Posted , 4 users are following.
I've been in receipt of pip since February 2014 ive been registered disabled since 2012 , and had my pip review 3 weeks ago , I've now had everything stopped , I'm confused as my condition has worsened in that time , I mean even if it had stayed the same why would they stop it .. I'm going to have to appeal but I've no idea about any of this .
Just wondering if this has also happened to anyone .thanks
2 likes, 28 replies
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Js1984
Posted
les59996 Js1984
Posted
You see, up until when the decision is made by the DWP the onus is on them to DISPROVE with either opinion or evidence and on the balance of probability what you claim your difficulties are.
The cynic in me believes that the intention is for the assessor to always have a bias towards the not giving of points. This then makes it easy for the DWP to refuse an award.
Then when we move to a MR and an appeal Tribunal, it is for the claimant to PROVE their claim.
If this is actually the case then the independence of the assessor, disregarding what the DWP say that they are, is actually flawed.
With these reports that I hear about from claimants you are stuffed before you start. For the MR and the appeal not only have you got to disprove what the assessor's opinion is with evidence but also prove where you should pick up points.
This then leads me to think that the more ridiculous you allow the assessor to give opinion on the better it is for the claimant.
eg 68 year old with medically proven conditions that would suggest that there will be some level of disability.
Tell the assessor that you still play rugby, tell them that you are a dog walker and twice a day walk 9 dogs on a 5 mile circuit, that you spend considerable time abroad on a regular basis throughout the year as you enter water skiing competions etc etc.
By the time you have finished their report would be so unbelievable that it must be wrong.
GeorgiaS les59996
Posted
Js1984 les59996
Posted
les59996 GeorgiaS
Posted
The far fetched answers that the claimant gives would make the report look ridiculous.
A 68 year old disabled guy who after filling out the PIP2 giving a completely true account complete with relevant evidence of the affects of those disabilities goes on to tell the assessor that he actually still plays rugby is an active sportsman and manages to walk 10 miles a day with no problem. Given those facts do you think the DWP would actually believe the assessors opinion that the claimant actually made those statements over what is on the PIP2 form? Nothing is recorded so use that fact against them.
GeorgiaS les59996
Posted
les59996 GeorgiaS
Posted
So what is the difference between having a completely fabricated report being prepared and accepted by the DWP or a far fetched report as told by the claimant and accepted by the DWP?
The only difference is that if the far fetched report was so outlandish and unbelievable what would the DWP do? Accept it? Or question it?
Even if the DWP by chance did accept it, I am pretty certain that a Tribunal would take one look at the report, look at the claimant, look at the claimant's evidence and look at the report again and probably laugh - muttering, "no way - this can't be for real!" - thereby destroying the credibility of the DWP and the assessors opinion.