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TOPIC: shambles of a PIP ATOS assessment and decision

shambles of a PIP ATOS assessment and decision 1 week 2 days ago #221018

Rog

The letters fine as far as it goes but you are leaving it to the DM to work out why the Decision is wrong, the problem is that they tend to lack imagination and you risk them simply rubber-stamping the original Decision, if this is your strategy so that you can continue on to appeal as quickly as possible but if you are hoping to get it revised at MR then I think you need to direct their attention to where you see the problems are.

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

shambles of a PIP ATOS assessment and decision 1 week 2 days ago #221019

Orangeblossom wrote: Could this poor man possibly qualify under the terminal illness rules if his HIV consultant filled in a form, do a new claim perhaps?


Thank you - my pal has had 'lifetime' DLA since 1992 and had an ILF package until S/S D/Payments took over for his care package.

he was along with everybody, reviewed for DLA in 1998 and then claimed the DLA under DS1500 special rules as he now had an AIDS diagnosis.
reviewed again 2008 and no change - DWP happy.
Reviewed now in 2018 for PIP and he has lost mobility and now on basic daily living only until 2020 - Thus DWP assumes he is going to get better. (wrong)

Thanks to the advances in the late 1990's of the HIV antiretroviral meds (but taken with difficulties and have some serious side effects to live with) he has survived and his HIV is as such fairly stable-ish on paper - But of course that is not the BIG picture...He has MANY other HIV related and non HIV progression illnesses and conditions which are added to almost monthly.

It could be difficult now to ask his Consultant for a DS1500 although his latest atrial fibrillation investigations have yet to commence - we now know that long term HIV and HIV ARV drug use can lead to stroke heart attack and kidney/liver failure for some patients.
But it is a thought we may go down if the Dr suggests a DS1500 again.

Best Rog,

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shambles of a PIP ATOS assessment and decision 1 week 2 days ago #221020

Gordon wrote: Rog

The letters fine as far as it goes but you are leaving it to the DM to work out why the Decision is wrong, the problem is that they tend to lack imagination and you risk them simply rubber-stamping the original Decision, if this is your strategy so that you can continue on to appeal as quickly as possible but if you are hoping to get it revised at MR then I think you need to direct their attention to where you see the problems are.

Gordon


Indeed and thanks,
We do fully intend here now at the MR stage to fully challenge the points (or lack of them) awarded in our clear responses to their report which we will send in with the MR request letter and remonstrate constructively with them to see where their errors of judgement lie...

I trust that fills in the gap for you - regards Rog
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shambles of a PIP ATOS assessment and decision 1 week 14 hours ago #221051

Were having similar issues regards results of the F2F. When we requested the PA4 report via a phone call we got it back within 3 days! so hopefully you wont have to wait long.

Good luck with your MR

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shambles of a PIP ATOS assessment and decision 4 days 14 hours ago #221257

MR being submitted next week along with an amazing and earth shattering supporting letter from his HIV consultant and GP
(even if the MR does not succeed then these letters for a Tribunal will hold substantial weight)

also sending in to the MR our challenge to the Atos report and low points scored together with using the B&W self PIP test versus the report and expanding the answers relevant to my friends situation and the correct points that cleary should have been awarded

Reading the PIP self test results along with his latest Consultant's letter and only a fool could possibly argue...
BUT of course we do know who and what we are now dealing with...

However fingers crossed as the documents we have are VERY strong.

The PA4 report has not arrived as yet
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shambles of a PIP ATOS assessment and decision 4 days 9 hours ago #221327

Hello. Sorry to hear about your friend's circumstances.
Be sure that the DWP know that you do not want the MR to begin until you have sent in your submission with your further evidence. Some MR decisions can be done within 12 days, so they could make a decision before you've even sent in your added evidence and submission.
I put it in writing that I didn't want them to begin the MR until I had sent them my further evidence. Nevertheless, an MR decision was made the day before I sent in my evidence (denying my claim). But, because I specifically asked them, in writing, to await my submission, I was able to get the original MR decision put aside. In the end, my MR was successful.
I don't trigger an MR until I've received the report and I've got most of my information together. You have 4 weeks (30 days?)to request one. Sometimes, the DWP can be flexible with MR's-if you're lucky.
Best of luck.
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