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PIP Mandatory Reconsideration

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7 years 3 months ago #175519 by Wendy54
PIP Mandatory Reconsideration was created by Wendy54
Hi All,

Well I just had my letter today after being transferred from DLA to PIP. I have Osteoarthritis in my right knee which was the result of severe trauma to the knee when i was a child and have had several operations on the knee throughout my life the last ones being a partial knee replacement then a full one in 2001 which has never been right and never been pain free. I also have a endochondroma in my left femur which is Atypical meaning it is not malignant but not benign it is active and again causes me a massive amount of pain and affects my leg in that it will just go dead without warning along with other issues.

I have other health and ongoing problems after having bowel cancer in 2010.

I had my ATOS medical three just over three weeks ago 18th Nov. I have been awarded Standard Daily Living which is the same as I was on and Standard Mobility which means I loose my car. I am however after reading through the decision letter today, going to submit a Mandatory Reconsideration request.

The letter states that my muscular-skeletal exam showed i had normal grip and upper arm strength which apparently means I can use aids such as my walking stick without any issue. In my claim form and additional letter which I provided I explained that i can't always use my stick or crutches because I have very poor grip in my hands.

The Atos assessor also said i got on the examination couch unaided, and off it using my stick, and that again my muscular-skeletal test showed I had normal leg strength.

I sent in three reports with my claim form from a Muscular-skeletal Specialist Nurse which states that I have decreased strength in my left L4 and S2 Myotones which as I understand it is the muscles from ankle to knee and a Nerve Conduction Test
( requested by my Neurosurgeon ) I had done only on Monday 28th Nov shows I have a abnormality in the muscle of my calf, and Carpal Tunnel Syndrome in both hands. So how on earth can this assessor say i have normal grip and strength etc I don't know.

I have requested a copy of the Neurology report which i should hopefully get by the end of next week or start of week after. Which I intend to send in with my MR request, and challenge this assessors comments. He was a ex -paramedic who went to great pains to tell me how he had also had a knee replacement.

Can someone tell me, am i right in thinking, that the best thing or way to do it is to challenge the fact that the DM seems to have gone off his opinion that I have normal leg and grip strength rather than the report of a specialist Muscular skeletal Nurse Specialist who due to the weakness referred me to the Neurosurgeon, and that considering I only had the Nerve Function Test just over two weeks after seeing him which showed up the Carpal Tunnel and problem with my left leg i cant possibly have had normal function when he saw me.

The only way I could get on the bed was to shuffle on and getting off i did not grip my stick but leant on it. How he can say he did any tests of strength on my legs I have no idea because I could not lift my legs up for him to do anything.

My worry is asking for MR i could loose my Standard Daily Living, has this happend to anyone else. :S

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7 years 3 months ago #175536 by Gordon
Replied by Gordon on topic PIP Mandatory Reconsideration
Wendy

Although it can be tempting to immediately look at the contents of the assessment report and how you can challenge it, this will not in itself result in an award, you first need to make sure that you have shown that you meet the criteria for an Enhanced award, because if do not do this you will not receive an increased award.

The first stage to challenging a 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, the PIP area also has 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

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7 years 3 months ago #175537 by Gordon
Replied by Gordon on topic PIP Mandatory Reconsideration
Wendy

Although it can be tempting to immediately look at the contents of the assessment report and how you can challenge it, this will not in itself result in an award, you first need to make sure that you have shown that you meet the criteria for an Enhanced award, because if do not do this you will not receive an increased award.

The first stage to challenging a 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, the PIP area also has 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

Please Log in or Create an account to join the conversation.

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7 years 3 months ago #175575 by Wendy54
Replied by Wendy54 on topic PIP Mandatory Reconsideration
Hi Gordon thanks for the reply. I am going to request MR. I was awarded 10 points for mobility, and from the contents of my award letter, it would seem the DM felt that I had enough power and grip to use aids to walk safely and reliably, namely walking stick. This was based on the HP report.

I feel I can show from the tests i had on Monday ( only 10 days after my medical ) that this is not the case that I do not have enough grip to use a walking aid safely and reliably nor full power in my legs to walk safely and reliably. I have a medical report stating that I have the weakness and a nerve conduction tests and neurologist report that also confirms this. So I do feel i can clearly show that the HP report regarding this is wrong. Also I feel i can show that the fact i can not walk at all without severe pain, born out by the amount of pain medication I am on has not been taken into account.
Onwards and upwards :)

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7 years 3 months ago #175627 by Gordon
Replied by Gordon on topic PIP Mandatory Reconsideration
Wendy

The PIP Moving Around activity is primarily concerned with the distance that you can walk, so to receive an Enhanced award you will need to show that you cannot reliably stand and then walk more than 20m on the majority of days.

You are not required to walk without pain but any pain that limits the distance you can walk should be taken into account, also if you are in severe pain but force yourself to walk then you can argue that this is not walking to a necessary standard and therefore should be disregarded.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 2 months ago #179184 by Wendy54
Replied by Wendy54 on topic PIP Mandatory Reconsideration
Hi could anyone tell me please i sent in a request for a MR for the mobility component of my award which was received by dwp on 13th Dec 2016. I rang today having had to return my motability car on Tuesday, to be told my file had been sent back to the assessors Atos. Is this routine? am I likely to have to go for a second face to face.
Thanks

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