Advice for refuting HP findings

Hi BitsOf,
As you can imagine I have seen many, many Assessment Reports... unfortunately the one for your Mum resembles those written for other claimants. There are stock repeated phrases. The comments you cite are all too familiar!!!
If I understand correctly you have an audio recording of the assessment.
If so then here's what I would suggest...
In your post you have already identified some important discrepancies in the report. Try and formulate these into 4 or 5 bullet points. Giving examples of worse incidents if relevant.
So for example
1. The Assessment report states that Mrs X coped well in interview. This is not correct. Throughout the entire time Mrs X was in tears and audibly sighing, which was ignored by the assessor. Then add example this could be - at 41 mins 24 on the recording Mrs X is clearly heard to be sobbing. Mrs X' s son then says 'Mrs X needs a break, she is very upset and shaking ' The assessor simply said.' We need to continue.' and simply asked more questions.

2. The Assessor has incorrectly recorded many of the answers. For example eg Mrs X can not drive herself. For at least 3 days per week she is too unwell and is unable to do anything except remain in bed; at these times she has to have 100% help with all her daily care needs, including PIP descriptor activities.

3. The assessor has wrongly stated that Mrs X was able to answer all the questions unaided. This is simply not correct. Mrs X was confused and upset throughout and eg as evidenced by the recording made during the assessment 51 questions were asked of which Mrs X was able to answer only 16. The remaining questions were answered by her son.

4. The report has many spelling errors and in parts does not make sense. For example at page 3 " She has not is driving." The poor spelling etc confirm a lack of attention and this is mirrored in the many comments which are inaccurately recorded.

5. The Assessor refers to the previous report. (Date) However this is misleading as upon Appeal to Tribunal the Tribunal agreed that maximum points were to be awarded against. Descriptors 4,5,6 & 10. The assessor has not referred to the Tribunal Decision and does not appear to have read any of the medical reports from Mr O'Brien, Consultant at Greenville Hospital confirming Mrs X's disabilities.

I have used my own examples to illustrate what you could write. Basically create a topic area that gives rise to mistakes or errors etc. This is better than nitpicking everything. (Because then the centre of your complaint is just lost in a flurry of words!) Write the bullet points and put them aside for the moment.
You have the recording. There are 2:ways of referring to this. You can just send a copy ( COPY! not original!) to DWP or send a transcript.
If you want to prepare a transcript which is time consuming, do it just like a film script. ie do this very matter of fact and in an impartial manner. Give times for important things. Here's an example...

5.m 23 Assessor (A) : How
many meals a day do you cook?
Mrs X: I don't cook, I have severe arthritis in my hands. I am in pain. I drop everything.
A: Ok, so you can make a cooked breakfast?
Mrs X: I said 'I don't cook, I...( Inaudible words)
5m 27 ( Mrs X can be heard sobbing loudly.)
A: Please answer. Tell me about cooking.
Mrs X: I don't know what to say, I've told him...
Son X : (Interrupts) Look, I can confirm Mum does no cooking...she can't, her hands are terrible...
A: Ok, what about eating....
Prepare one transcript exactly as it happens. But then you may wish to provide a second annotated version.Eg using the above example still

A: Please answer. Tell me about cooking.
Mrs X: I don't know what to say, I've told him...at this point Mrs X is constantly wringing her hands, and shaking visibly son reaches out and holds her hands, nods to see if she is ok, she nods back

You can then attach a copy of the transcript and annotated version if required with MR.

Start writing the letter.
Firstly state that this is a Supersession case
( which I believe it is, ie if there was an award in payment and then this was changed) Supersession is just the legal term for this sort of change. Explain that the current award was ( again if I am correct on this) awarded by the Tribunal. State if correct nothing has changed since Tribunal. Include the decision. Mention that assessor relied on an old incorrect report which was not accepted by the tribunal.
Include a paragraph or 2 about your Mum's illness, disability giving a brief overview of this including treatment, surgery, meds etc. Explain level/nature of meds if relevant
Next copy out the bullet points criticism of the assessment report.
Finally got through each relevant descriptor. Say eg DWP awarded zero points. Refer to the Tribunal. Say eg nothing has changed, and that you were correctly awarded X points for Descriptor x and you are still unable to ....(explain disability and how it affects you doing relevant tasks.) Here you can also make a more focussed criticism of the assessment report.

Normally there is 1 month to submit an MR request. However if you are a few days late this won't matter. You will need to show good reason, but seeking expert advice, poor health, bereavement etc would all likely to comprise good reason. The ultimate time limit is 13 months after the decision date. You can send in MR up to then,but will need a very good reason if that late!
Put your Mum's NI number and name on all pages. Keep a copy. I always advise to send by tracked mail.
Good luck.
Let us know how you get on.
I hope this helps.
LL26

HI BitsOf
One of your answers hadn't been published - that's why you got the impression it was missing - sorry about that.

LL26 believes it is a supersession because your award was still in place from the Tribunal, and the DWP has now changed it. Do as she suggests and say that they made their decision from an old report that was originally rejected by the Tribunal.

Unfortunately, we don't have anyone we can refer you to who can review your letter.

BIS

Hi BitsOf,
If your response didn't appear for a while that may be due to the fact that posts have to be checked before they are allowed to be published online.

Have a look at this.
The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

Tribunal decisions
31. The Secretary of State may supersede a decision of the First-tier Tribunal or Upper Tribunal which—

(a)was made in ignorance of, or was based upon a mistake as to, some material fact; or

(b)in a case where section 26(5) (appeals involving issues that arise in other cases) of the 1998 Act applies, was made in accordance with section 26(4)(b)of that Act

31.(b) refers to test cases - I doubt this applies here.

Hence the only legal way DWP can change an award that is currently in payment, having been awarded by the Tribunal is some sort of innocent mistake, omission or deliberate fraud.
It DOES not apply to a randomly or indeed planned review , within the currency of the award period and NOTHING has changed, and the disability is correctly assessed and points awarded correctly reflect the level of disability.
That said, the claimant will have a duty to inform DWP when his health improves and the level of benefit should legally be reduced. If the claimant doesn't do that - DWP when it finds out will correctly argue that an overpayment has occurred.

I hope that this helps.

LL26