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PIP Review
- Meakhin
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7 years 4 months ago #204758 by Meakhin
PIP Review was created by Meakhin
I was awarded awarded 8 points for Daily living in 2014 standard rate for 4 years which has recently been reassessed At the assessment on 3 January Atos paid for taxi as they accepted I am vulnerable person, having visited A and E due to suicidal thoughts ( which I have a history ). A friend who helps to care for me came with me but remained in reception. To my surprise the assessor said he did not see there being a problem with awarded being continued. I presented a supporting letter from my friend who accompanied me stating he visits me 6 days a week a week and encourages me to dress/undress, bathing/washing and prompting me to eat and prepare meals, take my meds and help with budgeting. He also said I am distracted while holding sharp knives, often leave taps running and doors unlocked, and I am unaware of sudden changes in mood ( I had an episode of mania last month ).
I requested a copy of the assessment on 7 Jan report which WPD received on 4 Jan but his has still not been received despite written request and telephone call.
I received a decision on Tues dated 9 Jan awarding me 0 points. The DM has 'changed the descriptors previously chosen based on the medical evidence received'. This recent evidence is apparently 'the best we have available'. This is despite Atos receiving GP evidence on 11 Jan ( I moved home last March so have new GP). Atos are refusing to send this on to WPD and have advised me to inform DM as there may need to be reassessment ! Original decision made using medical for ESA in 2014.
The decision letter says my needs may vary , the DM has had to arrive at decision based on help I need most days. I explained to assessor I have only had worse days for some time now. It is also stated I said I can manage dressing and bathing although I did say I need prompting and then it still takes me a very long time to do these things.
The DM has said at consultation I interacted well and, showed no problems with memory or cognition and confirmed I have not drank alcohol for 9 months, and taking below standard medication for mood. Therefore it is not accepted I have difficulty with preparing food, taking nutrition, manage medication or therapy or making complex budgeting decisions. There is no recognition also of tiredness caused by meds.
I have had many relapses due to alcohol and my GP is asking me to be seen before February to see Consultant Psychiatrist due to mental health problems that include, Anxiety, Bipolar, psychosis and Borderline Personality disorder. I have been prescribed sleeping tablets since Christmas.
Obviously I am unable to argue against an assessment report I have not seen and remain confused at this difficult time. Apologies for long post.
I requested a copy of the assessment on 7 Jan report which WPD received on 4 Jan but his has still not been received despite written request and telephone call.
I received a decision on Tues dated 9 Jan awarding me 0 points. The DM has 'changed the descriptors previously chosen based on the medical evidence received'. This recent evidence is apparently 'the best we have available'. This is despite Atos receiving GP evidence on 11 Jan ( I moved home last March so have new GP). Atos are refusing to send this on to WPD and have advised me to inform DM as there may need to be reassessment ! Original decision made using medical for ESA in 2014.
The decision letter says my needs may vary , the DM has had to arrive at decision based on help I need most days. I explained to assessor I have only had worse days for some time now. It is also stated I said I can manage dressing and bathing although I did say I need prompting and then it still takes me a very long time to do these things.
The DM has said at consultation I interacted well and, showed no problems with memory or cognition and confirmed I have not drank alcohol for 9 months, and taking below standard medication for mood. Therefore it is not accepted I have difficulty with preparing food, taking nutrition, manage medication or therapy or making complex budgeting decisions. There is no recognition also of tiredness caused by meds.
I have had many relapses due to alcohol and my GP is asking me to be seen before February to see Consultant Psychiatrist due to mental health problems that include, Anxiety, Bipolar, psychosis and Borderline Personality disorder. I have been prescribed sleeping tablets since Christmas.
Obviously I am unable to argue against an assessment report I have not seen and remain confused at this difficult time. Apologies for long post.
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- Gordon
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7 years 4 months ago - 7 years 4 months ago #204772 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Review
moraveen
If as Decision has been made then your only way forward is to request a Mandatory Reconsideration.
The assessment report can easily take 10-14 days to arrive, but it won;t hurt for you to chase it with the DWP.
Although the report is important, an award will only be made by your showing that you meet the criteria for one. The DM's comments suggest that you failed to do this, this doesn't mean that you cannot score but you need to go back to your claim form and look at your answers in conjunction with our PIP Claim guide to make sure that you have addressed the legally defined criteria.
Remember you need to be able to complete an activity "reliably" and "on the majority of days" not to score.
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
Gordon
If as Decision has been made then your only way forward is to request a Mandatory Reconsideration.
The assessment report can easily take 10-14 days to arrive, but it won;t hurt for you to chase it with the DWP.
Although the report is important, an award will only be made by your showing that you meet the criteria for one. The DM's comments suggest that you failed to do this, this doesn't mean that you cannot score but you need to go back to your claim form and look at your answers in conjunction with our PIP Claim guide to make sure that you have addressed the legally defined criteria.
Remember you need to be able to complete an activity "reliably" and "on the majority of days" not to score.
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
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 4 months ago by Gordon.
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- Meakhin
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7 years 4 months ago #204958 by Meakhin
Replied by Meakhin on topic PIP Review
Gordon,
Thanks for your advise. WPD have today informed me that the assessment report has not been sent as my claim is still with the case worker despite receiving the decision last week. I reminded them that my request was made on the 7 Jan which I also put in writing. I asked to speak to his supervisor which he refused to do. I stated that I was recording the call and would formally request a Mandatory Reconsideration which I would put in writing and not verbally.
I have started to use your guides which are very helpful- I can see that despite my health problems being complex I need to show clearly how they effect my daily life as they do vary to some degree in relation to the criteria.
Thanks again,
Moraveen
Thanks for your advise. WPD have today informed me that the assessment report has not been sent as my claim is still with the case worker despite receiving the decision last week. I reminded them that my request was made on the 7 Jan which I also put in writing. I asked to speak to his supervisor which he refused to do. I stated that I was recording the call and would formally request a Mandatory Reconsideration which I would put in writing and not verbally.
I have started to use your guides which are very helpful- I can see that despite my health problems being complex I need to show clearly how they effect my daily life as they do vary to some degree in relation to the criteria.
Thanks again,
Moraveen
The following user(s) said Thank You: Gordon
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