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PIP - Assessment did not consider OPD
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3 months 1 week ago #294098 by CG31
PIP - Assessment did not consider OPD was created by CG31
At a recent a review a friend has been awarded the enhanced rate for both daily living and mobility (thank you B&W). We requested the detailed assessment report and it’s clear that the assessor has failed to recognise the mental health issues in terms of overwhelming psychological distress (Engaging with others face to face) the impact of this on Planning a journey (10 points were awarded last time). Our concern is if we do not log this now it will have implications at a later date for either the ESA award or subsequent reviews. We have gone down the mandatory reconsideration and Tribunal route before and won (with help from B&W Guides & forum). But it was a very painful and exhausting journey and he has the maximum award already. So there is nothing to gain financially, but we are wondering if it possible to get a letter placed on his file without initiating a mandatory reconsideration?
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3 months 1 week ago #294105 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP - Assessment did not consider OPD
Hi CG31
This is my personal view. Any letter in which you try to inform the DWP of something you disagree with opens up the real possibility of it being misread or misinterpreted and triggering a review. I would certainly not go there when the claimant has an enhanced award.
You said the assessor failed to recognise the "Overwhelming psychological distress". There is no legal definition for this term, and at the end of the day, it will come down to the view of the assessor and decision-maker whether they meet this. So one assessor will not necessarily agree with another and will not necessarily award the same points at each review.
At another review, the claimant can mention that their medical issues from the last review are the same and ongoing and what they think they should be awarded. They can even say that they disagreed with the final assessment last time but didn't contest it because of the enhanced award.
In truth, very few people, even when they have been awarded enhanced reviews, get an assessment report that fully reflects their own view of their condition and what they think they should have been awarded. I would write a note of what you think is missing from this report and keep it for when the next review comes around.
Will it affect an ESA award? I doubt it. They don't have exactly the same criteria, and an ESA assessor may not even have access to the previous PIP assessment.
But this is my view, and if your friend feels happier telling them - send the letter, but make it clear at the beginning and at the end of the letter that you want it placed on file with no action to be taken. Bear in mind - even then, there is no guarantee that the next reviewer will read it.
BIS
This is my personal view. Any letter in which you try to inform the DWP of something you disagree with opens up the real possibility of it being misread or misinterpreted and triggering a review. I would certainly not go there when the claimant has an enhanced award.
You said the assessor failed to recognise the "Overwhelming psychological distress". There is no legal definition for this term, and at the end of the day, it will come down to the view of the assessor and decision-maker whether they meet this. So one assessor will not necessarily agree with another and will not necessarily award the same points at each review.
At another review, the claimant can mention that their medical issues from the last review are the same and ongoing and what they think they should be awarded. They can even say that they disagreed with the final assessment last time but didn't contest it because of the enhanced award.
In truth, very few people, even when they have been awarded enhanced reviews, get an assessment report that fully reflects their own view of their condition and what they think they should have been awarded. I would write a note of what you think is missing from this report and keep it for when the next review comes around.
Will it affect an ESA award? I doubt it. They don't have exactly the same criteria, and an ESA assessor may not even have access to the previous PIP assessment.
But this is my view, and if your friend feels happier telling them - send the letter, but make it clear at the beginning and at the end of the letter that you want it placed on file with no action to be taken. Bear in mind - even then, there is no guarantee that the next reviewer will read it.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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