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PIP mandatory reconsideration

rainbow58rainbow58 Posts: 79Member Whisperer
the assessor told so many lies/assumptions/false interpretations and the DWP said the same in MR.is there anywhere i can complain about this ?

Replies

  • loopytloopyt Posts: 72Member Whisperer
    Lots of people suffered the same, myself included. I have tried to complain to Capita who said I must contact DWP and I was told the only way to complain is via an appeal. 
  • rainbow58rainbow58 Posts: 79Member Whisperer
    I called th eDWP to compalin abotu the asessor =they said go back to IAS-,my problem is i wnat to complain about the DWP MR decision -a sit copied the same lies told by the asessor,am at tribunal stage -btu wnat to m,ake a complaint.to DWP abotut The DWP decsion maker
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    I hope this helps

    For DWP
    https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

    for Capita
    https://www.chdauk.co.uk/contact-us

    However Complaits will not change your award. To do this you will need to appeal within a month of the date on your decision letter

    CR

    Be all you can be, make  every day count. Namaste
  • rainbow58rainbow58 Posts: 79Member Whisperer
    i know -i have complained to IAS re the assessors lies and my MP is involved in that.the DWP decision maker has based his decision based on the asessors lies-saying the same things-thats what i want to complain about -but dont know who too,will look at the link

    thats all in progress,
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    The DWP decision maker has no medical knowledge and therefore relies on the assessors report. They always place more importance on their own "expert" than any other medical evidence

    CR
    Be all you can be, make  every day count. Namaste
  • gh49gh49 Posts: 44Member Whisperer
    My assessor was from ATOS, I rang Dwp to complain about the inaccuracies and down right lies and rudeness, they gave me ATOS tel number and I have received a complaints pack from them. I will be going to appeal, however had esa assessment last week I'm hoping that their report will be an honest one so I can use this. I have 2 weeks left to appeal so hope I get something about esa soon. The DM Surely should have some medical insight, being the DM they decide on our lives, they literally tick boxes and their title is not fit for purpose, rant over. Thanks for reading ! 
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    gh49 said:
    My assessor was from ATOS, I rang Dwp to complain about the inaccuracies and down right lies and rudeness, they gave me ATOS tel number and I have received a complaints pack from them. I will be going to appeal, however had esa assessment last week I'm hoping that their report will be an honest one so I can use this. I have 2 weeks left to appeal so hope I get something about esa soon. The DM Surely should have some medical insight, being the DM they decide on our lives, they literally tick boxes and their title is not fit for purpose, rant over. Thanks for reading ! 
    You don't need to wait to submit an SSCS1 form for appeal. You only need basic reasons you don't need to send your full submission to start the process

    CR
    Be all you can be, make  every day count. Namaste
  • gh49gh49 Posts: 44Member Whisperer
    Oh  thank you , so I can get them to log my appeal then send more info later ? If I get an appointment with CAB would they print form off for me as I gave no printer thanks so much
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    After you submit SSCS1 and your appeal is accepted you will receive a bundle of all the evidence in your claim. This is what you should use to finish preparing your submisssion.
    If you can see the CAB, they should be able to help with your appeal

     
    CR
    Be all you can be, make  every day count. Namaste
  • gh49gh49 Posts: 44Member Whisperer
    Thanks CR you have helped me understand a bit better ! 
    Much appreciated
  • liz1505liz1505 Posts: 10Member Listener
    My assessment was from captia everything i had said or my husband said they wrote complete opposite she virtually said i was okay. I scored 0 on everything. I had been on dla for the past 6 years and my conditions i suffer from will not and can not improve over years. The assessor did not have a clue about my conditions. I sent off the mandatory and still only got my higher rate mobility but standard daily living i am now waiting on the appeal but it is causing me so much stress and pressure. And having effects on my depression.how long will i be waiting to hear from the appeal courts. Thanks in advance.liz.
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    Hi liz and welcome

    Have you had notification that your claim has been accepted ?
    Have you received the bundle and submitted your submission ?
    Hearing times vary from area to area and whether you have asked for oral or paper based hearing, You can ring the tribunal clerk who should be able to give you approx waiting times

    CR
    Be all you can be, make  every day count. Namaste
  • rainbow58rainbow58 Posts: 79Member Whisperer
    i requested MR and the DWP decision maker clearly did not look at anything because they repeated word for word what the assessor wrote -even when it was clear lies.They have not scored any points even when did score points they have zeroed them just so they can decline PIP.surely that has to be illegal?
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    It is not unusual for MR to not change a decision
    You now have two choices
    1) you can appeal to the tribunal
    2) you can put in a new claim, there is no waiting time if you have no award in payment

    There is a third option of doing both but that can get complicated

    CR
    Be all you can be, make  every day count. Namaste
  • rainbow58rainbow58 Posts: 79Member Whisperer
    am appealing to tribunal with CAB
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    That is good to have CAB to help you

    CR
    Be all you can be, make  every day count. Namaste
  • liz1505liz1505 Posts: 10Member Listener
    Hi. Thankyou for that its coming up to 4 weeks now. Ive received the letter to confirm they received everything, my husband did a statement that i including stating he would go to the hearing if needed too..i will give them another and then call. Its causing me alot of stress and worry.
    Thankyou again liz.
  • liz1505liz1505 Posts: 10Member Listener
    Thankyou for the welcome to the group im really pleased to have found it.liz.
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    Hi liz

    Sorry, meds are befuddling my brain  atm.
    Is it the acceptance letter you have received or the bundle of paperwork with all the evidence ?

    CR
    Be all you can be, make  every day count. Namaste
  • liz1505liz1505 Posts: 10Member Listener
    Dont worry i know that feeling i think its just the acceptance letter.when would i get the bundle of paperwork?  Liz.
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    Ahh. Ok
    You should receive the bundle in about 28days.

    This is what you use to prepare you submission to the tribunal. When you receive it, check to make sure that all of your evidence is included.
    Any new evidence should be attached to the back with your name and NI on each page.

    When you do your submission, start with a brief history.

    Take each descriptor one at a time.
    Any descriptors that you agree with say so. Any you disagree with say what points you received, what points you should have recieved and why.

    Reference each descriptor to page and paragraph of the evidence. Lead the reader to the exact place in the evidence that shows you meet the descriptor in the way you say. If you were the reader, would you want to wade through the equivalent of "War and Peace". Make it simple to find the truth, make it idiot proof,

    End with a brief summary of what you should receive based on your evidence.

    CR
    Be all you can be, make  every day count. Namaste
  • liz1505liz1505 Posts: 10Member Listener
    Does that come from the tribunal courts or does that come from dwp/pip? Is it 28days from me sending my disagreement or 28 days from when they receive it or is it from now? Ive sent that kind of evidence when i sent my appeal letter etc.with attached evidence.
    Who could i ring to find out how far along it is?
    Thanks liz.
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    It is 28 days from when they received your request.
    To be honest I am not certain whether it comes from the tribunal or DWP. Any further evidence you have should be sent to the tribunal who a responsible for distirbuting it
    You can ring the tribunal clerk but there is not much to be done until the bundle arrives with the clerk who can then put it on the list for hearing. 

    CR
    Be all you can be, make  every day count. Namaste
  • liz1505liz1505 Posts: 10Member Listener
    Okay thanks i may just have to play the waiting game for a little longer. They received my paperwork on 10/10...
    Liz.
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    The wait for tribunals when listed for hearing vary with area but expect 6-8 months for an oral hearing

    CR
    Be all you can be, make  every day count. Namaste
  • liz1505liz1505 Posts: 10Member Listener
    Okay.its going to be a while then.
    Liz.
  • bobtweeniebobtweenie Posts: 19Member Whisperer
    Snap . Ive just sent my mandatory reconsideration letter off with a copy of the health professionals report off . The assessor who did mine was a nurse and I'd like to know what knowledge she has on brain tumours and strokes and how her report can justify that off a brain surgeons . My money has stopped completely . I hope it goes to tribunal as the DWP will look complete idiots . 
  • liz1505liz1505 Posts: 10Member Listener
    The assessor who i saw had no medical knowledge at all, they all need to have some knowledge of conditions they see in stead of making false assumptions and saying completely different to what you tell them.they dwp dont see your everyday struggles. Ive had the pile of paperwork you receive from the appeal.my money was reduced dramatically i did loose my motorbility until i sent of the reconsideration but got that back but lost alot.they do make themselves look bigger idiots.best of luck.
  • rainbow58rainbow58 Posts: 79Member Whisperer
    i have just received a letter from the appeals confirming receipt of my appeal .they said that the DWP will send all documents to them but nothing about submitting  my own documents in defence.i had the council support people come round this morning and am going to get a grab rail fitted at my back door-the guy is here now fitting it as i type this-also getting a bath aid to help me get in the bath and a walking stick.may get some financial help and help preparing meals,
  • liz1505liz1505 Posts: 10Member Listener
    Its just the waiting game now for you, it took 28 days for me to receive the pack with all paperwork in.
  • rainbow58rainbow58 Posts: 79Member Whisperer
    i am worried about going to tribunal as i have no support and know i will crack up and cry as soon as i get there.i know i cant get across what i want to say-need to say-cant express myself .the CAB no longer provide support due to funding being withdrawn,
  • rainbow58rainbow58 Posts: 79Member Whisperer
    LIZ did/do  they give you the opportunity to send in your own paperwork ahead of the tribunal,?
  • liz1505liz1505 Posts: 10Member Listener
    I read you can have a written tribunal decision if you cant attend try not to worry.but i know what you mean about cracking. I would feel like i was a criminal on trial.
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    Now that your appeal has been accepted, you will receive a bundle of paperwork which is all the evidence used in your claim.

    When you get it, check to make sure that all your evidence is present.

    This is what you should use to prepare your claim from. Any new evidence should be attached to the back with your name and NI on each page

    To prepare your submission
    First write a brief hstory of your claim

    Then take each descriptor , one at a time, say what points were awarded and what points you believe should have ben awarded and why.

    Do this for all descriptors even the ones that are correct

    For the one you are disputing.
    Reference each decriptor to page and paragraph of the evidence. Lead the reader to the exact place to find the point you wish to make. Make it easy for them to find, they don't want to have to read the equivalent of "war and Peace" to find the truth. Make it idiot proof.

    Do that for each descriptor in turn even if you are referencing to the same place for different descriptors 

    Write a brief summary totalling the points that you say should be awarded and the award level that you should get.

    Don't get bogged down trying to discredit the assessor or the misinformation in the report. The only way to win an award is to show that you meet the criteria

    CR
    Be all you can be, make  every day count. Namaste
  • mikehughescqmikehughescq Posts: 1,578Member Chatterbox
    liz1505 said:
    The assessor who i saw had no medical knowledge at all, they all need to have some knowledge of conditions they see in stead of making false assumptions and saying completely different to what you tell them.they dwp dont see your everyday struggles. Ive had the pile of paperwork you receive from the appeal.my money was reduced dramatically i did loose my motorbility until i sent of the reconsideration but got that back but lost alot.they do make themselves look bigger idiots.best of luck.
    All health care professionals have some medical knowledge from their own area of work. They all have to be currently registered too. They get limited training but there's no perfect training as the best way to understand an impairment is to talk to someone who has it. 

    That said I will say it is definitely worth complaining and contrary to a post above it CAN change your award. If a provider upholds a complaint it's often because they realise they had enough evidence to come to a different conclusion. They will then make a recommendation of different points to a DWP DM. If you're at the appeal stage you'll be made an offer to accept those points or proceed to appeal. 
  • MatildaMatilda Posts: 2,208Member Brian Blessed
    @rainbow58

    Don't worry too much about oral tribunal hearings.  My panel was inquisitorial but not aggressive.  Have your wits about you and answer confidently.   I was only required to answer questions, not to give a 'presentation'.

    Disability Rights has a good section on PIP tribunals and their Handbook has an even more detailed section.  You do have to buy this, price £15 from Disability Rights site, but worth the money.

    Tribunal increased my award from standard both components to enhanced both components.
  • rainbow58rainbow58 Posts: 79Member Whisperer
    liz1505 said:
    I read you can have a written tribunal decision if you cant attend try not to worry.but i know what you mean about cracking. I would feel like i was a criminal on trial.
    if you dont attend then they are likely to turn down PIP ,CAB advised to attend.

  • rainbow58rainbow58 Posts: 79Member Whisperer
    Now that your appeal has been accepted, you will receive a bundle of paperwork which is all the evidence used in your claim.

    When you get it, check to make sure that all your evidence is present.

    This is what you should use to prepare your claim from. Any new evidence should be attached to the back with your name and NI on each page

    To prepare your submission
    First write a brief hstory of your claim

    Then take each descriptor , one at a time, say what points were awarded and what points you believe should have ben awarded and why.

    Do this for all descriptors even the ones that are correct

    For the one you are disputing.
    Reference each decriptor to page and paragraph of the evidence. Lead the reader to the exact place to find the point you wish to make. Make it easy for them to find, they don't want to have to read the equivalent of "war and Peace" to find the truth. Make it idiot proof.

    Do that for each descriptor in turn even if you are referencing to the same place for different descriptors 

    Write a brief summary totalling the points that you say should be awarded and the award level that you should get.

    Don't get bogged down trying to discredit the assessor or the misinformation in the report. The only way to win an award is to show that you meet the criteria

    CR
    Now that your appeal has been accepted, you will receive a bundle of paperwork which is all the evidence used in your claim.

    When you get it, check to make sure that all your evidence is present.

    This is what you should use to prepare your claim from. Any new evidence should be attached to the back with your name and NI on each page

    To prepare your submission
    First write a brief hstory of your claim

    Then take each descriptor , one at a time, say what points were awarded and what points you believe should have ben awarded and why.

    Do this for all descriptors even the ones that are correct

    For the one you are disputing.
    Reference each decriptor to page and paragraph of the evidence. Lead the reader to the exact place to find the point you wish to make. Make it easy for them to find, they don't want to have to read the equivalent of "war and Peace" to find the truth. Make it idiot proof.

    Do that for each descriptor in turn even if you are referencing to the same place for different descriptors 

    Write a brief summary totalling the points that you say should be awarded and the award level that you should get.

    Don't get bogged down trying to discredit the assessor or the misinformation in the report. The only way to win an award is to show that you meet the criteria

    CR
    Now that your appeal has been accepted, you will receive a bundle of paperwork which is all the evidence used in your claim.

    When you get it, check to make sure that all your evidence is present.

    This is what you should use to prepare your claim from. Any new evidence should be attached to the back with your name and NI on each page

    To prepare your submission
    First write a brief hstory of your claim

    Then take each descriptor , one at a time, say what points were awarded and what points you believe should have ben awarded and why.

    Do this for all descriptors even the ones that are correct

    For the one you are disputing.
    Reference each decriptor to page and paragraph of the evidence. Lead the reader to the exact place to find the point you wish to make. Make it easy for them to find, they don't want to have to read the equivalent of "war and Peace" to find the truth. Make it idiot proof.

    Do that for each descriptor in turn even if you are referencing to the same place for different descriptors 

    Write a brief summary totalling the points that you say should be awarded and the award level that you should get.

    Don't get bogged down trying to discredit the assessor or the misinformation in the report. The only way to win an award is to show that you meet the criteria

    CR
    Now that your appeal has been accepted, you will receive a bundle of paperwork which is all the evidence used in your claim.

    When you get it, check to make sure that all your evidence is present.

    This is what you should use to prepare your claim from. Any new evidence should be attached to the back with your name and NI on each page

    To prepare your submission
    First write a brief hstory of your claim

    Then take each descriptor , one at a time, say what points were awarded and what points you believe should have ben awarded and why.

    Do this for all descriptors even the ones that are correct

    For the one you are disputing.
    Reference each decriptor to page and paragraph of the evidence. Lead the reader to the exact place to find the point you wish to make. Make it easy for them to find, they don't want to have to read the equivalent of "war and Peace" to find the truth. Make it idiot proof.

    Do that for each descriptor in turn even if you are referencing to the same place for different descriptors 

    Write a brief summary totalling the points that you say should be awarded and the award level that you should get.

    Don't get bogged down trying to discredit the assessor or the misinformation in the report. The only way to win an award is to show that you meet the criteria

    CR
    Now that your appeal has been accepted, you will receive a bundle of paperwork which is all the evidence used in your claim.

    When you get it, check to make sure that all your evidence is present.

    This is what you should use to prepare your claim from. Any new evidence should be attached to the back with your name and NI on each page

    To prepare your submission
    First write a brief hstory of your claim

    Then take each descriptor , one at a time, say what points were awarded and what points you believe should have ben awarded and why.

    Do this for all descriptors even the ones that are correct

    For the one you are disputing.
    Reference each decriptor to page and paragraph of the evidence. Lead the reader to the exact place to find the point you wish to make. Make it easy for them to find, they don't want to have to read the equivalent of "war and Peace" to find the truth. Make it idiot proof.

    Do that for each descriptor in turn even if you are referencing to the same place for different descriptors 

    Write a brief summary totalling the points that you say should be awarded and the award level that you should get.

    Don't get bogged down trying to discredit the assessor or the misinformation in the report. The only way to win an award is to show that you meet the criteria

    CR
    dont know what hsppened there-your reply has appesared nfew times,is this MR youare talking about or tribunal?do they give you another form to fill in?
  • mikehughescqmikehughescq Posts: 1,578Member Chatterbox
    No, there's no extra form for tribunals. You submit what you want to.
  • mikehughescqmikehughescq Posts: 1,578Member Chatterbox

    The percentage of appeal which succeed when held as paper only tribunals is a single digit percentage. Attending by yourself would mean a leap to around 40 to 45% success rate. Going with some support, whether they speak or not, takes that up to about 50 to 55% but attending and having a proper representative takes you up to 65% plus.

    Ignore reps. who claim 100% success rates. They can only achieve that through cherry picking near dead certs.

    Even if you ask for a paper hearing a tribunal still needs to consider whether they have enough evidence to proceed without you so you could find it's adjourned to enable you to attend anyway.


  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    I don't know what happened. I might have sent it twice ,
     to be sure to be sure
    Be all you can be, make  every day count. Namaste
  • rainbow58rainbow58 Posts: 79Member Whisperer
    Matilda said:
    @rainbow58

    Don't worry too much about oral tribunal hearings.  My panel was inquisitorial but not aggressive.  Have your wits about you and answer confidently.   I was only required to answer questions, not to give a 'presentation'.

    Disability Rights has a good section on PIP tribunals and their Handbook has an even more detailed section.  You do have to buy this, price £15 from Disability Rights site, but worth the money.

    Tribunal increased my award from standard both components to enhanced both components.
    i answered questions at the first assessment and the assessor claimed that i answered all questions with full attention -yet contradicted this by saying my answers were evasive and inconsistent.what if they do the same as the assessor and dont accept what i tell them-because i struggle to get things across,

    i calculated i should receive enhanced for both-18 years of receiving DLA indefinitely was disregarded -and ESA was awarded no problem -on IB/ESA for 19 years.at least now i have aids from the council to help me-hopefully they will give me something in writing to this effect,.
  • rainbow58rainbow58 Posts: 79Member Whisperer
    I don't know what happened. I might have sent it twice ,
     to be sure to be sure
    it was somethiung i did
  • mikehughescqmikehughescq Posts: 1,578Member Chatterbox
    This is what representation and written submissions are for.
  • rainbow58rainbow58 Posts: 79Member Whisperer
    No, there's no extra form for tribunals. You submit what you want to.
    No, there's no extra form for tribunals. You submit what you want to.
    do they tell you that and provide a forwarding address?did you have to go through this?
  • MatildaMatilda Posts: 2,208Member Brian Blessed
    edited November 2017
    @rainbow58

    Unlike assessments, tribunals are impartial and are made up of professional people.  There is a doctor, a lawyer (the judge) and a disability expert.  Their purpose is to find out what you can and can't do.  If your answer isn't clear, they'll ask supplementary questions that should enable you to clarify what you mean.
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    When you receive the bundle you will have the address to send your submission

    CR
    Be all you can be, make  every day count. Namaste
  • rainbow58rainbow58 Posts: 79Member Whisperer
    thank you-need to call CAB .

  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    Getting help from CAB is a very good idea if you can.

    The "formula" that I posted I have used to win appeals for my wife and four other claims.  So I do know what you are going through

    Even if you can get help from CAB there is no harm in making a start yourself

    CR
    Be all you can be, make  every day count. Namaste
  • rainbow58rainbow58 Posts: 79Member Whisperer
    I went to the CAB re my ESA  and was awarded that without an assessment-been on IB since 1998 -so as far as i am concerned if they can automatically change IB to ESA why cant they change DLA automatically to PIP.They use the excuse its a new benefit -well so was ESA.It is not as though we are new claimants.thats my views on it,i know n ot everyone will agree.
    i didnt re PIP -filled form out b y myself but went to CAB when turned down for PIP.

    Almost every descriptor/justification was incorrect and lies and the same for almost every activity.I will try and make a start-i dont know if i will get a supportive letter from my GP as i havent been  with this one long and he has no idea how my conditions affect me-he said last time that he couldnt  say i had arthritis because it was not in my notes and i have several problems still undiagnosed.so i have a lot going on with GP issues right now and when i have told other gp's  in the practice that I couldnt walk far or uphill steps all they said was "you walk ok here"but only saw me walk literally less than 2 metres.
    anyway thanks i will try and print off what you said as a guide.
  • mikehughescqmikehughescq Posts: 1,578Member Chatterbox
    rainbow58 said:
    No, there's no extra form for tribunals. You submit what you want to.
    No, there's no extra form for tribunals. You submit what you want to.
    do they tell you that and provide a forwarding address?did you have to go through this?
    No, I’m a manager within a welfare rights service. 

    Address will be on the letter accompanying your appeal papers.
  • rainbow58rainbow58 Posts: 79Member Whisperer
    the CAB no longer provide support at tribunals due to withdrawal of funding would a welfare rights service provide support?
  • mikehughescqmikehughescq Posts: 1,578Member Chatterbox

    If you can find a local authority WRS then in most cases the answer would be "yes" unless they are second tier i.e. they only advise other advisers. The caveat is that they would first assess the merits of the case and it's always open to an adviser to do a professional assessment and conclude there would be no entitlement, in which case there would be little point in representation.

    Just a point re: CAB. It isn't necessarily the case that there's no representation at all. It's not true that funding was withdrawn. There never was funding to attend appeal tribunals.

    What actually happened was that many years ago they decided to accept legal aid funding and that dictated how caseloads were managed e.g. how much time per interview; per case etc. Legal aid funding was never available for anything other than tribunal preparation but not representation. Thus most CABx moved to a model where involvement ended when a written submission was drafted for an appellant and submitted to HMCTS i.e. a case ended when legal aid ended.

    However, in some bureaux it remained (and remains) the case that keen volunteers wanting to learn how to represent would offer to do representation. Some areas also have a specialist/paid team that do the work also. Bottom line is that you cannot assume what is in one area reflects how all areas work. It's always worth asking.  

     


  • rainbow58rainbow58 Posts: 79Member Whisperer
    hi  i had a tribuanl in 2005 froexactly the same reason pthe assessor lied throughout and had a CAB representative then
  • rainbow58rainbow58 Posts: 79Member Whisperer
    hi mike i havent received the letter yet but did receive an email from my MP's office  re reply to  my complaint to IAS-and from the gist of glancing through it -it seems the same lies made and excuses etc.
    have asked MP where to go from here as once again they are lying and not accepting the assessors lies -fabrications etc.

  • mikehughescqmikehughescq Posts: 1,578Member Chatterbox
    Have a look at the DWP PIP provider guidance online. See if they breached any of it in your case. Have had success with IAS and CHDA using their own guidance against them. It’s especially helpful when they did a functional assessment when they already had up to date medical evidence. They won’t have recorded in writing the separate verbal consent for that testing they’re supposed to have obtained. Instantly discredits them. Also look for obvious contradictions.

    Much as people here like to go via the MP it’s generally better to handle the complaint yourself. MPs don’t have the knowledge to refute the nonsense they can be fobbed off with and nor do their staff in most cases. Plays better with tribunals too. When they see appeal papers involving an MP complaint there tends to be a metaphoric rolling of eyeballs sadly.
  • rainbow58rainbow58 Posts: 79Member Whisperer
    thanks Mike. I pointed out the contradictions -lies and assumptions etc to the MP.and have done for the tribunal-or will do,whether or not i handle the complaint myself they will still "have an answer for everything",.one councillor told me to contact my MP as MP's have clout over the NHS but MP said she cant do anything (not re PIP-another matter which she did help me with last year but declined thsi time).
  • dottydottydottydotty Posts: 287Member Chatterbox
    rainbow58   On your decision letter does  it read   " I have changed the descriptor  choices  previously  chosen "    Reason I ask  is because it said this on mine and I only scored  2  points ,  so don't know if assessor scored me higher ,  or if it refers to  my assessment way back in 2014 . 
  • mikehughescqmikehughescq Posts: 1,578Member Chatterbox
    You can always ask for previous copies in order to compare.
  • dottydottydottydotty Posts: 287Member Chatterbox
    mikehughescq   it would be my report from my 2014 assessment that I need to see to compare ,      bearing  in mind the descriptors  have changed since 2014 especially with regards to mobility .
  • mikehughescqmikehughescq Posts: 1,578Member Chatterbox

    They have changed once with regard to mobility and the DWP decision to not appeal RF means that they now revert to the original version so you will be comparing like with like. There should be no issue getting a copy of your original breakdown but if you have retained your decisions then you'll have it anyway.

  • dottydottydottydotty Posts: 287Member Chatterbox
    mikehughescq  Thankyou  , I will ask for a  copy of my 2014 report. .Also i am hoping the MR will take into account the mobility changes which came into effect after my assessment 29th Dec 2017. My decision letter was dated Sunday 07/01/2018    .I sensed the need for speed .
  • dottydottydottydotty Posts: 287Member Chatterbox
    mikehughescq  As mentioned above, my assessment was 29th Dec 2017 .   Soon after this date we heard the news  that the  Govt had  changed the mobility rules regarding Mobility and mental health .  My question is this  will the MR decision maker use the rules that applied  on Dec 29th 2017  .  or comply with the new rules regarding  mobility and mental health . 
  • mikehughescqmikehughescq Posts: 1,578Member Chatterbox
    The rules are back as they are. 
  • dottydottydottydotty Posts: 287Member Chatterbox
    mikehughesq  Thankyou  Hopefully the RM decision maker will adjust my scores accordingly .
  • rainbow58rainbow58 Posts: 79Member Whisperer
    mike  do ypu think the DWP will send me a copy of my 2005 assessment/tribunal result
  • dottydottydottydotty Posts: 287Member Chatterbox
    rainbow58   I was told to also write to the assessors company in my case CAPITA as they hold information about me .  They have done my last 2 asessments
  • rainbow58rainbow58 Posts: 79Member Whisperer
    Dottydotty  did Capita send them to you?
  • dottydottydottydotty Posts: 287Member Chatterbox
    rainbow58   I am still waiting,   apparently they have to send them within  40 days of asking . Ii am hoping it will include everything , medical , letters  etc . I have also lodged a complaint with Capita  and am still awaiting my reply .
  • dottydottydottydotty Posts: 287Member Chatterbox
    rainbow58  I have been on ESA ,  DLA .  PIP  so should be quite a considerably amount of information .
  • mikehughescqmikehughescq Posts: 1,578Member Chatterbox
    rainbow58 said:
    mike  do ypu think the DWP will send me a copy of my 2005 assessment/tribunal result
    DWP don’t ordinarily hold tribunal decisions much beyond implementation. Ditto the assessment provider. It’s unlikely they’ll hold a report much beyond implementation either. The onus is on the claimant to retain stuff nowadays.
  • rainbow58rainbow58 Posts: 79Member Whisperer
    the only document i have is what the CAB representative put to them at tribunal as to what was wrong with the assessors report,i dont have any other documents.i was not given any documents back then not like they have sent me this time,
  • rainbow58rainbow58 Posts: 79Member Whisperer
    rainbow58  I have been on ESA ,  DLA .  PIP  so should be quite a considerably amount of information .

    i was on IB/DLA then switched to ESA  .DLA stopped  purely cos of assessors lies.


  • dottydottydottydotty Posts: 287Member Chatterbox
    rainbow58     same here. 
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