- Posts: 35
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- pip review mandatory consideration information
× Members
pip review mandatory consideration information
- smark25
- Topic Author
- Offline
Less More
9 months 1 week ago #287557 by smark25
pip review mandatory consideration information was created by smark25
Hi
I am writing this on behalf of my mum. She has diagnosed with fibromyalgia, osteoarthritis, spondylosis for many years now and her condition has deteriorated and has over the past year after being diagnosed with emphysema, osteoporosis and anxiety and depression. She submitted her PIP review form, outlining her new diagnosis and had a phone review last week. She has received the outcome which has been very disappointing, and in some instances, a complete lie. My mum has very limited mobility, and is undoubtedly entitled to the higher rate mobility however the comments of the reviewer were incorrect. In addition, my mum was not even asked about her emphysema, and anxiety and depression which now affects her greatly. Has anyone else had any experience of this? I know there are several guides on this website which I am sifting through but I was wondering if anyone had any experience in completely erroneous medical reviews and how to challenge them?
I am writing this on behalf of my mum. She has diagnosed with fibromyalgia, osteoarthritis, spondylosis for many years now and her condition has deteriorated and has over the past year after being diagnosed with emphysema, osteoporosis and anxiety and depression. She submitted her PIP review form, outlining her new diagnosis and had a phone review last week. She has received the outcome which has been very disappointing, and in some instances, a complete lie. My mum has very limited mobility, and is undoubtedly entitled to the higher rate mobility however the comments of the reviewer were incorrect. In addition, my mum was not even asked about her emphysema, and anxiety and depression which now affects her greatly. Has anyone else had any experience of this? I know there are several guides on this website which I am sifting through but I was wondering if anyone had any experience in completely erroneous medical reviews and how to challenge them?
Please Log in or Create an account to join the conversation.
- BIS
- Away
Less More
- Posts: 8340
9 months 1 week ago #287568 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic pip review mandatory consideration information
Hi smark25
I'm afraid your mother's experience is not unique - and many people have had erroneous reports.
I'm not sure from what you have said - whether you mother has got her PA4 (The assessor's report) or she has received the decision letter from the DWP. I am assuming it is the assessor's report - which came through very quickly.
I wonder, from what you have said, whether the assessor had even looked at her current report or was looking at an old one. You might want to try and find out. It should say which documents were looked at when compiling the report. (Some get missed off, but sometimes they are looking at old reports, not current ones).
The documents you want to look at - are the Guide to PIP Appeals and MR - and How to Challenge a Medical Report.
Obviously, I have no idea what your mother wrote in the first place, but a mistake that many people make is assuming that the person reading it will understand her medical conditions, and that isn't necessarily the case. I just mention that so you stay open to having to explain anything that was missed off.
As for the pack of lies - yes - that is common - but you won't get anywhere by saying the assessor lied(as tempting as it is and even when they deserve it!). You have to say things like they 'Were mistaken," "Missed off", "misunderstood" "were unaware," etc etc.
And don't waste time on anything that won't score your mother points. Go through the report and see where she had already made the case or any evidence you sent in and repeat it.
Come back and ask if you have any specific questions
BIS
I'm afraid your mother's experience is not unique - and many people have had erroneous reports.
I'm not sure from what you have said - whether you mother has got her PA4 (The assessor's report) or she has received the decision letter from the DWP. I am assuming it is the assessor's report - which came through very quickly.
I wonder, from what you have said, whether the assessor had even looked at her current report or was looking at an old one. You might want to try and find out. It should say which documents were looked at when compiling the report. (Some get missed off, but sometimes they are looking at old reports, not current ones).
The documents you want to look at - are the Guide to PIP Appeals and MR - and How to Challenge a Medical Report.
Obviously, I have no idea what your mother wrote in the first place, but a mistake that many people make is assuming that the person reading it will understand her medical conditions, and that isn't necessarily the case. I just mention that so you stay open to having to explain anything that was missed off.
As for the pack of lies - yes - that is common - but you won't get anywhere by saying the assessor lied(as tempting as it is and even when they deserve it!). You have to say things like they 'Were mistaken," "Missed off", "misunderstood" "were unaware," etc etc.
And don't waste time on anything that won't score your mother points. Go through the report and see where she had already made the case or any evidence you sent in and repeat it.
Come back and ask if you have any specific questions
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby
Please Log in or Create an account to join the conversation.
- boris1
- Offline
Less More
- Posts: 86
9 months 1 week ago #287586 by boris1
Replied by boris1 on topic pip review mandatory consideration information
Unfortunately the health conditions listed will not automatically qualify a claimant for benefit entitlement unless proof is given regarding how an/all of those health conditions impact a persons life to the extent that they meet the pip descriptors criteria.
If a person are applying for MR they will need to explain where they failed to gain the points they think they are entitled to and explain in great detail the impact of their health conditions on their daily lives.
'Reliably safely and in a timely manner'.
Try not to focus on what you consider to be 'lies' by the assessor because that will be a waste of your time and energy and it will not achieve an award of pip at MR or a potential tribunal.
If a person are applying for MR they will need to explain where they failed to gain the points they think they are entitled to and explain in great detail the impact of their health conditions on their daily lives.
'Reliably safely and in a timely manner'.
Try not to focus on what you consider to be 'lies' by the assessor because that will be a waste of your time and energy and it will not achieve an award of pip at MR or a potential tribunal.
Please Log in or Create an account to join the conversation.
- smark25
- Topic Author
- Offline
Less More
- Posts: 35
9 months 1 week ago #287590 by smark25
Replied by smark25 on topic pip review mandatory consideration information
Hi Bis
Thank you for your response.
The comment's I referred to were the assessor's report. They used a previous health report from a universal credit assessment form 4 months prior as a PA4. She was awarded the LCWRA rate and we have requested a copy. It is bizarre as everything she explained in the UC assessment should clearly demonstrate why she is entitled to higher rate mobility.
Thank you for your encouraging words. I have downloaded both manuals and I am working my way through them now.
Thanks
Thank you for your response.
The comment's I referred to were the assessor's report. They used a previous health report from a universal credit assessment form 4 months prior as a PA4. She was awarded the LCWRA rate and we have requested a copy. It is bizarre as everything she explained in the UC assessment should clearly demonstrate why she is entitled to higher rate mobility.
Thank you for your encouraging words. I have downloaded both manuals and I am working my way through them now.
Thanks
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51290
9 months 1 week ago #287593 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip review mandatory consideration information
s
Be aware the Mobility tests for PIP are far stricter than those used for ESA/UC so a Support Group / LCWRA Group award for ESA/UC based on mobility does not imply a PIP Enhanced Daily Living award.
You don't indicate how restricted your mother's Mobility is and how frequently this is the case so all we can really do is point you back to the claim guide.
Gordon
Be aware the Mobility tests for PIP are far stricter than those used for ESA/UC so a Support Group / LCWRA Group award for ESA/UC based on mobility does not imply a PIP Enhanced Daily Living award.
You don't indicate how restricted your mother's Mobility is and how frequently this is the case so all we can really do is point you back to the claim guide.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- smark25
- Topic Author
- Offline
Less More
- Posts: 35
9 months 1 week ago #287594 by smark25
Replied by smark25 on topic pip review mandatory consideration information
Hi Gordon
My mum can walk from the living room to the kitchen with a walking stick (about 10-15 metres) albeit it with the security of railings and a few perching stools. On a bad day when her fibromyalgia/emphysema/arthritis are all kicking in, its a few metres at best.
Thanks
My mum can walk from the living room to the kitchen with a walking stick (about 10-15 metres) albeit it with the security of railings and a few perching stools. On a bad day when her fibromyalgia/emphysema/arthritis are all kicking in, its a few metres at best.
Thanks
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David