- Posts: 5
× Members
PIP M.R FAIL
- Ade
- Topic Author
- Offline
Less More
6 years 3 months ago #205595 by Ade
PIP M.R FAIL was created by Ade
Hi everyone
My first post
My MR review has failed
After a home visit & Atos report that was filled with miss truths, I am wondering can I ring and speak to the case mansger as I am at a loss that they are not following the assessment Criteria published Nov 2017....
I was on a indefinite award of DLA for Care and mobility from 2009 because of a broken pelvis which I had extensive surgery which never healed, then the metal work failed as well, I’ve been left with a lot of Disability from the car crash and surgery. I have restricted walking, I have a overactive bladder and suffer incontience, I have loss of feeling in my right leg, limited movement to my right shoulder joint, arthritis in my right hip, I need a hip replacement which they can’t do because of instability in pelvis , anxiety depression arthritis in joints ... I also suffer Chronic pain, fatigue and side effects of my vast medication
Mobility ...I said I could walk 20 to 50 meters only with severe pain and that I would not be able to repeat it that day as walking with a broken pelvis is agony! I got 10 Points ... I need 12 to keep my car
I got 3 Points for help in and out of bath, but never got any Points for long handled sponge or strap flannel to do my back! Even though I got 2 Points because I need help to dress lower body.
Cooking They gave me 2 Points for a perching stool I am unable to use, however no points for needing assistants to chop & Peel veg or help carry pans with water in , i even said I’d buy prepared veg... due to arthritis in wrist and pain from rods in back and leg descrepence I just can’t manage preparing veg and carrying pans.
Toilet needs... they gave me Two Points for incontience pads but no help to clean up if I leak ...
overall I scored 9 care and 10 mobility
I am going to complain about Atos report. Plus go to tribunal however is it worth ringing DM, as she never rang me, I did say I was waiting on a doctors report however I did included a consultant letter.. he was general saying he supported all my physical and care needs and confirmed my level of disability....
Thank you in advance for any guidance
My first post
My MR review has failed
After a home visit & Atos report that was filled with miss truths, I am wondering can I ring and speak to the case mansger as I am at a loss that they are not following the assessment Criteria published Nov 2017....
I was on a indefinite award of DLA for Care and mobility from 2009 because of a broken pelvis which I had extensive surgery which never healed, then the metal work failed as well, I’ve been left with a lot of Disability from the car crash and surgery. I have restricted walking, I have a overactive bladder and suffer incontience, I have loss of feeling in my right leg, limited movement to my right shoulder joint, arthritis in my right hip, I need a hip replacement which they can’t do because of instability in pelvis , anxiety depression arthritis in joints ... I also suffer Chronic pain, fatigue and side effects of my vast medication
Mobility ...I said I could walk 20 to 50 meters only with severe pain and that I would not be able to repeat it that day as walking with a broken pelvis is agony! I got 10 Points ... I need 12 to keep my car
I got 3 Points for help in and out of bath, but never got any Points for long handled sponge or strap flannel to do my back! Even though I got 2 Points because I need help to dress lower body.
Cooking They gave me 2 Points for a perching stool I am unable to use, however no points for needing assistants to chop & Peel veg or help carry pans with water in , i even said I’d buy prepared veg... due to arthritis in wrist and pain from rods in back and leg descrepence I just can’t manage preparing veg and carrying pans.
Toilet needs... they gave me Two Points for incontience pads but no help to clean up if I leak ...
overall I scored 9 care and 10 mobility
I am going to complain about Atos report. Plus go to tribunal however is it worth ringing DM, as she never rang me, I did say I was waiting on a doctors report however I did included a consultant letter.. he was general saying he supported all my physical and care needs and confirmed my level of disability....
Thank you in advance for any guidance
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51209
6 years 3 months ago #205616 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP M.R FAIL
Adrienne
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
However, before doing so I would strongly recommend that you re-visit the PIP Claim guide, from your post you appear to have been scored correctly!
Gordon
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
However, before doing so I would strongly recommend that you re-visit the PIP Claim guide, from your post you appear to have been scored correctly!
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.
- Ade
- Topic Author
- Offline
Less More
- Posts: 5
6 years 3 months ago #205652 by Ade
Replied by Ade on topic PIP M.R FAIL
Thank you Gordon,
For you advice, I will do all you advise!
Might I ask a couple of questions
Washing ... am I not able to have a long handed sponge to wash below the waist as I can bearly bend and a strap flannel, plus shower stool and a bath board , Or I’m i disallowed because I get help getting in and out?
Preparing food.... can I not get help to carry pans full of water and veg, and help to peel veg?
Moving around .... my own stupid mistake for guessing distance I put 20 to 50 meters in reality I cannot walk that far I did tell the Atos person, but she left it out, and put it in my MR but they ignored it ... however I am not able to have it changed to 1- 20 meters because I cannoti walk without sever pain, nor could I repeat this distance? Is pain or not being able to repeat a activity classed as not being able to do it?
Toilet needs... if you are incontient are you not able help to clean up?
Thanks in advance
For you advice, I will do all you advise!
Might I ask a couple of questions
Washing ... am I not able to have a long handed sponge to wash below the waist as I can bearly bend and a strap flannel, plus shower stool and a bath board , Or I’m i disallowed because I get help getting in and out?
Preparing food.... can I not get help to carry pans full of water and veg, and help to peel veg?
Moving around .... my own stupid mistake for guessing distance I put 20 to 50 meters in reality I cannot walk that far I did tell the Atos person, but she left it out, and put it in my MR but they ignored it ... however I am not able to have it changed to 1- 20 meters because I cannoti walk without sever pain, nor could I repeat this distance? Is pain or not being able to repeat a activity classed as not being able to do it?
Toilet needs... if you are incontient are you not able help to clean up?
Thanks in advance
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51209
6 years 3 months ago #205679 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP M.R FAIL
Adrienne
From your posts;
Washing - you are assessing yourself as needing to use and aid to wash your lower body, this scores 2 points, less than what you have scored for your problems for getting in and out of a standard bath or shower.
Preparing Food - The DWP will argue that you do not need to carry pans of water, you can place an empty pan on the hob and then fill it using a container that you can manage, once the food is cooked you can remove it using a slotted spoon to a nearby plate. There are aids that you can use for peeling and chopping vegetables.
Moving Around - If you specified 20m-50m on your form and did not amend it subsequently then I don't think that you will have much leverage to get a shorter distance considered at an MR. You could report a Change, bit this would result in a full reassessment of your claim.
Toilet needs - You would need to show a need for assistance, your posts don't identify what the requirement for assistance is!
Gordon
From your posts;
Washing - you are assessing yourself as needing to use and aid to wash your lower body, this scores 2 points, less than what you have scored for your problems for getting in and out of a standard bath or shower.
Preparing Food - The DWP will argue that you do not need to carry pans of water, you can place an empty pan on the hob and then fill it using a container that you can manage, once the food is cooked you can remove it using a slotted spoon to a nearby plate. There are aids that you can use for peeling and chopping vegetables.
Moving Around - If you specified 20m-50m on your form and did not amend it subsequently then I don't think that you will have much leverage to get a shorter distance considered at an MR. You could report a Change, bit this would result in a full reassessment of your claim.
Toilet needs - You would need to show a need for assistance, your posts don't identify what the requirement for assistance is!
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.
- Ade
- Topic Author
- Offline
Less More
- Posts: 5
6 years 3 months ago #205703 by Ade
Replied by Ade on topic PIP M.R FAIL
Thank you again Gordon
I'm not very good at explaining myself sorry!
Washing ... I mean can I not get points for the aids I also need to use. As well as the points for getting help in and out..... they have already given me points for dressing my lower body because of my restrictions in my pelvis & back )
Preparing food .... Comments noted, do you get extra points for each aid you might need to use...
Moving around .... As I cannot walk without sever pain, only very slowly and unable to repeat ... Is it not classed as not being able to reliably able to complete task? I was not asked about my walking at home visit, I did tell her I could only walk 20 meters but only with sever pain ... This was also written on my application form.
Thanks agin
I'm not very good at explaining myself sorry!
Washing ... I mean can I not get points for the aids I also need to use. As well as the points for getting help in and out..... they have already given me points for dressing my lower body because of my restrictions in my pelvis & back )
Preparing food .... Comments noted, do you get extra points for each aid you might need to use...
Moving around .... As I cannot walk without sever pain, only very slowly and unable to repeat ... Is it not classed as not being able to reliably able to complete task? I was not asked about my walking at home visit, I did tell her I could only walk 20 meters but only with sever pain ... This was also written on my application form.
Thanks agin
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51209
6 years 3 months ago #205728 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP M.R FAIL
Adrienne
You have misunderstood the scoring, you can only score for one Descriptor in each activity, the highest one you meet on the majority of days, so for washing as the Descriptor that takes account of aids only scores 2 points it is superseded by the 3 point Descriptor for problems getting in and out of a shower or bath.
In a similar vein, you can only score 2 points for aids in the Preparing Food activity however many aids you use.
As to Moving Around, in your first post you stated "20 to 50 meters".
If this is what you stated on the form then I don't think you have any reasonable chance of overturning the Decision, even at appeal, as you would have had an opportunity to correct the error before the Decision was made.
If you said 1m-20m, then you will need to explain in detail why you are limited, a key aspect of this will be what you said you could do on the form and particularly in the assessment. So whilst this is not completely black and white, if you said that you go out shopping for example, then you are going to struggle to show a restriction of less than 20m.
You need to decide whether you can reasonably show that your walking is more restricted than you have been scored for!
Gordon
You have misunderstood the scoring, you can only score for one Descriptor in each activity, the highest one you meet on the majority of days, so for washing as the Descriptor that takes account of aids only scores 2 points it is superseded by the 3 point Descriptor for problems getting in and out of a shower or bath.
In a similar vein, you can only score 2 points for aids in the Preparing Food activity however many aids you use.
As to Moving Around, in your first post you stated "20 to 50 meters".
If this is what you stated on the form then I don't think you have any reasonable chance of overturning the Decision, even at appeal, as you would have had an opportunity to correct the error before the Decision was made.
If you said 1m-20m, then you will need to explain in detail why you are limited, a key aspect of this will be what you said you could do on the form and particularly in the assessment. So whilst this is not completely black and white, if you said that you go out shopping for example, then you are going to struggle to show a restriction of less than 20m.
You need to decide whether you can reasonably show that your walking is more restricted than you have been scored for!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Ade
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris