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Desicion Made, no mobilty, higher rate care
- lollo1
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8 years 4 months ago #145089 by lollo1
Desicion Made, no mobilty, higher rate care was created by lollo1
Daughters decision came this morning. Higher rate car with 17 points although not relevant to the areas that she has difficulties with. No mobility (rubbish in my opinion) and that her condition will change (Autism) so a review in May 2017. Gutted would be an understatement.
Daily care
Preparing Food: 4
Managing therapy: 4
Washing and Bathing: 2
Managing Toilet needs: 0
Dressing and Undressing: 2
Communicating Verbally: 0
Reading and Understanding Signs, Symbols and Words: 0
Engaging with other people face to face: 2
Making Budgeting Decisions: 2
Planning and following journeys: 4
Moving around: 0
Awarded till 22nd June 2018 but will be in contact 22 May 2017.
I have gone ahead and asked for MR as I think the decision is totally wrong. She is Autistic and is unable to travel in both familiar and unfamiliar places alone. She is unable to plan and/or navigate a journey alone. She has a taxi provided to school ( a specialist provision) with a chaperone due to her Autism/sensory and cognitive abilities. She is unable to independently travel. I am a child pedestrian trainer and teach road safety to children and young adults some with SEN aged 3/25. My daughter is unable to recognise where is safe to cross, how to use safe places to cross and finds travelling on public transport very difficult due to her sensory issues.
My understanding of her scoring on Daily living is that the DM has decided that she can make complex budgeting decisions. That is not the case and was made very clear that even very basic decisions are above her ability. That I was also her appointee as she is unable to make her own appointments or even able to use a phone or mobile phone. She would be unable to pay bills or set up any type of direct debit or make day to day budgeting decisions without a very high level of support. Also she needs support with communication complex written and verbal information. She is unable to make a simple meal and needs support with simple tasks like cereal and milk. Engaging face to face she needs a high level of support and does not engage socially at all and needs a high level of support and prompting.
I just need to know what kind of extra evidence I need to gather as I put all her consultants letters and care plans into her pip 2 as evidence. I have contacted her school and the independent travel workers with=in the provision to get letters of support.
I am obviously worried that she stands a chance of loosing what she has been awarded.
Daily care
Preparing Food: 4
Managing therapy: 4
Washing and Bathing: 2
Managing Toilet needs: 0
Dressing and Undressing: 2
Communicating Verbally: 0
Reading and Understanding Signs, Symbols and Words: 0
Engaging with other people face to face: 2
Making Budgeting Decisions: 2
Planning and following journeys: 4
Moving around: 0
Awarded till 22nd June 2018 but will be in contact 22 May 2017.
I have gone ahead and asked for MR as I think the decision is totally wrong. She is Autistic and is unable to travel in both familiar and unfamiliar places alone. She is unable to plan and/or navigate a journey alone. She has a taxi provided to school ( a specialist provision) with a chaperone due to her Autism/sensory and cognitive abilities. She is unable to independently travel. I am a child pedestrian trainer and teach road safety to children and young adults some with SEN aged 3/25. My daughter is unable to recognise where is safe to cross, how to use safe places to cross and finds travelling on public transport very difficult due to her sensory issues.
My understanding of her scoring on Daily living is that the DM has decided that she can make complex budgeting decisions. That is not the case and was made very clear that even very basic decisions are above her ability. That I was also her appointee as she is unable to make her own appointments or even able to use a phone or mobile phone. She would be unable to pay bills or set up any type of direct debit or make day to day budgeting decisions without a very high level of support. Also she needs support with communication complex written and verbal information. She is unable to make a simple meal and needs support with simple tasks like cereal and milk. Engaging face to face she needs a high level of support and does not engage socially at all and needs a high level of support and prompting.
I just need to know what kind of extra evidence I need to gather as I put all her consultants letters and care plans into her pip 2 as evidence. I have contacted her school and the independent travel workers with=in the provision to get letters of support.
I am obviously worried that she stands a chance of loosing what she has been awarded.
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8 years 4 months ago #145095 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Desicion Made, no mobilty, higher rate care
loll01
If you request an MR then the Decision will be remade meaning that the current award can be reduced or even removed although as your daughter scored at least 16 points for Daily Living, I think her Enhanced award is probably safe.
My personal view is that there is no benefit to you challenging the points she scored for Daily Living, if she scores more points it will not increase the award that has been made and the length of the award is not points based. It is very unlikely that a future re-assessment will make any reference to this one, so I think it unlikely that "missed" problems will be an issue.
With regard the Mobility, there appears to be an acceptance of her having problems Going Out, the issue is in part how severe those problems are and in part how she is able to deal with them, there are some documents in the PIP Appeal section that cover arguing against the DWP's view of prompting.
Gordon
If you request an MR then the Decision will be remade meaning that the current award can be reduced or even removed although as your daughter scored at least 16 points for Daily Living, I think her Enhanced award is probably safe.
My personal view is that there is no benefit to you challenging the points she scored for Daily Living, if she scores more points it will not increase the award that has been made and the length of the award is not points based. It is very unlikely that a future re-assessment will make any reference to this one, so I think it unlikely that "missed" problems will be an issue.
With regard the Mobility, there appears to be an acceptance of her having problems Going Out, the issue is in part how severe those problems are and in part how she is able to deal with them, there are some documents in the PIP Appeal section that cover arguing against the DWP's view of prompting.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- lollo1
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8 years 4 months ago #145108 by lollo1
Replied by lollo1 on topic Desicion Made, no mobilty, higher rate care
Thanks Gordon. I requested a copy of the HP report twice and still do not have it. My daughter had an appointment with Atos that they then cancelled due to her communication difficulties. A paper based assessment was done but today after requesting an MR I rang back to ask had the HP report been sent and the gent said it had been requested again but could take up to 3 weeks. So how do I submit a written MR when I am not sure of what to argue against. Any advice on the next step would be great. By the way her school have said they will do further letters from individual members to support the MR.
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8 years 4 months ago #145110 by lollo1
Replied by lollo1 on topic Desicion Made, no mobilty, higher rate care
Sorry I also forgot to ask that when I put my letter together for my MR how much detail do I go into. I believe my daughter meets the requirements of 11 f for mobility: Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points.
She is Autistic has sensory/communication/learning difficulties and cognitive impairments all associated to the Autism. She is unable to cope with crowds or loud noises and will often have melt downs causing severe psychological distress and crying/distress for hours. She is unable to plan a route using things such as maps, bus timetables or even ask for help when she becomes lost or a small diversion or change in the route was to occur. Due to her impairments she is unable to follow a familiar journey alone without support, prompting and assistance, so even something like a walk from our house to a local shop would be impossible alone. If there were any diversions or road works taking place she would be unable deal with these changes or work out which way to go alone or follow alternative directions unassisted. Due to her impairments she is unable to know who/how to ask for help. Due to her impairments she has difficulty with concentration, memory and attention. She also is at a high risk of getting lost and would be unable to recover emotionally and would be unable to complete her journey to the intended destination.
She is unable to identify a safe place to cross, she is unable to identify the stages of the green cross code and is unable to identify potential risks when crossing the road.
Do I put all of this and more into my MR and sate what level of PIP mobility she meets. I have read through the appeals guide and am I correct in thinking that I just state in my letter that further supporting information/evidence will follow.
She is Autistic has sensory/communication/learning difficulties and cognitive impairments all associated to the Autism. She is unable to cope with crowds or loud noises and will often have melt downs causing severe psychological distress and crying/distress for hours. She is unable to plan a route using things such as maps, bus timetables or even ask for help when she becomes lost or a small diversion or change in the route was to occur. Due to her impairments she is unable to follow a familiar journey alone without support, prompting and assistance, so even something like a walk from our house to a local shop would be impossible alone. If there were any diversions or road works taking place she would be unable deal with these changes or work out which way to go alone or follow alternative directions unassisted. Due to her impairments she is unable to know who/how to ask for help. Due to her impairments she has difficulty with concentration, memory and attention. She also is at a high risk of getting lost and would be unable to recover emotionally and would be unable to complete her journey to the intended destination.
She is unable to identify a safe place to cross, she is unable to identify the stages of the green cross code and is unable to identify potential risks when crossing the road.
Do I put all of this and more into my MR and sate what level of PIP mobility she meets. I have read through the appeals guide and am I correct in thinking that I just state in my letter that further supporting information/evidence will follow.
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8 years 4 months ago #145118 by Gordon
As a Decision on your daughters claim has now been made I would not expect there to be any delays in you now receiving the assessment report, but even if there are you, you have one month from the date of the Decision to submit an MR and even longer if you can show Good Cause for it being late.
Your primary task is to show that she meets the criteria for an award, there will be many reasons why she has 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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Desicion Made, no mobilty, higher rate care
loll01 wrote: Thanks Gordon. I requested a copy of the HP report twice and still do not have it. My daughter had an appointment with Atos that they then cancelled due to her communication difficulties. A paper based assessment was done but today after requesting an MR I rang back to ask had the HP report been sent and the gent said it had been requested again but could take up to 3 weeks. So how do I submit a written MR when I am not sure of what to argue against. Any advice on the next step would be great. By the way her school have said they will do further letters from individual members to support the MR.
As a Decision on your daughters claim has now been made I would not expect there to be any delays in you now receiving the assessment report, but even if there are you, you have one month from the date of the Decision to submit an MR and even longer if you can show Good Cause for it being late.
Your primary task is to show that she meets the criteria for an award, there will be many reasons why she has 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.
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.
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8 years 4 months ago #145119 by Gordon
You do not have to go into detail in the letter requesting the MR, you can tell them that you will be providing further information as soon as you can, for example; when you receive the assessment report, you should be given four weeks to do this, but sooner is better than later.
So if you get the report in time it might be easier to do it all in one, that way there is no risk of the DM looking at her claim before you have sent in more information, which unfortunately does happen.
You need to be aware that the revision rate at MR is quite low and appears to be lower the more detailed your original submission was, we do see awards being made at this stage, but many of our members have only seen a result at an appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Desicion Made, no mobilty, higher rate care
loll01 wrote: Sorry I also forgot to ask that when I put my letter together for my MR how much detail do I go into. I believe my daughter meets the requirements of 11 f for mobility: Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points.
She is Autistic has sensory/communication/learning difficulties and cognitive impairments all associated to the Autism. She is unable to cope with crowds or loud noises and will often have melt downs causing severe psychological distress and crying/distress for hours. She is unable to plan a route using things such as maps, bus timetables or even ask for help when she becomes lost or a small diversion or change in the route was to occur. Due to her impairments she is unable to follow a familiar journey alone without support, prompting and assistance, so even something like a walk from our house to a local shop would be impossible alone. If there were any diversions or road works taking place she would be unable deal with these changes or work out which way to go alone or follow alternative directions unassisted. Due to her impairments she is unable to know who/how to ask for help. Due to her impairments she has difficulty with concentration, memory and attention. She also is at a high risk of getting lost and would be unable to recover emotionally and would be unable to complete her journey to the intended destination.
She is unable to identify a safe place to cross, she is unable to identify the stages of the green cross code and is unable to identify potential risks when crossing the road.
Do I put all of this and more into my MR and sate what level of PIP mobility she meets. I have read through the appeals guide and am I correct in thinking that I just state in my letter that further supporting information/evidence will follow.
You do not have to go into detail in the letter requesting the MR, you can tell them that you will be providing further information as soon as you can, for example; when you receive the assessment report, you should be given four weeks to do this, but sooner is better than later.
So if you get the report in time it might be easier to do it all in one, that way there is no risk of the DM looking at her claim before you have sent in more information, which unfortunately does happen.
You need to be aware that the revision rate at MR is quite low and appears to be lower the more detailed your original submission was, we do see awards being made at this stage, but many of our members have only seen a result at an appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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