Inaccurate PIP Assessment how to challenge before DWP Decision

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?

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.

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?

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.

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'.

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.

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. 

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.

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