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PIP Down Graded at Reassessment
- Kit
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2 days 5 hours ago #311982 by Kit
PIP Down Graded at Reassessment was created by Kit
Hi All. I have had the worst experience ever and it cam with a letter from the DWP yesterday who jave informed me that they have downgraded ny daily living component to the lower tier and scraped my motobility, They have given a nymber of reasons that are incorrect such as not considering my anxiety to be worthy of serious however I have letters from my doctors confirming that I have severe anxiety, mixed bipolar disorder and smi. I was diagnosed in 2002 with the disorder and retired a couple of years agp on medical grounds from work. The assessor during the review did not give me any time to think and I was unabke to remember key points of my illbess becasuse of my illness. I dont kow what to do. Is it worth mandatory reconsideration or is that pointless? I have been with the hospital and psychatrist for 25 years and I can only assume that the DWP has shut shop on SMI conditions. Has anyone else had the same treatment, This has actually triggered a really bad episode.
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- BIS
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17 hours 8 minutes ago #312010 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Down Graded at Reassessment
Hi Kit
I am so sorry this has happened to you. I know it will feel as if the DWP have a thing against SMI conditions especialy after some things said by politicians and people in the media, but I would try not to think of it in that way. It sounds as if you had an unsympathetic assessor, and coupled with your own difficulties, that made a stressful assessment even worse. As you haven't mentioned it - I assume you didn't ask for the assessment to be recorded or record it yourself? I only ask because it's much easier to argue with what they say if you have proof. However, if you haven't - that doesn't mean you shouldn't fight. You have lost a lot. Here are the your next steps if you are up to it.
1. Ring the DWP and ask for a copy of the assessor's report. That is a PA4. This will give you more details of how they came to the decision.
2. You have one month from the date on the decision letter to put in for a Mandatory Reconsideration. If you can't meet the one-month deadline, you have a further 12 months to put in for a Late Mandatory Reconsideration. If you have to put in for a late one - you need to give a reason = such as you weren't well enough, or didn't have sufficient time.
3. When you receive the PA4 go through each question and see what they have said - and see how you will refute it - with evidence they already have. You can also say what you think you should have scored.
4. Do not call the assessor a liar (however tempting or accurate it might be), but use terms such as "the assessor failed to," the assessor misunderstood," The assessor omitted to include what I said.." "The assessor did not take account of the evidence from Dr X..." etc, etc.
5. While you are waiting for the PA4 to arrive, go through the guide to PIP claims and Reviews and look at each question in the guide and see if there was anything you missed out that could strengthen your case. Particularly look at page 17 and see if you have included the 'reliability' criteria in your evidence. Many people don't do this enough.
6. If you have any relation or friend who can write a letter who has witnessed your struggles, include it.
7. Don't assume they understand your conditions (the assessor didn't). It's a mistake some claimants make because they assume a health professional should know, but it's quite possible they don't have deep knowledge of your condition. Even if they do, they don't know you, so check that you didn't leave anything out, making assumptions.
8. MRs are hard to win. Only 27% are successful. I only say that not to depress you further, but because it's the reality. But if you want to fight it - this is the process you have to go through.
Once you have your report, if you have any further questions, do come back and ask, and we will try to help. You are certainly not the only one going through this.
BIS
I am so sorry this has happened to you. I know it will feel as if the DWP have a thing against SMI conditions especialy after some things said by politicians and people in the media, but I would try not to think of it in that way. It sounds as if you had an unsympathetic assessor, and coupled with your own difficulties, that made a stressful assessment even worse. As you haven't mentioned it - I assume you didn't ask for the assessment to be recorded or record it yourself? I only ask because it's much easier to argue with what they say if you have proof. However, if you haven't - that doesn't mean you shouldn't fight. You have lost a lot. Here are the your next steps if you are up to it.
1. Ring the DWP and ask for a copy of the assessor's report. That is a PA4. This will give you more details of how they came to the decision.
2. You have one month from the date on the decision letter to put in for a Mandatory Reconsideration. If you can't meet the one-month deadline, you have a further 12 months to put in for a Late Mandatory Reconsideration. If you have to put in for a late one - you need to give a reason = such as you weren't well enough, or didn't have sufficient time.
3. When you receive the PA4 go through each question and see what they have said - and see how you will refute it - with evidence they already have. You can also say what you think you should have scored.
4. Do not call the assessor a liar (however tempting or accurate it might be), but use terms such as "the assessor failed to," the assessor misunderstood," The assessor omitted to include what I said.." "The assessor did not take account of the evidence from Dr X..." etc, etc.
5. While you are waiting for the PA4 to arrive, go through the guide to PIP claims and Reviews and look at each question in the guide and see if there was anything you missed out that could strengthen your case. Particularly look at page 17 and see if you have included the 'reliability' criteria in your evidence. Many people don't do this enough.
6. If you have any relation or friend who can write a letter who has witnessed your struggles, include it.
7. Don't assume they understand your conditions (the assessor didn't). It's a mistake some claimants make because they assume a health professional should know, but it's quite possible they don't have deep knowledge of your condition. Even if they do, they don't know you, so check that you didn't leave anything out, making assumptions.
8. MRs are hard to win. Only 27% are successful. I only say that not to depress you further, but because it's the reality. But if you want to fight it - this is the process you have to go through.
Once you have your report, if you have any further questions, do come back and ask, and we will try to help. You are certainly not the only one going through this.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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