Help - PIP mandatory reconsideration
Posted , 9 users are following.
I am beyond devastated and don’t know what on earth has happened. Today I received the assessors report from my F2F, he has scored me nil in both sections??? He has written things that weren’t even discussed and on every part has said that I confirmed I was able to carry out this descriptor with no difficulties, I didn’t. He put that I enjoy taking my dog for walks, I haven’t been out with my dog in months, my son walks him. He said I can monitor my own medication, my son controls my medication as I forget to take it otherwise, he said I take diazepam once a week, I take it every day.
It took so much energy for me to apply for Pip and now I feel So angry that one person can be so write a report that literally does not relate to my assessment at all.
How do I appeal this as I don’t know how to make them believe me, can I ask for another assessor to meet me??
0 likes, 38 replies
denise15811 Frinsey
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I'm getting really confused because i see you've posted the same thing across multiple threads. I replied on one of your other threads, which is here. Please try to keep to the same one because it just gets really confusing when trying to advice. I get confused very easily.
I'm sorry to hear this. As i adviced you when you first posted here that the evidence you sent really wasnt enough unfortunately. You'll need a lot more. Letters from someone that knows you well. A diary written by yourself. Do you see anyone else other than your GP? A social worker perhaps?
You do of course have to wait for the decision letter but your next step is to ask for a Mandatory Reconsideration (MR) once that decision letter arrives you then have 1 month from that decision date to request the MR. You'll need to put it in writing and send any extra evidence you have. Only 20% of MRs are successful so you'll most likely have to take it to Tribunal. Appearing in person at your hearing will give you a 70% chance of a decision in your favour. It's a very long process but fight for was your entitled to. Good luck.
As Alexandria stated you won't be able to have another assessment. If you start your claim again then the likelyhood of being refused is extremely high. I would strongly advice you to ask for the MR followed by Tribunal is MR is not successful.
denise15811 Frinsey
Posted
What you need to do is look the PIP descriptors again and read them because there's more to PIP than taking medication and who gives it to you. There's points to be scored in 10 different activities for daily living alone and 2 for the mobility part. It seems to me that you don't fully understand what it's all about. I know the assessor lied and that's bad but it happens a lot. You need to get more evidence to prove those descriptors apply to you. Have you done the PIP self test? If you google PIP self test you can complete it online. It's just a guide BUT it will at least give you some understanding of what it's all about. Understanding it is a start.
Frinsey denise15811
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denise15811 Frinsey
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Yes send that diary for sure! Assessors really make me so mad because a lot are refusing to take extra evidence during the assessment, it happened with my daughter and he totally refused. Advised me to send it to DWP. Luckily i'd already sent in a massive amount but this was extra that i'd had sent to me from various Consultants.
Yes a letter from your son will also help. It doesn't matter that he's your son. Please ask him to put down everything that he helps you with or does for you. Remember for PIP if you can't some some regular, reliably in a timely manner then you're classed as not being able to do it at all.
Any other evidence you can think of, just send it. Doesn't matter where or who it's from. You said you've suffered with this condition for over 10 years. Does your GP have anything AT ALL in your medical records that you can use? Even if it's years old, use it and those letters and diary will back it up. Please be aware that a GP may charge for any medical records you ask for.
Frinsey denise15811
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Frinsey
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denise15811 Frinsey
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No problem. Sadly they do lie on these reports. It doesn't mean to say they lie on every report. I can honestly say i've never had a bad report.
Only thing you can so is appeal and that starts with the MR first. You can start to write that letter but you have to wait for the decision letter before you request the MR. There's also no timescales for those MRs, they can infact take as long as they want. If you get as far as Tribunal then waiting times depend on backlog in your area which is extremely long in most areas, so i'm told. Some are waiting 40+ weeks.
Disability advice centres are there to help you too. Good luck.
Frinsey
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Am still ill waiting for decision letter however I have a letter from my son who has indicated the descriptors he feels are relevant, the points he feels I should have been awarded and given a description as to why he thinks this and how he supports/cares for me in that area. Have also got a letter from my neighbor and a work colleague. I only work part time and can only do this because of how amazing my colleagues and bosses are at understanding my conditions. I do think this went against me as Assessor wrote on every descriptor that I was able to work, he didn’t mention that I do a lot of hours from home and that I take a lot of time off, had a 3 week period off in Feb due to my Anxiety but he forgot to mention that.
denise15811 Frinsey
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Yes, it's true.
People do work and claim PIP but you have to be careful because if the work you do contradicts the reasons why you're claiming PIP, then sadly it will go against you. I've heard it happen so many times.
Frinsey denise15811
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The only evidence they will accept in order to consider changing an award is extra evidence from a professional eg GP/councilor etc regarding the nature of how my illnesses effect my abilities in each descriptor. My GP has already sent 2 letters and I don’t have input from any other professionals.
i feel I have lost before I’ve begun......
AlexandriaGizmo Frinsey
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Hi Frinsy I do feel for you but I have come across this before and sadly they were unable to achieve a result even at tribunal, I know that giving a diary and letters from friend's carers etc is often given as evidence but I have said all along this has to be backed up with medical evidence as well, your GPs reports are not always enough either, I'm sure others will say they are but obviously DWP are saying this to, do you not see anyone else or have you not seem anyone else in the last three years to coroberate you diagnosis
denise15811 Frinsey
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No problem, it's fine. I have no problems advicing anyone.
To start with the words i would love to say about that case manager would not be accepted here on the forum, so for that part i'll leave it up to your imagination.
That's the most ridiculous thing i've ever heard anyone ever say to someone. Why wouldn't all that extra evidence be any good? I've heard of plenty of people send in exactly that sort of evidence and been awarded.
It may not help you with the MR process BUT there's absolutely no reasons at all why it wouldn't help you with the Tribunal. As long as all the evidence clearly points the the descriptors that apply to you then it's fine. This is what they need. The diary is excellent evidence along side the letters you have from your GP.
You need to remember that only 20% of MR's are successful. That's extremely low. What mostly happens with the MR is they put the same wording they did with the first decision and i've heard mutliple times that it's often word for word as well. The likelyhood of succeeding at this stage is very slim, especially as you weren't given any points at all. Expect that decision not to change, i'm sorry to tell you.
The most import part for you will be the Tribunal and this is really what you need to concentrate on. Appearing in person is your BEST chance.
I'd advice you to request that MR in writing and don't delay the process. Send it of with a little extra evidence you have. Delaying the process will only make the whole thing even longer and Tribunal waiting times are huge right across the country. Some are waiting 1 year.
Don't give up because if you do then you've let them win. I wish you good luck and if you need any further advice along the way, just shout because i'll be here. x
denise15811 AlexandriaGizmo
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Hi Alexandria,
I know you keep saying this but PIP really isn't about a diagnosis. It's all about how those conditions affect you daily and nothing else. A letter of diagnosis won't help anyone. The evidence that's needed is what will prove those descriptors apply to you. Letters from GPs often carry a lot of weight, especially when backed up by a diary and letters from those that help a lot in a persons daily care needs.
The problem a lot of people have is that they often don't see any medical professionals other than a GP.
AlexandriaGizmo denise15811
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Hi Denise, I haven't once said that it is just about the diagnosis, I know it's not but I have to say that you do need a diagnosis or any one could apply for PIP with absolutely no medical reports to back it up, or my Dr says I probably have rheumatoid arthritis and I feel like I have, I could write all the symptoms and give a diary and letters of family friends etc and I would then get PIP is that correct, when I was told to apply for it by my physio, OT and my consultants they all said I should get it with all my written evidence, I have just been on the CAB site and they say you should have medical evidence to back it up or are they not giving the right advice, this is just to clarify it for me
AlexandriaGizmo
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https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/your-supporting-evidence/
denise15811 AlexandriaGizmo
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You do keep saying its about a diagnosis, i'm sorry but it has nothing to do with a diagnosis. As i have said many many times you do not need a diagnosis of anything to apply for PIP, It's nothing to do with a diagnosis and it never has been. It's purely on how those conditions affect you in daily life.
There's probably thousands of people that never see any medical professional other than their GP. CAB site said you SHOULD have medical evidence, that doesn't mean you HAVE to have medical evidence. Letters from people that support you with your care needs and a written diary about how your conditions affect you everyday is still classed as evidence. Yes, back it up with letters from GP, Consultants, Social workers, Educational Health Care Plans etc etc IF you have these sort of things.
I'm not saying it won't be harder but any evidence is better than nothing. I have heard of people claiming successfully with just letters from people that know them well and a daily diary. I've also heard people have sent in page after page of medical evidence and have been awarded a big fat nothing.
Frinsey denise15811
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Thanks Denise, I totally agree that views on case managers would not be appropriate on this site, as you can imagine my views are probably very similar to yours.
Am sending everything I have in and at least I will know everything will be on record ready for Tribunal as I'm sure that's where it will go as I cant see my going from zero points to 8 in either parts at MR stage. This is a part I've put in my MR letter " It's so frustrating that by putting so many safeguards in place I am now seen as completely independent because I have no additional paperwork from professionals to support my claim. If my son, friends, family and neighbors didn't help me and I was still at the stage of being at my GPs 2-3 times a week, calling ambulances almost every month and being taken to A&E at least twice a month this would be costing the NHS a lot more than £55 a week but at least I'd have more paperwork from professionals. I feel I'm being penalised for having tried to take proactive steps to manage my illnesses with the help and support I need from those around me. "
How do you think that sounds xx
Frinsey AlexandriaGizmo
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denise15811 Frinsey
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I'm going to be completely honest with you here BUT you're completely missing the point with that MR request. You need to stay away and avoid all what you've written above. I know it's extremely difficult thing to do but the case manager isn't going to be interested in any of the above. They really don't care about anything like that because it has no relevance to a PIP award.
What you need to concentrate on is the PIP descriptors and what applies to you and absolutely nothing else. You want that case manager to sit there and read what you've written. The minute they start to read that above they will stop, make their decision and move on to the next one. Yes, to you and many others that may seem a little harsh but it's true.
What you need to do is start again and this time have a copy of the PIP descriptors and the assessment report next to you while you write the letter. Go through each part of the report starting at the first descriptor, see where if at all it applies to you and THEN put the reason why you disagree and state the help/support you have/need and the aids/adaptions you use, if any. Then put the score you think you should have got. Do this all the way through the report and the descriptors.
Same with the evidence for the letters and diary. Your son only needs to put in the letter the help and support he gives you to go about and manage your daily life.
Your aim is to be in the 20% of people that do get the decision changed at MR stage.
One question i'm not sure if i asked you before. If this does get to Tribunal stage is there any other evidence you will be able to get to support your claim? Anything at all that will help you? Are you able to ask your GP for any of your medical records from past years? There maybe a charge for this so be aware. When i've seen my Consultants in the past i've always asked them to CC me into the letter when writing to my GP. The same in the past year for my daughter. What her GP receives, i receive it and her college does too. This way there's always a trail of evidence available.
I hope i've explained it well enough for you but please try and stay focused on those descriptors and nothing more. x
denise15811 Frinsey
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I only just seen this comment from you. I must have been replying to you as you did this.
Yes,proof of a diagnosis will not help you with an award. This is because no 2 people are the same and what might affect one person, may not affect another. Just like the way you described above with the people you know that have the same condition as you.
I know your GP or anyone else doesn't live with you but that doesn't matter. Usually when someone sees a GP/Consultant/ Occupational Therapist etc etc they usually sit down and tell the professional the things that happen in their life.
For example, if a person suffers from a mental condition or they are going through assessments for a disagnosis, to get the diagnosis lots of questions are asked. How their life is, what they feel, the help they receive to cope with everyday life. At the end of that a report is written and sent to your GP, in this report it will state everything that you've told that Consultant.
My daughter has mental health issues, a social anxiety disorder and ASD. I have 5/6 10+ pages of reports that clearly state exactly how she's affected by all of this and everything that she needs help with to get through each day. This is how those professionals know how your condition affects you. It's not about having to live with you to know how you're affected, if you see what i mean.
The letters you have will help but reports/letters from medical professionals will back up the rest of your evidence.
Decisions aren't always based just on assessments. There are genuine HCP's out there and there are the ones that will read through all of the evidence that is sent. There's only one problem, we very rarely read the good stories.
It helps to understand the process and descriptors.
Frinsey denise15811
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denise15811 Frinsey
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You're more than welcome.
That's fantastic. Those letters from CBT and Pyschiatrist are great and recent ones too. Believe me people send in evidence that's so more older than that.
I wish you good luck. Remember there's no timescales scales to MRs. They can take as long as they want. If the decision stays the same and you need more advice on the next stage, just ask.