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PIP Turned down - decision is based on absolute opposite of what I said! Help!

144 replies

ItsDisneyBitch · 23/03/2022 22:56

I had an hour call with PIP Assessor for DD, the DLA has been stopped as of this month.

The summary given has completely glossed over all the problems DD has! And contradicted all the points I have made.

Has anyone appealed successfully?

OP posts:
Thelnebriati · 23/03/2022 23:37

60% of PIP refusals get overturned on appeal so it is absolutely worth appealing, and they've given you grounds as they have misrepresented the evidence you offered.

Rubyupbeat · 23/03/2022 23:44

Yes. My friend has been successful.
You also need someone with you, or record the conversation as back up.
My friend said to read the original decision, was like reading about a completely different person.

ItsDisneyBitch · 23/03/2022 23:58

An example is this; can she prepare a meal. My answer was she won’t eat or eats cereal unless someone can cook for her. I am the only person allowed near her food or she won’t eat. The one time she tried to cook I had to talk her through the oven and leave visual aid and a FaceTime to help.

They took this as she can cook and handle food. Well she can’t!

OP posts:
Chloemol · 23/03/2022 23:58

Yes with two family members, one of whom has a degenerative disease that apparently ( according to them) is much better ! It’s not

Hours wasted on appeal but got it

MrsPsmalls · 24/03/2022 00:07

Honestly though op don't give them so much info. Can she prepare a meal? The answer is 'no'. No chat about cereal, just 'no'. 'She definitely can't prepare a meal' 'She would be a danger to herself and others if she attempted to prepare a meal' Ad infinitum. Don't be tempted to fill any silences with what she can do!

PollyPutTheKettleOnKettleOn · 24/03/2022 00:07

@ItsDisneyBitch

An example is this; can she prepare a meal. My answer was she won’t eat or eats cereal unless someone can cook for her. I am the only person allowed near her food or she won’t eat. The one time she tried to cook I had to talk her through the oven and leave visual aid and a FaceTime to help.

They took this as she can cook and handle food. Well she can’t!

Then the answer is no.

Definitely appeal and good luck

WorldGoneWrong · 24/03/2022 00:25

Appeal it.

I don't want to say to much about what my relative went through but started with the incorrect assessment/lies, it was outrageous and did get overturned but by then (months later) they'd passed away which was partly as a result of the stress of it all. They must have thresholds for the percentage to reject or some of their assessors are really incompetent imo because I know of at least 3 others with lies/very incorrect assessments too. All overturned.

Shirtyllama · 24/03/2022 00:30

I've helped family member with successful PIP applications. You can't be ambiguous, if you give the impression they can eg take the bus or prepare a meal sometimes, it will be read as "they can do it". You need to describe the worst days if they mostly can't do the task. Not the 1 day in 10 when they did manage it. If they need help most of the time, you need to say they need help.

Woolandwonder · 24/03/2022 01:48

I'm currently going through this. I've been rejected on my initial assessment and the mandatory reconsideration so am now having to go to appeal.
It's totally unreal. I say "I can't do X and take X, X and X medications daily to manage pain". Assessor report says "Woolandwonder can do X and takes no medication regularly for pain"
I'm now being supported by the charity fightback4justice for my appeal and whilst there are no guarantees they are really good.

TakemedowntoPotatoCity · 24/03/2022 04:27

The problem was with your second sentence. You left her with a visual aid to help, but by this admission she did manage it!
Agree with pp it's a case of TMI. Don't give them any ammunition.

BOOTS52 · 24/03/2022 05:35

It is probably different here but most cases are refused or at least 90 per cent of them over here and then on appeal if you offer new evidence and stick to the facts or any letter from a doctor etc to support your claim you will win the appeal. Shocking that they refuse so many and so many are overwhelmed with it all so do not appeal that is why they make things like this all so difficult. Also tell them that the person you talked to kept twisting what you were saying and just stick to no she cannot cook etc

ItsDisneyBitch · 24/03/2022 06:49

I was told on the phone to give examples. Oh gods it’s a nightmare,

OP posts:
cansu · 24/03/2022 06:55

You need to be very definite. Only give examples that support what you have said. I was called once. I gave the exact answers I had put on the form. I had it copied beside me.

PuppyPowerTool · 24/03/2022 06:55

They lie. You have to play the game. Outrageous though it is.
I have half a leg missing. For various reasons I can't use a prosthetic or crutches, so use a wheelchair. My report said I could walk two metres. I can't work out why they would say that! Good luck. You need to be strong and resilient when dealing with the DWP.

QueenLagertha · 24/03/2022 06:56

Yes OP but stick to why she can't make a meal, do not point out what she can do. You have told the assessor that she can cook with aids and prompts. So for example state that she can't make a meal due to lack of motivation/cognitive impairment secondary to intellectual disability/ poor safety awareness as she burned or cut herself when she tried. Hope you get sorted.

Gunpowder · 24/03/2022 06:59

Wow. What a shit system. I’m so sorry OP. I hope your appeal is upheld.

Adeleskirts · 24/03/2022 07:06

I think you’ve tried to be too honest and given too much info. The example you’ve given is basically you have answered yes she can cook.

You’ve said you left her some pics showed her how to use the oven, left her alone and she cooked you just FaceTimed her, but she did it. So saying she can cook isn’t contradictory, I’m sorry. After that response it would be wrong of the assessor to say no she can’t.

The question also wasn’t will she or not. It was can she, and you’ve responded with yes, with thr right support she can. If you had just said no, it would have left no room for ambiguity, but I’m not sure no, is factually correct, as you have said you showed her how to use the oven, left some pics and she cooked, if she wasn’t able, you’d not have done this.

DameMargaretofChalfont · 24/03/2022 07:07

@ItsDisneyBitch

I was told on the phone to give examples. Oh gods it’s a nightmare,
Then you say "I can't give an example of that because she is not capable of doing it".

Honestly OP you have given them too much information and they have jumped on it.

In their eyes if she can do a meal once (with visual aids etc) then she can do it again.

Never offer any information about what they can do. Your focus is to highlight their average worst day using phrases such as:-
She is unable to do .....
She needs full supervision to do ......
Trying to do ........ results in trauma/anxiety/panic attacks etc

Definitely appeal the decision and focus on what she can't do rather than offering information on her positives. Good Luck.

JovialNickname · 24/03/2022 07:08

From the information you gave, she can prepare a meal. Cereal is a meal (a shit one and far from ideal, but a meal) and she can prepare something better with visual aids. This is what they will take from your application, the literal facts not the spirit in which your response was intended. Good luck in your appeal, appeals have a high success rate so I hope you're successful. Plus I agree with PPs - just say no to the question, don't give ammunition!

70kid · 24/03/2022 07:35

yes I’ve helped friends and family to get it several times with no appeals
My niece got it last year and it took six months start - finish to be placed in the high rate groups for both support levels . I filled out her forms and put all the correct information .
She had a telephone interview and we did mock interviews to prepare her 😂 with things they would ask and could be interpreted a different way .

You don’t elaborate it’s either
Yes - She can do XYZ
No she can’t do XYZ
And each answer should in theory relate to the others

So they ask can she cook and prepare a meal
You answer No she can’t - because of her condition & disability she would be a danger to herself and others
She can’t do this reliably and with safety

If she takes medication put a copy of the medication in with the appeal
If she is not capable of making a meal it stands to reason that she would also not be capable of taking her medication safely and reliably either and needs someone to give her medication for her safety and reliability.

If it’s a physical disability such as walking or struggling using her hands and using a wheelchair

Then with the questions about getting dressed it stands to reason that she needs help getting dressed if her dexterity in her hands means she can’t undo or do up buttons or tie up laces

If she needs help getting dressed then it stands to reason she needs help with personal care for the sane reasons as above

If she has a wheelchair that is pushed by another persons this would be because she can’t use her hands to push it . If she can’t used her hands to push a wheelchair then it stands to reasons she would struggle to use her hands to do other stuff .

If you have a dog - which is often one of the questions asked and you say yes because you do even if you don’t walk it
they will assume you can walk, bend down and pick up dog shit and get back up to a standing position
Plan a route - no problem in going out on your own so no anxiety in public places
Hold a dog lead and Pooh bag - so no problems with hands and dexterity

If they ask do you watch tv and you say yes you watch tv
From you saying yes - they will assume that you can sit in a chair upright for at least 30 mins
So if you can do this you can sit in a chair in a office

You can concentrate easily on the tv
So you can concentrate in work setting

If you say you drive - even if you don’t have a car from that they will assume you can stand up sit down use both hands and feet with no support .
Move from a seated to standing position and standing to seated position

Can concentrate easily and plan a route
Have no problems with being anxious and going out on your own to public places

If they ask do you go to the shops and you say yes
Then they will assume that you have no problems walking going and out on your own

Can pick up items carry bags
Plan a route & no problems with being anxious in public places

It’s how you answer the questions and how they can be interpreted by the assessor

70kid · 24/03/2022 07:40

Those are just examples of how they can interpret what you say into something completely different they probably don’t apply to your daughter but you can see how they twist things

Using the words reliably and safely is words that I would use as much as possible as it means the individual cant do XYZ in a safe and reliable manner in the same way that another persons is able to do

70kid · 24/03/2022 07:46

@PuppyPowerTool

If your wheelchair is from the enablement Center
Get a letter from your doctor confirming this even if you have to pay for it .
Put this letter in with any appeal and keep it for further assessments in the future it won’t matter how old the letter is but it proves that you have a prescribed wheelchair and not one that is bought personally
They will often only accept proof of wheelchair use if it’s a prescribed one or one that you get via mobility

Adeleskirts · 24/03/2022 07:53

@70kid

Those are just examples of how they can interpret what you say into something completely different they probably don’t apply to your daughter but you can see how they twist things

Using the words reliably and safely is words that I would use as much as possible as it means the individual cant do XYZ in a safe and reliable manner in the same way that another persons is able to do

In the example given I’m not sure it is twisted though. The op has basically said, yes she can even use the oven when she’s alone. It’s very difficult to argue from the answer given that she cannot cook.
MargaretThursday · 24/03/2022 07:55

Pip form is a nightmare. Appeal-most seem to success.

I can totally see why they have put down that she can cook from that description.
What you told them is that she's only tried once but managed without you there and she hasn't/you haven't let her try again.
That may not be the reality by any means, but from what you said, I can see how they reached that conclusion.

If you put on here "AIBU to say my dd can't cook. The one time she tried to cook I had to talk her through the oven and leave visual aid and a FaceTime to help."

You would get loads of responses saying "well if she's never cooked before then of course you have to talk her through. Wait until she's done it a few times. Just let her, and she'll soon be fine."
And they'd be right for a NT person. You may know that she won't improve.

So before you appeal, think about the questions they asked and work out your answers.
Can she cook? No-tried but even with extensive support she is a danger to herself.

From my understanding they don't do long answers. So yes/no or possibly "yes with assistance".

Roselilly36 · 24/03/2022 08:14

It’s a awful process, definitely appeal, good chance you will be successful. Good luck.