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Received PIP decision today & a happy Christmas to

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8 years 4 months ago #146933 by Ria67
Hi the decision was
11 points for care & 8 points for moving around mobility
I was on the highest rates of care and mobility & the car is being collected on 19th of Jan

My question or biggest question is at assessment I fainted (almost twice) you know my hearing went and sight I was drenched but the first time the HP said we will have re book you (I REALLY didn't want that as I pass out all the time when not laying down) though she wouldn't let me lay on a couch there at first as 'she had never used it'
The second time I said I take full responsibility for the exam table I was just about collapse

So most of the assessment was done on a exam table

I was asked if hypothetically could plan a route I knew if my friend lived over the road
I said I don't get what you mean, she said I'm asking if you do it just if your friend lived over the road can you imagine how to get to the house from yours, remember she lives opposite you & you are not actually doing the journey just thinking it through in your mind
I said yes I guess I could
I also said but I couldn't actually get there in real life (she said that doesn't matter)
I was really confused but felt hellish & scared
Now I see I lose the car because of this and I have only been out 8 times in a year maximum and only and always with my husband or son (21)

Now I need to put in a reconsideration but my husband has just fallen & going for an MRI (Xmas joy)
I need help writing the reply I've read I need to do this within a month but my cab in Devon can't help me only one benefit adviser in Devon
HELP SOMEONE
IVE RECEIVED DLA HIGHER RATE SINCE 2002 and been chronically ill since 2000
Thanks in advance

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8 years 4 months ago - 8 years 4 months ago #146935 by Gordon
Ria

Sorry to hear about your award I guess you could have done without hearing the news just before Christmas.

The first stage to challenging the Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process and template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, 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
Last edit: 8 years 4 months ago by Gordon.
The following user(s) said Thank You: Ria67

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8 years 3 months ago #146975 by Ria67
Hi Gordon, thank you for replying during Christmas that was kind. Understand I need to be factual & the assessment agrees I can't walk over 50 metres
It's planning a journey DWP & I really disagree on & the way I was asked. I can't understand how imagining a journey after she said "your friend lives opposite you, can you hypothetically imagine how to get there?"
But I have balance problems and simply can't go out alone
Do you mean ague the distance not the journey question?
Sorry to be a bother I was glad to receive both at regular rate as I have severe CFS/ME and I've read awful reports about how people are treated
Merry Christmas

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  • foss27
8 years 3 months ago #146980 by foss27
Hi

I think you need to challenge the award for planning the journey.
First of all you need to look at the reasoning in the decision makers report, ie the assessment confirms can plan a journey.
Then you need to look at what the assessor wrote in their report. Did they actually state in the report can imagine visiting friend if they lived opposite? I would argue that this doesn't constitute planning a journey. Crossing a road is not a journey.
If the decision maker says you can walk more than 20 metres are you going to challenge this? The way to get the car back seems to me the maximum points for unable to walk more than 20 metres? Otherwise you have to add the moving and planning/following journey together to get the 15 points?

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8 years 3 months ago #147042 by Ria67
Thank you for your reply. Yes honestly I was asked exactly what I have written after trying to clarify the question.
The assessor wasn't actually nasty in way apart saying I couldn't lay on the exam couch as it wasn't something she knew how to use.

I feel rather awkward asking for reducing walk distance as in doors on a good day (20% of the time) I can
But without help when out I would be in such a mess I have wheelchair for pain long distances (length of car park to hospital) if my appointment is near the entrance also have it to pass out in you see my balance problems mean I feel like I'm walking on sponges (it's truly horrid)
My dr completely supports me as he has seen how the illness has changed me in every way
My point was the question was asked as I stated and I pointed out my best friend lives in Texas she HP said ok she lives in your road opposite your house hypothetically.
I know I shouldn't focus on what 1 question was but I truly need husband or son with me if I go out (never more than 10 15 times a year) and then to hospital apps which we often have to abbondan
I'm on anti stress meds which I'm wheezing myself off (was on 50mg of diazepam a day) but I've chosen to reduce them over a year and now on 20mg I have these for well fear I guess then they stopped working and I thought enough
But for 15 years I haven't been outside alone not through choice I need someone I trust and who understands with me & my husband said all this to the HP though I got the feeling only what I said was recorded I could be wrong.
Contacted DWP today to request a mandatory resasessment and was was I sure I could lose the length & amount of award but I am sure
I was told that was actioned does anyone know if I have until the 19th of January to appeal with med reports or was the one month to put my appeal in which I have now done?
Also as I'm appealing will I still receive the money awarded? I felt blackmailed I feel so stressed and my illness is far worse with stress
Oh I got the award until 2021 but that may change too I gather?
Lastly I seriously need an adviser in Devon does anyone know if I can use a welfare lawyer for mandatory reconsidation? Some in my area say they charge what you can afford I need a point put across well for me
Sorry I'm just going through hell and just in case anyone reads this thinking get a job I perpetually fatigued health is reliably dreadful and I pass out when sitting of standing up plus pain confusion and forgetfulness etc you really would rather work than be me! Hell I was a nurse & run my own business and now I'm useless I swear if it were just me I would give up with life and call it a day
Please suggest someone who can help one to one I can't go but my husband can and I can listen in to an adviser
Thank you sorry

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8 years 3 months ago #147114 by Ria67
What I really need to know is do I need to get all evidence in by the 19th of this month as my award was dated the 19th of December
PLEASE COULD SOMEONE REPLY TO THIS
DWP SAID OK THATS ACTIONED but here work and benefits & cab say you need to submit info within 1 month which is right please!!??????

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