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Evidence for PIP appeals

MatildaMatilda Posts: 2,616Member Disability Gamechanger
edited November 2016 in PIP, DLA and AA
I have just been awarded standard rate both daily needs and getting around and have applied for mandatory reconsideration.  My grounds are 1) that the Atos Assessor stated in her report that because I can turn a power steering wheel then it follows that I must be able to prepare food, cut it up and eat it, wash and bathe, and dress/undress all within a reasonable time period; and 2) that because I was able to walk 16 metres on a flat carpeted surface in the Atos Assessment Centre then it follows that I must also be able to walk more than 20 metres but less than 50 outside using uneven pavements and kerbs.

My challenge to 1) is that far more complex hand and body movements are required to undertake the various tasks than are required to turn a power steering wheel. Therefore, Atos/DWP have not applied the reliability criterion of being to complete tasks within a reasonable time.  I have stated that on bad days I cannot chop and peel vegetables at all and that it takes me more than twice the time it would take a non-disabled person to complete the other tasks.  However, there is only my evidence of this.

2)  That the DWP's own Handbook states that walking ability should be assessed outside using pavements and kerbs.

If the mandatory reconsideration decision maker, or the tribunal if it gets that far, accept that Atos's assessment procedures were faulty, could I be asked to undergo a new assessment?





Replies

  • Susan_1612Susan_1612 Posts: 6Member
    Hi Matilda. I've got the same problem with my hubby. My understanding is that you won't be asked to go through a new consultation but your request for a mandatory reconsideration needs to be as detailed as possible, explaining exactly how the assessor's decision is wrong. I know it's a pain but it is necessary. The Benefits and Work guide to PIP has a section about this and some really useful information about how to write the form to begin with.
  • MatildaMatilda Posts: 2,616Member Disability Gamechanger
    Thanks, Susan.  I have sent in a very detailed request for mandatory consideration explaining why the assessor's assessment is at fault.  DWP can't argue that I should have been assessed walking outdoors, not indoors, as their own handbook states that this how walking should be assessed.  Assessment of daily needs is less clear cut.  Assessor has claimed that, because I can turn a power steering wheel, then I must be able to complete daily living activities in a reasonable time period.  I have argued that this is an illogical inference.

    I don't know what will happen if the DWP do accept my rebuttals of the assessor's preposterous inferences.  Apparently, few decisions are overturned at mandatory reconsideration stage.  Have to wait and see.
  • Susan_1612Susan_1612 Posts: 6Member
    The key phrase is "safely, reliably, in a reasonable time frame AND on the majority of days in the year". If you have bad days, describe in detail what that actually means in terms of your disability. For example, "on a bad day, I can't even get the screw top off a jar." Remember too that its about the help you NEED. It doesn't matter whether you actually get that help. And the answer to ANY assassin's question is "yes, but...." and then describe what you CAN'T do. Hope that helps
  • MatildaMatilda Posts: 2,616Member Disability Gamechanger
    edited November 2016
    Thanks, Susan.

    The DWP have based their decision exclusively on the assessor's report, no account having been taken of my 'How your disability affects you' form or my diary!  I think this is the case with all decisions.  Assessors are supposed to be 'health professionals' but I gather that most have only rudimentary medical knowledge.  My assessor was described as a 'paramedic', so with not much more knowledge than first aid.  Yet, the DWP treat the opinions of these 'professionals' as infallible.  No wonder 68% of appeals are successful.
  • MawgwrMawgwr Posts: 5Member
    Hi, I've had the same problems. But I was still rejected. I am in the process of going through the upper tribunal, on a point of law (actually 2) & I hope to hear in a few days if I've been successful or not. You still have a couple of points yet, so, don't worry. It is more stressful, the further you push it. I have found / heard that the more you push it, the more serious you are in your intentions, towards getting what is your entitlement. Don't give up & you will win, eventually! Just let us know the outcome, please! & thank you. 

    Regards. . . .
  • MatildaMatilda Posts: 2,616Member Disability Gamechanger
    Thank you, Mawgwr.  I will certainly take my appeal as far as I can and post the outcome of each stage on here.  I hope that your outcome is a successful one.  It is encouraging that 68% of appeals are successful.
  • Liz_Green72Liz_Green72 Posts: 8Member
    Apparently a STOOL is going to prepare food , lift pans of boiling water, wash dishes, carry cups and meals to another room for me.  :D

    And because of this wonderful invention the higher rate was denied .
    It's a joke !  >:)

    >:)  Ubiquitously Unique & Anything but Ordinary  o:)
  • MatildaMatilda Posts: 2,616Member Disability Gamechanger
    Yes, Liz, it would be funny if it were not so serious.  I was awarded lower rate because the assessor said that I could complete tasks in a reasonable time using aids.  I am appealing because I say that I cannot complete tasks in a reasonable time even using aids.  Have you appealed?
  • Liz_Green72Liz_Green72 Posts: 8Member
    Yes.
    They believed the Assesor's Report  :'(
    >:)  Ubiquitously Unique & Anything but Ordinary  o:)
  • LlinosLlinos Posts: 5Member Listener
    Hi Im new,the assesor came to our home,I have lots if disabilities the katest is having 2 tumourscremoved plus top lobe of my lung Im out of breath,and need the wheelchair when going outside.I was listing all my dissabilities when she looked at her watch said she was only allowed 45mins and she needed to go to her next assesment,shed been here over an hour,I dont think its enough time to explain everything,Ive complained about the Capita too.
  • madmags66madmags66 Posts: 4Member
    Have you all had a copy of the assessors full report?  When I got mine I found it was the DWP who had changed both my answers on the original claim form and the assessors answers on her report.  I complained to DWP but have had no reply so have now taken it to ICE for them to investigate.
  • suzyc64suzyc64 Posts: 3Member Listener
    I got my last ESA assessment taped,the report was very thin compared to all my others, I found she had copied a couple of paragraphs from my very first report,! I wrote a formal complaint about her and in the reply it said this "nurse" was distraught at my complaint. Bloody tough titty love,you get paid to lie about sick and disabled people, and YOUR distraught when they fight back. Its a joke.
  • MatildaMatilda Posts: 2,616Member Disability Gamechanger
    The assessor lied in her report about me.  I have pointed this out in my mandatory consideration request.   
  • WaterLilyWaterLily Posts: 55Member Courageous
    I can't give you anything in the way of advice I'm afraid. I handed back my car last week also, so I sympathise with you totally. 
    I,too,was on indefinite (high rate) DLA and was awarded standard rate on PIP for the mobility component. 
    I am currently waiting on a Mandatory Reconsideration, but I don't hold out much hope based on what experiences others have had. 
    I hope someone can come along and give you some advice. 
    Good luck with it all. 
  • MatildaMatilda Posts: 2,616Member Disability Gamechanger
    @Tm4rw, I suggest that you post your question in the 'Ask a benefits advisor' category where an expert would be able to give you advice.
  • Chris_ScopeChris_Scope Posts: 695Member Pioneering
    Thanks @Matilda, I've moved tm4rw's post to the benefits advice section.
  • Tm4rwTm4rw Posts: 5Member Listener
    Where will I find that @Chris_Scope
  • Chris_ScopeChris_Scope Posts: 695Member Pioneering
    Hi @Tm4rw, apologies - you can find it here, and if you need any help finding your way around generally, a good place to start is the categories page.
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