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TOPIC: PIP report is simply not true!

PIP report is simply not true! 5 days 8 hours ago #214727

Hi, I have never posted on any sort of forum before so I hope I am doing it correctly. Ihad my PIP interview in May, but 7 weeks later had heard nothing, although during that time received a text after a couple of weeks saying they would let me know in about 4 weeks, and a couple of weeks after that a letter saying the same thing. Eventually we rang up and they said a letter had been sent on June 20th. This letter hadn’t arrived in 3weeks so we rang agai and the letter finally arrived yesterday, July 12. I was on higher rates of DLA, but have been awarded standard for both in PIP. The entire process had taken 8months and nearly killed me, with my physical illness and crippling anxiety around the process. I felt I could not live through any sort of appeal.
However, I then discovered the enclosed report on how the decision was made - I hadn’t realised I would get this.
As I started to read it, I had to check it was actually MY report - I thought they had sent me someone else’s. They seem to have plucked things from thin air! Eg I was embarrassed during my assessment that I was in tears , crying throughout most of it, all the worry, stress, fear and anxiety of the previous months caught up with me, and I kept apologising saying “I’m sorry, I’m just so anxious “. Ha! I needn’t have been embarrassed - Their report states that I “ showed no signs of anxiety or distress “! There are also numerous other statements “ You told us that...........” where I did NOT tell them those things.
I have a fluctuating condition, and emphasised that this was a “good day”, which the assessor acknowledged later, saying “I know this is a good day “. They have based their report on thing I could achieve on that day, despite my form thoroughly documenting that these things are simply NOT achievable most of the time.
Because my letter was dated June 20, but not received until yesterday, July 12, I have only a few days to respond, and feel utterly broken and incapable of fighting this, but am VERY concerned that this false account of my capacity now officially exists and feel it needs to be challenged and if possible corrected, in view of how it undermines my reality, and for future implications.
Have others experienced this, and may I ask how you have responded, what means of rectifying this. It is an impossible task when feeling so poorly and limited,and worn down.
I am also concerned that if I question this decision,they might take away the award altogether.
Thank you for any advice you might offer.

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PIP report is simply not true! 5 days 7 hours ago #214729

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

The first thing to say is that the reasons why DLA Higher Rate Care is awarded is fundamentally different from the PIP criteria, also a Higher Rate Mobility award directly translates to the Standard rate for PIP.

However, if you expected to score at least 12 points for either component then you should consider challenging the Decision, although you do need to be aware that doing so does mean that you whole award will be reviewed and this can mean a loss of points or even the removal of an award, although I do want to stress that this is very rare.

If you do want to challenge the Decision then 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. I believe you have received the Decision Maker's Statement of Reasons. 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 walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

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.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP report is simply not true! 4 days 14 hours ago #214767

Hi, I fully understand and sympathise with your story because it is very similar to mine. Like yourself the whole process has affected me physically, mentally and emotionally the anger I feel at the catalogue of iies in my assessment report (and this has happened to me twice) only adds to my mental health problems.
Unfortunately the only way is to kowtow to their system, not criticise the HP who assessed you, not highlight the blatant lies they have written in their report and swallow your anger to enable yourself to get an award at all.
In my own personal case I refuse to do any of those things preferring instead to hang on to what little self respect these procedures have left me with so I am not appealing a second time and to the Paramedic and SRN who deliberately falisfied their assessment reports in my own particular case, they should be ashamed to be part of our NHS.
Best wishes and good luck for your own particular process :-)

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PIP report is simply not true! 4 days 2 hours ago #214773

Gordon THANK YOU so much for your advice. I shall look at the links you included, and take it from there. Thank you again for your help. Best wishes.

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