Inaccurate PIP Assessment how to challenge before DWP Decision

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Just received the requested 'face to face' report carried out by a nurse, (SRN) -  the contents are seriously inaccurate, do not cover my disabling conditions and how they effect everyday coping etc. with medical evidence disregarded and not even looked at in the assessment. I feel as though the report is discussing someone else. Is there somewhere I can contest this please? Not received a decision from the DWP but it is totally impossible for them to reach an accurate decision on the contents of this report. Any help much appreciated, one statement said, that a as I attend hospital regularly I can engage with people! There are reports of an examination I never had at the assessment etc. etc. 

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14 Replies

  • Posted

    Hi Collie,

    The DWP decision maker/case manager relies heavily on the report, this makes it very difficult to challenge this before a decision is made. All complaints must go to the assessment providers and not DWP regarding that report. You're not the first person to have had lies told in that report. You can ring DWP and ask for a decision maker/case manager to ring you and you can tell them the lies that's been stated in the report but in all honesty at this point that will most likely not help you. You really do have to wait for the decision and then ask for the Mandatory Reconsideration, this will be your chance to start the process of the appeal off.

    How many points have you scored in the report? There's 2 parts, daily living and mobility. There will be boxes with dots at the start of the report, you have to look at the PIP descriptors online to match them up and see what you scored, if anything.

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    • Posted

      One question, you said the evidence wasn't even looked at during the assessment? Did you send evidence to support your claim with the form, or just take it to the assessment with you?

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    • Posted

      Thank you so much Denise, it appears that the nurse has 'removed all my points' at this assessment, all the boxes ticked that reckon I can manage everything now for some reason, worst to me is reports on the physical strength from an examination that was not carried out? So i think it has gone down to zero even though I am worse and medical evidence proves this fact.

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    • Posted

      No problem. I'm sorry to hear this. Is this a PIP review, or did you report a change of circumstances because your condition has got worse? Either way, what award did you have before?

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    • Posted

      Is there no way we can contest this prior to having to wait to put in a Mandatory Reconsideration, as once this is done the DWP totally refuse to speak to you? No way to postpone the decision until these inaccuracies are rectified?
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    • Posted

      Unfortunately not, that's exactly what the appeal process is there for and this starts with the Mandatory Reconsideration after the decision is made.

      As you don't have any points at all it's very highly likely that you won't be awarded anything. If you had scored something like 6/7 points in daily living then sometimes but rarely the Decision Maker will see something in the report and the points that wasn't scored and award those extra points. As you've score zero there's not much chance of that happening.

      With MR's there's only a 20% chance of the decision changing, as they mostly stay the same. The likelyhood of you having to take it to Tribunal is very high, i'm afraid. It's a long process but don't give up 70% of those who appear at their Tribunal have a decision in their favour.

      Do you claim any means tested benefits like ESA or housing benefit? Do you have a partner or live alone. This PIP decision could affect any other benefits you are claiming.

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    • Posted

      Yes sent it in but nurse said they may not look at it either. Sent it in immediately.as nurse refused to look at it, complaining about how long it had taken her to read through my case 'last night'.

       

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    • Posted

      In Support group contributory ESA, as worked for over 30 years full time until could not manage but paid full stamp for over 40 years. Live with working spouse. DWP said they had not received the further evidence?
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    • Posted

      I always advice people to send the evidence with the form because this way it will be sent to the assessment providers in your file at the same time the form is sent. Sending it afterwards means that it may not be used because the assessment providers will use the evidence ( or should) as well as the assessment to write the report. Even taking it to the assessment sometimes the HCP will not accept it from you.  DWP decision maker will solely rely on that report alone.

      As i said you can make a complaint to the assessment providers, there will be info on their website on how to do this. Don't expect any reply from it though because they rarely do anything but if people continue to complain then they may do something about the lies that are told, at some point in the future.

      You need to wait for that decision for the MR request, which needs to be put in writing stating what you disagree with and where you think you should have scored those points and why. Send any extra evidence you have with the letter. You will have 28 days from the date of the decision to request the MR.

      As you're claiming Contribution Based ESA and have a partner that works then the PIP decision won't affect any of your ESA money.

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    • Posted

      Thank you, will wait for written decision, as you suggest. I did send lots of evidence with the assessment - claim 'book' that I had to fill in but more medical evidence was provided and this was what I had at the face to face assessment but she refused to look at it, so I sent it to the DWP who assured me no decision would be concluded until it was received. Then they said they had not received it, so a decision had been made but they would not discus this. Then I telephoned back and they did have the latter evidence, it has honestly got me in a turmoil, it never ends and the DWP don't seem to be accountable to anyone, they don't abide by the rules or law but claimants don't seem to be able to challenge them. Thank you so much. 

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    • Posted

      You're welcome. There's a huge difference in what the DWP say they will do and what they actually do. As i said it's never a great idea to take extra or send extra evidence because they will probably not use it. Even more so if it's sent to DWP and not to the assessment providers because the decision maker goes with what's stated in that report.

      It will be a long road for you, but never ever give up for what you're entitled to. Get some help if you have to from your local CAB or even Age UK. Good luck and if you need further advice please just ask, i'm usually here somewhere.

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  • Posted

    Hi Collie Dog, just to confirm what Denise has said, challenging the accuracy of the assessment is unlikely to make a difference, I did this, as the report like yours was completely wrong- parts seemed to be written about another person entirely- and it made no difference. Sadly you just need to plod through the entire MR then appeals process. Only comfort is, once you reach a tribunal they are far fairer, actually ask sensible questions, listen to what you say and treat you with respect.
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    • Posted

      Hi Newbury,

      Long time no see, hope you're well? That's very true about the Tribunal. They are totally independent from DWP and the assessors and very few people have a bad Tribunal. Yes, you do hear about the bad stories, sometimes but it's rare. Best chance of success, as you know is to appear in person.

      Nice to see you posting, it's been a while. Take care! x

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