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- Liz62
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8 years 11 months ago #134838 by Liz62
health professional was created by Liz62
had my PIP medical with SALUS today. the health professional was a nurse who spent 5-10 minutes before my medical reading over my form. when I went in I had to explain what bppv is, to her. I also had to explain another of my conditions lichen sclerosus well, the nurse said she had never heard of these conditions. I also have chronic abdominal pain from having a hernia repair with mesh. My abdominal pain was ignored during the medical apart from at the end of the medical which lasted one hour. She said she could not check my abdominal pain as she had no weights for me to lift. Is this normal practice at medical ?
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8 years 11 months ago #134842 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic health professional
Liz
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
I assume that this was in connection to a PIP claim?
Whilst all PIP assessors use the same basic approach to the assessment there can still be considerable variation in some of the detail. Some assessors will not carry our any physical or mental health examination, even when one may be justified, others will when then is no need, I suspect that it depends on their background and skills, so I would not read anything specific into their inability to test you. Of course, not having tested you the assessor should be in no position to contest the fact that you have abdominal pain.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
I assume that this was in connection to a PIP claim?
Whilst all PIP assessors use the same basic approach to the assessment there can still be considerable variation in some of the detail. Some assessors will not carry our any physical or mental health examination, even when one may be justified, others will when then is no need, I suspect that it depends on their background and skills, so I would not read anything specific into their inability to test you. Of course, not having tested you the assessor should be in no position to contest the fact that you have abdominal pain.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Liz62
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8 years 10 months ago - 8 years 10 months ago #135342 by Liz62
Replied by Liz62 on topic health professional
Update on my Pip claim
Got my award letter today Scored 0 points on both daily and mobility components. Have phone DWP and asked to get a copy of the assessment carried out by Salus. On reading how the decision maker has come to their decision. I am amazed. I told the HP that when cooking I need help every day as I cannot lift pots on and off the hob. Since I had my hernia repair with mesh I have suffered chronic pain and function by taking painkillers, even with these I cannot lift any thing. Add to the mix my vertigo which means twisting and turning in the kitchen makes my balance even more unstable. I have scalded myself many times and dropped pans on the floor. Even bathing, I struggle to get in and out the bath, using the walls and bath rails to steady myself. Washing my hair is hard, as cannot lie back and even kneeling and leaning for. ward makes the room sway. I find it hard to focus when these attacks hit, trouble is there is no warning of them.
I do not go out without someone whom I can lean on for support as when I walk my balance is unsteady. Meeting people I feel self concious as people have made comments like I look as if I am drunk.
As for the mobility part, yes I can plan a journey, but the only way I am able to follow it is if I have someone to accompany me. Walking means actual holding on to their arm to keep me from stumbling and falling, and walking in a straight direction.
At the end of the DM reason it said I was observed removing and putting on my jacket. Being able to stand without trouble and walk. And to open a heavy fire door. Truth is I never removed my jacket. I used the desk as support to stand, and my companion helped me stand. I walked very slowly holding onto my companion. She opened all doors for me..
On the phone to the DWP I was told to start the process for them to look at my claim. Have written and photocopied letter in which I am querying how they have come to their decision. I assume once I get the copy of the report sent to DWP I can make a formal request to be re-assessed.
hugs Liz62
Got my award letter today Scored 0 points on both daily and mobility components. Have phone DWP and asked to get a copy of the assessment carried out by Salus. On reading how the decision maker has come to their decision. I am amazed. I told the HP that when cooking I need help every day as I cannot lift pots on and off the hob. Since I had my hernia repair with mesh I have suffered chronic pain and function by taking painkillers, even with these I cannot lift any thing. Add to the mix my vertigo which means twisting and turning in the kitchen makes my balance even more unstable. I have scalded myself many times and dropped pans on the floor. Even bathing, I struggle to get in and out the bath, using the walls and bath rails to steady myself. Washing my hair is hard, as cannot lie back and even kneeling and leaning for. ward makes the room sway. I find it hard to focus when these attacks hit, trouble is there is no warning of them.
I do not go out without someone whom I can lean on for support as when I walk my balance is unsteady. Meeting people I feel self concious as people have made comments like I look as if I am drunk.
As for the mobility part, yes I can plan a journey, but the only way I am able to follow it is if I have someone to accompany me. Walking means actual holding on to their arm to keep me from stumbling and falling, and walking in a straight direction.
At the end of the DM reason it said I was observed removing and putting on my jacket. Being able to stand without trouble and walk. And to open a heavy fire door. Truth is I never removed my jacket. I used the desk as support to stand, and my companion helped me stand. I walked very slowly holding onto my companion. She opened all doors for me..
On the phone to the DWP I was told to start the process for them to look at my claim. Have written and photocopied letter in which I am querying how they have come to their decision. I assume once I get the copy of the report sent to DWP I can make a formal request to be re-assessed.
hugs Liz62
Last edit: 8 years 10 months ago by .
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8 years 10 months ago #135346 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic health professional
Liz
You normally have one month to request a Mandatory Reconsideration, it is likely that your phone call will have been accepted as you making a request for one. We always recommend following up any telephone request in writing, you can delay sending this but should not exceed the one month even if you have not received the assessors report as doing so introduces further issues that will only complicate the process further.
Have a look at our PIP MR & Appeal guide for more information on the process, which also contains template letters you can use for the request. You should also have at the other guides on the following link which may be of assistance in your challenging the Decision.
www.benefitsandwork.co.uk/help-for-claimants/pip
I am guessing that you did not use our claim guide to complete the PIP2 form, it be worth your having a look now to make sure that you have a full understanding of the PIP criteria and DWP guidance as to how they believe that they should be applied (same link).
You should contact the DWP for a copy of the assessment report if you have not already done so, they will not send it unless you have specifically asked for it, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
You normally have one month to request a Mandatory Reconsideration, it is likely that your phone call will have been accepted as you making a request for one. We always recommend following up any telephone request in writing, you can delay sending this but should not exceed the one month even if you have not received the assessors report as doing so introduces further issues that will only complicate the process further.
Have a look at our PIP MR & Appeal guide for more information on the process, which also contains template letters you can use for the request. You should also have at the other guides on the following link which may be of assistance in your challenging the Decision.
www.benefitsandwork.co.uk/help-for-claimants/pip
I am guessing that you did not use our claim guide to complete the PIP2 form, it be worth your having a look now to make sure that you have a full understanding of the PIP criteria and DWP guidance as to how they believe that they should be applied (same link).
You should contact the DWP for a copy of the assessment report if you have not already done so, they will not send it unless you have specifically asked for it, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Liz62
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- Liz62
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8 years 9 months ago #137351 by Liz62
Replied by Liz62 on topic Mandatory reconsideration
Got my reconsideration notice today, even though I asked for a copy of the medical report that was carried on by SALUS on me. I have phoned them twice asking for it. So today the MR basically said my medical condition did not agree with what I said of how I cope on a day to day basis. I have vertigo which means my balance is poor and I need assistance with going places. I have chronic mesh pain which means I manage my day on painkillers . Between both of these I am unable to lift, carry or make meals on the hob or oven. they also stated that in walking I could walk on slopes and uneven surfaces. I am bad enough of flat ground.
So my next step is a tribunal. I would be grateful for help in this. Where do I get the form to apply for tribunal ? Also how do I get help to have a representative to help me when the case is called ?
So my next step is a tribunal. I would be grateful for help in this. Where do I get the form to apply for tribunal ? Also how do I get help to have a representative to help me when the case is called ?
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8 years 9 months ago #137358 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic health professional
Liz
The PIP Appeal guide has links to the form you need to send and instructions on how to complete it. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
You may be able to find a Representative by doing an internet search for "welfare advice" with your postcode, town or county. You can also try any charities that support the conditions that you suffer from. I have to warn you that you may struggle to find help as Legal Aid is no longer available in this area.
Your post suggests that you have been asking Salus for your assessment report, they will not be able to supply this, you need to contact the DWP office that is dealing with your claim.
Gordon
The PIP Appeal guide has links to the form you need to send and instructions on how to complete it. See
www.benefitsandwork.co.uk/help-for-claimants/esa1
You may be able to find a Representative by doing an internet search for "welfare advice" with your postcode, town or county. You can also try any charities that support the conditions that you suffer from. I have to warn you that you may struggle to find help as Legal Aid is no longer available in this area.
Your post suggests that you have been asking Salus for your assessment report, they will not be able to supply this, you need to contact the DWP office that is dealing with your claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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