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3 years 1 month ago #256702 by Catherine
Replied by Catherine on topic Pip Telephone Assessment
Hi Daisydream,

I think the most important thing now is to focus on what is important. That is not what did or did not happen at your assessment but what is written in the report. Yes, make your very justifiable complaint to the DWP about the assessor going in blind, but that will not win you any PIP points. What might, is rebutting the assessor’s recommendations in the PA4.

What I do, and I admit that I have the advantage of a nice big office photocopier for the job is copy the PA4 and go through it with two high lighter pens. I go through it with the first pen and mark everything which I believe is wrong. I then go through it again with a pen of a different colour and mark up which of those things I marked the first time through actually make a difference to how many points might have been awarded. Not everything which is wrong, however frustrating it may be to the person who has been assessed will make a potential difference to the award, and these are things are best put to one side so that they don’t dilute your strong important points.

You then need to open a document on the computer and start typing. Start with Activity 1, Preparing a Meal. Do you agree with what you were awarded. If so, say so, and why. If not, what do you think you should have been awarded. Pull out the justification the assessor gives for assigning you the wrong descriptor and give, possibly again, examples of why a different descriptor applies. If possible direct the person reading it to evidence.

E.G. Activity 1. Preparing a Meal. I was scored 0 points for this activity. I believe that I should be scored 2 points because I cannot cook a simple meal using a conventional cooker but I am able to do so using a microwave. The arthritis in my hands and wrists mean that I cannot press down on a knife to prepare the ingredients for a meal. I have tried using a knife with an adapted handle, but it is still too painful for me to cut raw vegetables or meat. Although I am able to pick up a saucepan half filled with water, my wrist will regularly suddenly give way, so it is not safe for me to do this. It is recorded in the PA4 that I said that I could make myself a drink by boiling water in a kettle, and it was therefore assumed that I could safely use a saucepan. This is not the case. I have a special aid which means that I can pour the kettle without having take the weight of it. My GP has referred to the arthritis in my wrists in his letter which I enclosed with my original application.

Activity 2. Taking Nutrition. I was scored 2 points because I needed assistance to be able to cut up food, and I agree with this. Again, the arthritis in my wrists means that I cannot push down with a knife.

Then by all means include some paragraphs under a general heading that says that you believe that HP did not gain a full understanding of the impact of ME and Lumbar Spine Degeneration. Although she correctly recorded that there is a variability in my condition, on 5 days out of 7 I am housebound if not bed bound. This is recorded by my GP in his supporting letter dated xx/xx/xxxx. What is more if I do do something on one of my good days that exhausts me so much that I am not able to even dress myself for the following 2 days etc etc

Now, I have made that up, not knowing your condition or how it affects you. But I hope it gives you an idea.

I know how angry you are about how the assessment was carried out, but I do want to get the message across that the key thing is to respond to the recommendations in the PA4.

As to the other documentation which the assessor referred to. I see no reason why you should not ask for a copy of it, but don’t let it delay you writing your response to the PA4 and getting it off in time. A PA1 is just a note which has been put into the file. I am pretty sure that CQ is Claimant Questionnaire – the form which you filled in.

I suspect that she asked you about your schooling with regards to the reading and budgeting activities.

A last point – from the DWP’s point of view it is theoretically possible that your previous awards were too high, and this one is right. So yes, do point out that your condition is no better than it worse, or is actually even worse in some respects, but the key thing is to demonstrate which descriptors apply to you now, not that you are simply the same as you were last time you were assessed.

I realise that some of that may sound hard, but I am trying to give you my best advice, together with a reminder to read the guides about MR and Appeals.

I wish you success.
Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 1 month ago #256815 by Daisydream
Replied by Daisydream on topic Pip Telephone Assessment
Hi Catherine
Drafted my complaint letter:
Briefly what I have included as follows:
1. Explained HP had no info etc
2. Explained HP gave me 3 diff versions of why
3. Quoted Clause 1.6.5 DWP guidelines
4. Said DWP had my files for 3 months before ass plenty of time to transfer to HP
5. Said believe HP treated me unfairly,
6. Said HP did not have adequate info on ME etc
7. Said requested MR
8. Also said requested extra info 3.3.21 - 7-10 days to arrive
9. Requested DWP respond by letter rather than by phone
10. Copied in MP and local councillor

Can you suggest anything else
Should i say how this whole process has affected me - how do you suggest I start, what do I say, stress etc

The ME paragraph you described in your last message - you described me perfectly - that is basically me.

Thanks again for all your help.

Daisydream
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3 years 1 month ago #256824 by Daisydream
Replied by Daisydream on topic Pip Telephone Assessment
Hi Catherine

Sorry but I forgot to mention in my earlier message;

1. As my husband does my drafting of emails, letter writing
etc as I would not be able to concentrate long enough to do
so also I would not have the energy to do this. This is why I have to wait until the weekends because he is a teacher and is so busy.

Should I state this in all future correspondence with the DWP because I don’t think I have actually ever told them that I need his help with do this.

Also would it be wise to state that I believe the HP did not
consider the long term effects of living with a chronic illness over 25 years or do I just put this in my MR findings letter. Also during the tel ass the HP did not ask me any relevant questions about my ME - she even admitted ‘’I know these questions are irrelevant but I have to ask them’’, she was in a rush said that I have to hurry things along as ‘’I will be hitting my time’’, felt she dismissed me a few times would not allow me to carry on with my reply, she would stop me mid-sentence and throw another question at me, do I state this or again leave it and include in my findings letter (PA4).

Sorry to be such a nuisance but not a good day my concentration is not good I am getting confused and I forget to ask things.

If you can suggest anything else I should be putting in my Complaint letter I would appreciate any help.

Thanks again.
Daisydream
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3 years 1 month ago - 3 years 1 month ago #256827 by Catherine
Replied by Catherine on topic Pip Telephone Assessment
Hi Daisydream,

Seems as if you have covered all points in your complaint letter, other than what you would like them to do about your complaint. Just start it with Dear Sirs, I would like make a complaint about my recent PIP assessment and then go from there.

BUT get it done, send it off and then put your efforts into your MR, which is the important thing!

Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 years 1 month ago by Catherine.
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3 years 1 month ago #256828 by Catherine
Replied by Catherine on topic Pip Telephone Assessment
Hi again,

If you need help doing something and you don't tell the DWP then it is reasonable for them to assume that you do it unaided. So it is important to tell them.

When you are doing your MR it is important to focus on how your condition affects your Daily Living and Mobility. Anything else you put in will only distract from the good stuff. You have made your complaint about the assessor, and this it not the place to bring it up again.

I gave examples in a previous post - the one where you said I described your condition well, of how I would tackle this. You might also want to re-read our guides to Appeals and MR.

PIP Guides

Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 1 month ago #257045 by Daisydream
Replied by Daisydream on topic Pip Telephone Assessment
Hi Catherine
Complaint letter already sent by Signed For on 5th March. Do they usually take their time to respond?

In the process of drafting my MR but needed your advise on a couple of things if you don't mind;

1. Do I need to list all 12 descriptors on the MR or just the ones that I disagree with.

When I was being transferred from DLA to Pip in 2015 I was awarded the Daily Living - this was extra never qualified for this before.
In 2015 - I was awarded 9 points for Daily Living - In my recent award January 2021 I was also awarded the same points.

2. Planning & Following Journeys/Moving Around:

I have qualified for both descriptors for 24 years having
been awarded the following;
Planning Journey - 4 points
Moving Around - 8 points
(Making me eligible for the Motability Scheme)

In my January 2021 review they have reduced my award to:
Planning Journey - 0 points
Moving Around - 10 points (increased this by 2 points
because of my increased difficulties as I need an aid or appliance.

My chronic long term conditions of ME/Lumbar Spine Degeneration has not improved, I now have added difficulties as recently I have been diagnosed with Osteoarthritis in both knees and I still need help from my husband/family members on the majority of days, on my so-called good days i will very rarely go out on my own to my local shop (which is literally less than 2mins drive i the car) but on the majority of days I would not have the confidence to do so because of fatigue pain and weakness and numerous symptoms without the
support of my family.

Under these conditions - Do I still qualify for descriptor 11 - as DWP has listed it as needing prompting/ psychological distress.
I also told the HP that I definately could not follow an unfamiliar journey without another person driving. I cannot use a bus as ME/Lumbar Spine Degeneration because of extreme fatigue and fluctuation of the condition.

I apologise if my sentences are a bit jumbled up - I am having trouble trying to explain myself properly.

The DM stated in letter because I can drive they have decided I can plan and follow the route of a journey unaided - is this correct?

Your advise regarding the above would be greatly appreciated.

Many thsnks

Daisydream

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