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    • So with a long working history, which she can evidence, it should not be a problem. Still have to go though HRT process for any benefit application, if they have been out of the UK for more than 6 weeks. It won't be a smooth process though. Suggest they try to get advice via Embassy, before they start any journey.
    • Dep Thx Eric's Brother. There was a person on this forum who told me his case was thrown out at the same court because of the contract. I requested more info, but he has disappeared since his case was dismissed.  I was just wondering whether it was worth whacking off a letter to IPS pointing out one of their members, using their logo, is making a claim based on illegal signage and other issues in contravention of their Code of Practice. Would they lean on VCS to withdraw, do you think?
    • Mother and father worked here and then went to SA in about 1978 returning to UK in about 1996 and worked here until 2016 when her husband died at age 66.  He was still working at the time.  She then went to live with daughter in SA.  Mother only claims for her pension. 
    • Thanks, I owe the money, no issue with that, I will SAR the company.  If I need to just pay it and have the CCJ for a few years so be it.  Just thought I'd explore all options
    • By the way you wrote that post, i can see that you are as confused by the situation as someone reading it. Important advice must be not to pay for any flights etc, until they understand the situation fully. Those that have British passports could be entitled to receive UK benefits. However, nothing is that straightforward. The passport does guarantee anything. The daughter could be entitled to Universal Credit ( which includes housing) as a British passport holder, but this can only be confirmed when she has gone through the Habitual Residency test (HRT). So you will need to read about HRT for British passport holders returning to the UK. There will be requirements to provide information about why they are returning to the UK and what work searches have they done to find work on their return to the UK. In regard to the mother who has a British passport, you will be correct in presuming that no council is going to be helpful in paying for the care home fees immediately on arrival in the UK. When did the mother last live in the UK ? When did the mother last work in the UK ? British embassy in South Africa may be able to provide information and assist with applications ? Just getting on a plane, landing in the UK and expecting help to resolve their situation, would be a silly thing to do. I can see the mother ending up in an NHS hospital for a period, while people wondered how they were going to deal with the situation. Probably not the first to do this, but if the mother also has a South African passport, they could put her on a plane back to SA and then the Daughter would be a difficult situation. Embassy in South Africa must be first place of advice.
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confusedbunny

PIP assessment-Assessor made false claims

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I received my PIP decision and I so upset at the false information that the assessor has stated. I have been awarded standard daily living and ZERO award for mobility.

 

Just briefly

1.The assessor claimed that I could get on and off the medical couch with ease.

(This is a lie! She had to lift my legs on and then off the couch)

 

2.She claims that I can walk 200 metres with no difficulties with a normal walking gait!!

(This is a lie! How can she claim this, when there wasn't even 200 metres to walk in front of her, the waiting room to the assessment room is 12-14 steps that I was severely struggling with)

 

3.She claims I had full mobility in my lower limbs

(This is a lie! I clearly showed her that I cannot move my lower limbs, very limited with severe pain)

 

Mentally, I do not know if I have the strength to dispute all this but I feel deeply annoyed and the fact that the assessor has made false claims.

 

I have medical evidence from my GP (who has issued me with an indefinite unable to work certificate due to arthritis,severe spinal injury and poor mobility), I have confirmation from my spinal surgeon that I have a crushed spinal cord,nerve damage etc and need urgent surgery and walk with a wide gait) and the rheumatologist who confirms that my mobility is effected by my arthritis and sciatica.

 

The decision has been made that I scored 8 points for daily living (standard rate) and 0 points for mobility.

 

I am slightly confused how I challenge this. The letter states I have three options:

 

1.Ask us to explain why

2.Reconsider a decision

3.Appeal

 

I would like to

 

1. Request an in-depth report, so that I can analyse each section & challenge it, can I request this before I ask them to reconsider?

 

2.Would I then reply back to them asking them to reconsider based upon the points that I have challenged?

 

3. If I still disagree with their reconsideration, is that when I would appeal?

 

The one month notice, is this to request an in-depth report or does that include challenging the report aswell? I do not want to request they reconsider their decision at this stage until I see the full report.

 

I was with the assessor approx. 20 minutes in the assessment, how can she make such claims during this time and false ones at that, I am so so stressed by this.

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No expert on pips but from what I've read they are [redacted]

Outsourced and not medically trained.

 

Get all your evidence and appeal.

Edited by Mr.P
Remove obscenity.

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Hi

 

Please read the above link, you need to get a Mandatory Reconsideration in even if it's as simple as saying you ask for a mandatory reconsideration more to follow and they acknowledge it. (you need to keep a good paper trail as well)

 

Something also to consider asking is remember you were assessed by DWPs nominated contractor but how do you know if that assessor was qualified medically you don't, so this is just my opinion only I would ask the following:

 

You require further clarification on exactly what medical qualifications (XZY Assesor) that carried out your PIP Assessment on XX/XX/XXXX at (Insert Time) at (Insert Address)?.


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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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I rang PIP this morning to request an explanation in writing,

the case worker advised me that they were not able to offer any further explanation other that what was written in my decision letter.

He advised that he would send me the assessor's report today, 1st class.

 

Will the report tell me the assessor's qualifications?

 

Could anyone direct me to the link where certain medical conditions cannot be assessed by nurses and ONLY specialists/doctors.

 

I believe she was a nurse and i vaguely remember reading somewhere that my particular medical condition can only be assessed by a senior medical professional.

 

One of my long-term conditions is that I have multi-level cervical spinal stenosis with myelopathy.

 

Thank you.

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I believe the previous requirement for certain conditions to be assessed only by a doctor no longer applies.

The report will give the assessor's name from which you will be able to discover their qualifications.

 

Please try not to take this personally,

the assessment system is set up to fail as many people as possible and anyone getting the correct award at the first attempt is very lucky.

 

When you get the report, go through section by section and point out every single error/omission, but don't leave it too long to get your Mandatory reconsideration in.

Decision maker's have a target of 80% of MRs being refused,

so it's unlikely to get your decision changed at this point anyway,

however nearly 70% of appeals are upheld so don't lose hope, just go along the process and treat it as a necessary evil.

 

If you can, please submit a formal complaint to the contractor involved.

Again, it will go through each stage of their complaints procedure and they will decide the assessor was perfect,

but you can then take your complaint to the Independent Case Examiner who may well uphold it.

 

Be warned that it is not a quick process though

- it took more than 12 months for my complaint to be allocated to a case worker as they are a bit snowed under due to the 880% increase in complaints over PIP assessments.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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That is shocking! It is causing un-necessary pressure on individuals

 

Could someone suggest the best link for me where i can see the scriptors and relevent points system for PIP please?

 

I am shocked they have given me zero points for mobility.

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https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers

 

Part 2 covers each descriptor with details on how they should be applied.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Pay particular attention to the 'reliability' criteria.

 

If you're not sure, post again and I'll do my best to explain - I've become a bit of an expert on PIP descriptors through necessity!


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Please explain this?

 

I received my assessor's report and she is a qualified nurse.

 

I read sometime ago that nurses are unable to assess specific conditions, is this still the case?

If so, could someone post a link where i can find this info please (i should have saved it )

 

The assessor claims it took her 50 mins to complete my assessment,

this in untrue,

i was in with her for 21-22 mins.

Should i mention this or is it irrelevent and seen as 'nit picking'?

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I would say that a short assessment should be mentioned as it's unlikely she could do a thorough assessment in 20 minutes - there is no longer any requirement that specific conditions are assessed by a doctor, all PIP assessments can be done by either nurses, midwives, paramedics or physiotherapists.

 

Now you have the report, for now go through everything she has written and note any and all errors. If you can, copy the report and just use a highlighter or note down errors/omissions.

 

After you've done that, for each of the criteria, read the handbook information so you have an idea of what descriptor she should have selected. At the beginning of the handbook there's information on how to assess if a particular activity can be done reliably - repeatedly, safely, and in a reasonable time and to a reasonable standard, which should be applied to each of the descriptors. For example, if someone can walk 100 metres before stopping but then has to rest for half an hour before they can walk that distance again, they will be deemed not to be able to walk 100m because they can't do it repeatedly. Another example would be if someone is physically able to walk but doing so makes them so breathless that they're risking a collapse - again, they're deemed not able to walk because they can't do it safely.

 

You may find it helpful for each of the criteria that you think apply to you, do a version of the following:-

(this example is washing and bathing)

To use the shower I have a stool to sit on as standing for long enough to wash thoroughly causes too much pain in my legs and back. Using a stool I can shower reliably as it doesn't take me any longer than average, I can do it safely, to a reasonable standard and as often as I need to. (This would meet descriptor B.)

 

To use a bath I have to use a bath lift which I need someone else to operate for me as my hands are to weak to operate the controls. I also need someone to be within earshot all the time I am in the bath in case I feel dizzy. I cannot bend enough to wash my lower half so someone else has to do that for me. It takes me much longer than average to have a bath because of the preparation needed. If someone is within earshot all the time, it is usually safe but they still need to check on me every few minutes as I have once fainted with no warning. I would like to bathe every day but I can't because it takes so long and because the effort involved means I can do very little else on days when I do have a bath. (This would meet descriptor G because although the person can bathe with assistance, they cannot do so reliably - they take longer than average and cannot bathe as often as they need to.)

 

To summarise, say what you can do, what aids you use or whether you need assistance from a person, say which of the reliability criteria you do or do not meet.

 

When you've done all that, you should have two pieces of paper to compare - one with what the nurse wrote and one which is what you can actually do. From that you can pick out the most important errors - the ones that are most likely to score you some points if corrected - and start putting your reconsideration request together. You might start by writing something like (where applicable)

 

'Having received the report prepared following my face-to-face assessment, I would comment as follows:-

 

1. According to notes made at the time, the assessment lasted for only x minutes, not the xx minutes alleged.

 

2. In completing the first page of the report, the nurse has omitted mention of xyz condition and the fact that I am under the care of abc consultant

 

3. The nurse has not referred to any of the medical evidence submitted with my form, nor explained why her opinion of my functional limitation differs from that evidence.

 

4. In particular, when considering the criteria for washing and bathing, the nurse says that I am able to bathe using aids or appliances. This is correct in so far as I use a bath lift to get into and out of the bath, however I cannot operate it myself so my wife has to operate the controls, and also my wife has to wash my lower body. I cannot bathe every day because it takes me so long to wash the bits of myself that I can reach and the effort involved means that I am not able to do very much else on that day, therefore I cannot bathe as often as necessary.

 

5. For mobility, the nurse has written that I can ....

 

 

There may not be any need to mention every error, only ones that will score you more points. Check the information on the first page very carefully - she should have listed all the evidence she considered in a way that the decision maker at DWP can identify it, so just saying 'a letter and two reports' isn't good enough for example, and she must not omit any condition or illness mentioned on the paperwork or during the assessment, it's not her decision as to whether a particular illness is relevant or not. If there is any fault with factual information such as this, put it at the beginning of your request as provable factual errors should prompt the decision maker into looking at your case more carefully.

 

That's everything I can think of for now, good luck and let me know if you need any of the stuff in the handbook explained a bit more.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thank you kindly for your thorough reply. I will attempt this, so may ask a few more questions.

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Currently, my PIP decision is that i have been awarded daily living (standard), for two years (with a review in 12 months), am i entitled to SDP?

 

I am currently receiving UC and awaiting an atos medical to try and be placed in their non-work related group (i am dreading that battle next!)

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Currently, my PIP decision is that i have been awarded daily living (standard), for two years (with a review in 12 months), am i entitled to SDP?

 

I am currently receiving UC and awaiting an atos medical to try and be placed in their non-work related group (i am dreading that battle next!)

 

There's no SDP within UC I'm afraid.

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Ok thank you for your reply

 

The assessor claims i can walk more than 200 metres, this is untrue. I the descriptor two applies to me:

 

(e) can stand and then move more than a metre but no more than 20 metres, either aided or unaided- this is on a good day, albeit, with pain & discomfort

 

(f) Cannot, either aided or unaided-stand or move more than 1 metre-this is on a bad day

 

I would say my pain/discomfort ration is:

 

70% bad day

30% good day

 

I am confused with what descriptor to select, any suggestions please?

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After considering the reliability criteria - remember if you can't do it safely, within a reasonable time, to a reasonable standard and as often as you need to, then you can't do it - whichever descriptor applies for at least 50% of the time is the one that you choose. There are worked examples in the assessment guide which may help you.

 

From the brief details you've given, I would select (f).


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thank you all for your advice and help. I received my mandatory decision back and I have now been awarded the 'mobility' component that I disputed. I have now been awarded both care and mobility for two years.

 

At the same time of my PIP assessment, I was also in the process of claiming UC. the decision maker has concluded to award me the 'Limited capability for work and work related activity' for 12 months, the letter states that this will be reviewed in 12 months or 'thereafter'. I requested a copy of my medical report and the assessor has suggested 'review in the medium term'. Does anyone have any guidelines to the timeframe of medium term? As I inclined to put in a mandatory reconsideration, as 12 months seems quite short-term to me.

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Congratulations on getting your PIP award amended.

 

Regarding the UC claim, 12 months or thereafter could quite easily be considered medium term - short would be 3 or 6 months and even people with incurable degenerative conditons rarely get more than 3 years respite. Whilst it probably can't hurt to ask for a reconsideration, it's also probably a waste of your time.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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