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PIP Phone Call Notes evidence? (MR stage)
- SirSupaDupa
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3 years 9 months ago #249451 by SirSupaDupa
PIP Phone Call Notes evidence? (MR stage) was created by SirSupaDupa
Hi guys,
I'm currently on my MR stage, from what I understand from the guides it's best to argue the facts rather than the lies but this case, I have neruopathic pain in my feet & hands.
PIP have accepted the feet pain somewhat and decided to award me 4 points in daily/4 mobility however they've completely tried to counter my hand issue by saying -
"The informal observations showed that the assessor if his phone was on loud speaker and he told her he was holding this (this would indicate adequate grip)"
But the matter of fact is I never said i was holding it and it was on loud speaker, she never even asked me, my brother was also next to me taking notes of the all the Q & A we have most off them, i'm just wondering what my best approach here would be? I feel like this is an important point to argue, could I also send them the notes my brother wrote (which would also indicate it was actually on loudspeaker rather than me holding it).
I've also got physiotherapy reports that ironically mention I struggle with writing, using a phone, typing which I wasn't able to obtain before the MR but have now have as new evidence.
Sorry for the long winded thread, my minds sort of all over the place, just wondering my best approach here and if it's worth adding written phone call notes my brother wrote out as extra evidence?
I'm currently on my MR stage, from what I understand from the guides it's best to argue the facts rather than the lies but this case, I have neruopathic pain in my feet & hands.
PIP have accepted the feet pain somewhat and decided to award me 4 points in daily/4 mobility however they've completely tried to counter my hand issue by saying -
"The informal observations showed that the assessor if his phone was on loud speaker and he told her he was holding this (this would indicate adequate grip)"
But the matter of fact is I never said i was holding it and it was on loud speaker, she never even asked me, my brother was also next to me taking notes of the all the Q & A we have most off them, i'm just wondering what my best approach here would be? I feel like this is an important point to argue, could I also send them the notes my brother wrote (which would also indicate it was actually on loudspeaker rather than me holding it).
I've also got physiotherapy reports that ironically mention I struggle with writing, using a phone, typing which I wasn't able to obtain before the MR but have now have as new evidence.
Sorry for the long winded thread, my minds sort of all over the place, just wondering my best approach here and if it's worth adding written phone call notes my brother wrote out as extra evidence?
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- Gary
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3 years 9 months ago #249453 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP Phone Call Notes evidence? (MR stage)
Hi Sam
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
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I was able to hold my phone, the phone was on loud speaker throughout the phone assessment due to neruopathic pain in my hands"
Understand that the assessor 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.
I would send in your physiotherapy report with your MR and any additional support documents such as a letter from your brother stating what support he gives and why.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
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
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I was able to hold my phone, the phone was on loud speaker throughout the phone assessment due to neruopathic pain in my hands"
Understand that the assessor 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.
I would send in your physiotherapy report with your MR and any additional support documents such as a letter from your brother stating what support he gives and why.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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