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Zero points at PIP renewal

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6 years 2 months ago #225734 by BIS
Replied by BIS on topic Zero points at PIP renewal
Antony,
The only time I have heard of someone successfully arguing that the assessor was not qualified to assess the mental health of a patient, was at the mandatory consideration stage where the claimant had a letter from a consultant psychiatrist who knew the claimant and had intimate knowledge of their condition and was able to say that the assessment of the condition is something that could only be assessed by a qualified psychiatrist and it would never be covered in any nursing or general training. I think it is only if you can get a well-written letter detailing why it is not appropriate for anyone to assess you that you would have success with that. Not sure there are many consultants in many fields who would be prepared to write that sort of letter.
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6 years 2 months ago #225746 by Gordon
Replied by Gordon on topic Zero points at PIP renewal

Antony wrote: Do you mean send a late MR i.e. after deadline? Or, send an MR and say they should await further evidence?


You can actually do either of these, if you say that you will provide additional evidence then you should be given four weeks from the date on your MR request but in practice, you will have no more than three weeks as the time includes postage..

Gordon
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6 years 2 months ago #225776 by antmack
Replied by antmack on topic Zero points at PIP renewal

Gordon wrote:

Antony wrote: Do you mean send a late MR i.e. after deadline? Or, send an MR and say they should await further evidence?


You can actually do either of these, if you say that you will provide additional evidence then you should be given four weeks from the date on your MR request but in practice, you will have no more than three weeks as the time includes postage..

Gordon


I've requested some evidence used by the DWP in their decision and they said it should take 7-10 days to arrive. (I didn’t ask if that included non-working days). So, realistically I’ll only have around 1 week to make my case and for it to arrive at the DWP, which I feel won’t be enough time. My decision letter was dated 24th Jan, so if I’m right in thinking, it has to arrive by the 23rd Feb? The 1-month deadline is a vague description, what does it mean? If my letter was dated 1st Feb, does that mean it’d have to arrive by the 1st March, giving only 28 days?

Do you recommend that I call the DWP just before the deadline and tell them I'd be sending the CRM1 form, further evidence, etc? I understand you have a further 28 days for this to arrive at the DWP. Or, send the MR after the deadline and cite that I was awaiting evidence from the DWP and Further Medical Evidence which wouldn't have arrived in time/left little time to form my MR? The latter seems risky as I suppose it'd be up to their discretion as to whether they'd accept my reasons for lateness.

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6 years 2 months ago #225777 by antmack
Replied by antmack on topic Zero points at PIP renewal

BIS wrote: Antony,
The only time I have heard of someone successfully arguing that the assessor was not qualified to assess the mental health of a patient, was at the mandatory consideration stage where the claimant had a letter from a consultant psychiatrist who knew the claimant and had intimate knowledge of their condition and was able to say that the assessment of the condition is something that could only be assessed by a qualified psychiatrist and it would never be covered in any nursing or general training. I think it is only if you can get a well-written letter detailing why it is not appropriate for anyone to assess you that you would have success with that. Not sure there are many consultants in many fields who would be prepared to write that sort of letter.


You're quite right that only someone who is medically qualified to assess people with such conditions have the clout to challenge a health professionals assessment of you at a PIP medical. I'm going to ask my neuropsychologist for a letter, but hopefully the points raised in the HP report will be rebuked and there'll be no need for that argument.

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6 years 2 months ago - 6 years 2 months ago #225796 by Gordon
Replied by Gordon on topic Zero points at PIP renewal

Antony wrote: I've requested some evidence used by the DWP in their decision and they said it should take 7-10 days to arrive. (I didn’t ask if that included non-working days). So, realistically I’ll only have around 1 week to make my case and for it to arrive at the DWP, which I feel won’t be enough time. My decision letter was dated 24th Jan, so if I’m right in thinking, it has to arrive by the 23rd Feb? The 1-month deadline is a vague description, what does it mean? If my letter was dated 1st Feb, does that mean it’d have to arrive by the 1st March, giving only 28 days?

Do you recommend that I call the DWP just before the deadline and tell them I'd be sending the CRM1 form, further evidence, etc? I understand you have a further 28 days for this to arrive at the DWP. Or, send the MR after the deadline and cite that I was awaiting evidence from the DWP and Further Medical Evidence which wouldn't have arrived in time/left little time to form my MR? The latter seems risky as I suppose it'd be up to their discretion as to whether they'd accept my reasons for lateness.


A month is a calendar month, so 7/2/19 to 6/3/19.

I would wait to see when the assessment report arrives and then make your decision, it may be quicker than the 7-10 days quoted it could also be a lot longer.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 2 months ago by Gordon.

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6 years 2 months ago #226847 by Waylay
Replied by Waylay on topic Zero points at PIP renewal
They do this a lot - happened to me last year. It's awful, unfair, traumatic, humiliating... Remember though, it's not you, it's them. Mental health conditions and other invisible disabilities are easy to dismiss, and we're more likely to be to ill to challenge them on it. They make the process as stressful, unfair, complicated and maddening as possible, and a lot of people give up because it's so bad for their health. (The DWP don't bother to keep track of what happens to them, either.)

MRs go the claimant's way ~18% of the time, so be prepared for that. The step after MR is the Tribunal, tho, which isn't part of DWP. Claimants win at tribunal ~%70% of the time, tho.

I got mine back, along with 3.5k backdated, and 5.5k backdated SDP. :) Lots of us here have done it, and we totally understand.

Be angry. Be furious at these people who treat us like nothing.

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