moved from dla to PIP.
assessed for PIP as 6 points for daily living and 12 for mobility.
After receiving a copy of the assessment report/consultation report It's showing that there are many either missing or misstated things on the report eg not stating that I have to have my medicines medipacked as I frequently either take to many, too little or altogether forget to take them. also levels of medication are stated as "moderate levels" when they are maximal doseages.
Myself having to explain what an auditory processing disorder is to the nurse...who then told me that she has hearing aids also....but doesn't wear them because she doesn't like how they look! (no, she wasn't wearing them in the assessment)
there is pretty much no mention of mental health difficulties and how they affect me, nor other medical problems which are played down in the difficulty they cause to me.
I don't have any suppporting documentation as I moved from Brighton to St helens....thus changing gp...and no notes were transferred from my previous gp of over 20 years. I have subsequently changed GP once again who have also not received any notes either.
Also with the current state with the NHS with the coronavirus and my GP being closed for routine appointments and CAB not doing face to face for form filling. I'm a bit stuck..(the assessment happened just before the lockdown so the decision making carried on as usual)
If anyone is able to help me I'd really appreciate it.
thanks in advance (if i've put this post in the wrong place please move it or let me know)

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4 years 11 months ago #248286 by BIS
Replied by BIS on topic MR help
Hi Jonathan

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

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I'm sorry that you did not receive the award you were expecting. It sounds as if you're going to put in for a mandatory reconsideration. We have a guide on this: Guide to PIP Appeals -
www.benefitsandwork.co.uk/help-for-claimants/pip.

You would also be advised to look through our comprehensive PIP guide and see if you answered the questions fully enough in the first place.

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

Go through the PIP2, the assessment report and the PIP claim guide to work out why you didn't score the points you hoped for.

This could be because

- You have not shown that you 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 conditions but this will never work, you have to make the conditions fit the Descriptors if you reasonably can.

- The assessor has misinterpreted your 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 have already stated the issue over the hearing).

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.

- Lastly, the assessor has misrepresented the assessment, all you can do is correct the errors, but stick to issues that lead to points. It can be tempting to call out an assessor for their stupidity, but don't - just highlight that they were mistaken in making particular judgements.

I don't know whether when you first applied you included a letter from a loved one, partner, relation or friend who knows you and could speak about the effect of your difficulties. If you didn't you should do so. These people know you better than any GP.

If you have any further questions, come back and ask and we will try to help.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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