× Members

Evidence not used by assessor.

More
4 years 1 month ago #257926 by Neil
Evidence not used by assessor. was created by Neil
Hi
May I ask please about the PiP consultation report. At the bottom of the page there is a box heading “list of evidence considered alongside the consultation findings”. Does anyone know if this should be the full list off evidence that my wife and I have submitted or is this a list of evidences that the medical assessor has picked herself. As we supplied crucial supporting evidence at a later date of which DWP did receive but it is not in the list, she also included as evidence previous PIP report (PA4) and a ESA assessment report but excluded the First-Tier Tribunal decision that we put forward as our part evidence.
We did have the consultation recorded and she did say that she had all the new evidence supplied but there are a lot of things on the recoding that are not correct with what had been said.
Thank you for any help.
The following user(s) said Thank You: VIA

Please Log in or Create an account to join the conversation.

More
4 years 1 month ago #257937 by BIS
Replied by BIS on topic Evidence not used by assessor.
Hi Neil

Only a couple of times I have seen a list of all the reports sent in and that's generally when there is only two of them. I would say it's common practice for them not to list. It doesn't necessarily mean that they haven't looked at them. One also has to remember that they offer an 'opinion' so something we think is relevant - they may not. Having said that, you can always challenge the fact they haven't referenced something if you're forced to put in for an MR and/or Appeal.

It is unfortunately fairly common for there to be a difference between what someone has said and what is written on reports.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: VIA

Please Log in or Create an account to join the conversation.

More
4 years 1 month ago #257947 by denby
Replied by denby on topic Evidence not used by assessor.
Hi Neil, in case you hadn't known , if you had the PA4 recently you are at liberty to write in to DWP setting out coldly all the faults, referencing each to whichever of all your evidence doc's are relevant one by one. This tactic last year resulted in our daughter getting Enhanced x2 as she had had before from Tribunal, but this time without even MR. If appropriate add more evidence to counter specific points, eg our PA4 claimed 'only moderate pain relief"; I sent in the NHS page on how Tramadol is for severe pain.
On the report she would have got little, as it was so twisted/ full of omissions etc. So worth a go, to get to the Decision Maker ASAP before they trade on the flawed report.
Best wishes, Denby
The following user(s) said Thank You: Summer@, VIA, Neil

Please Log in or Create an account to join the conversation.

More
4 years 1 month ago #257959 by Neil
Replied by Neil on topic Evidence not used by assessor.
Thank you Bis, may I ask one more question please, is it also common practice for the assessor to give 2x descriptions that would have given me 4 point but the decision maker to award none ?
Thank you for any help.

Please Log in or Create an account to join the conversation.

More
4 years 1 month ago #257961 by BIS
Replied by BIS on topic Evidence not used by assessor.
Hi Neil

Decision-makers often do follow the recommendations of the Health Professional/assessor - but they do sometimes over-rule.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Neil

Please Log in or Create an account to join the conversation.

More
4 years 1 month ago #257975 by PDix
Replied by PDix on topic Evidence not used by assessor.
When I applied for PIP, I felt quite confident of getting standard mobility as I must use 2 crutches to walk, can only walk short distances and had been in the support group of ESA on this basis for 6 years and had a blue badge. When the decision came through I had been given standard care and no mobility. I noticed that all the evidence in support of my mobility claim had not been listed as used. I did an MR and resent all the mobility evidence again, pointing out and drawing their attention to specific points ie the ESA reports. I didn’t know if the evidence had become detached or lost. Although I had done a list of contents and the pages were all numbered, what if they hadn’t noticed? Personally, I feel that if it’s not listed they may have not looked at it particularly if it doesn’t suit their agenda.
The following user(s) said Thank You: denby, Catherine, VIA, Neil

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.