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  • Helen Dempster
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10 years 2 months ago #129607 by Helen Dempster
PIP was created by Helen Dempster
I have subscribed to your organisation today as I have found it impossible to find guidance on the points implications of having Peristeen Anal Irrigation administered to me because of incontinence of the bowel and bladder. I have 19 health conditions including chronic neuropathic pain, fibromyalgia, chronic bladder pain and incontinence of bladder and bowel. All this was evidenced in letters from my consultants. I have been refused PIP and was awarded a total of only 2 points which was for using "a collecting device" concerning bowel incontinence. My argument is that Peristeen is not a 'collecting device' and that I cannot administer it independently due to pain and fainting. Thus, it is administered for me for safety reasons. It was prescribed as I have a rectocyle and "no rectal propulsion" (as detailed in my consultants letter submitted as evidence). Bowel blocking was increasing pain and incontinence in the bowel and bladder (my bowel and bladder are stuck together with adhesions because of extensive abdominal surgery and I have chronic bladder pain) My view is that the correct descriptor for me is f. Needs assistance to be able to manage incontinence of both bladder and bowel.

Can you please advise me as there is no specific information anywhere about the above and I need to submit a request for mandatory reconsideration ASAP.

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10 years 2 months ago #129614 by Gordon
Replied by Gordon on topic PIP
HD

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

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Let's deal with the MR first and then your specific problems

You don not need to go into detail as to why you are requesting a Mandatory Reconsideration on the initial request, just make it clear that you will be sending in further information in support of your claim and the DWP should allow you at least four week to do this.

Our PIP MR & Appeal guide explains the process in more detail and has template letters that you can use to make the request. See

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

In addition to submitting the MR request you should also ask for a copy of the assessment report, you can do this by phone to the DWP office that dealt with the claim, we recommend that you follow the request up in writing.

The Decision Notice should have a high level view of why the Decision Maker came to their conclusions, typically where a claimant fails to score points for a Descriptor it is because the assessor, the DM or both have disagreed with their capabilities, so a starting point is to think about the ways that a layman might think you can deal with your toilet needs and look to answer those concerns, you may have already done so on your original form, but you need to repeat the exercise.

I notice that you have only referenced one Descriptor, sometimes claimants are limited to just the one, but it would be unusual if that was the case, an immediate observation is that you potentially score points for Managing Treatments and depending on your capabilities washing and bathing. So I would suggest you have a look at our PIP Claim guide (also on above link), it may help you to present your problems in a different way and also covers how the assessor and the DWP look at things.

Once you have had a look at the guides, if you have more questions then please reply to this post 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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  • Helen Dempster
  • Topic Author
10 years 2 months ago #129630 by Helen Dempster
Replied by Helen Dempster on topic PIP
Thank you Gordon
I understand that if continence issues are dealt with in the continence descriptor the treatment (which relates to continence) is not scored again in managing treatments. I have read this in guidance somewhere. Is this correct?

Also, my key question is the status of Peristeen anal irrigation as The assessor is deeming it to be a collection device like a stoma which it is clearly not. Please can you clarify this for me as it is key to my claim?

Many of the other descriptors do not apply to me.

Kind regards
Helen

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10 years 2 months ago - 10 years 2 months ago #129645 by Gordon
Replied by Gordon on topic PIP
Helen

I've been through the guidance issued by the DWP to assessors and can see no reference to the issue you raise, it is possible that I have missed it or that it is in another document, if you can provide a reference that would help.

Even if this phrase appears this does not stop you arguing that it is not applicable, from your original post the activities involved seem to me to fall into distinct categories of operation and application and to my admittedly uniformed view, these would seem to be covered by the two Descriptors rather than just the one.

I am not entirely sure it matters whether the device is classed as a collection device or not, it being one does not limit you to only scoring 2 points, again it is down to you to argue that you need assistance to manage incontinence of both bladder and bowel. One comment I would make is regard to your original post is that it is clear that you have bowel incontinence but you don't mention that you also have urinary incontinence as well, this may be just an omission but Descriptor (f) requires both to be a problem.

That said, as there do seem to be clear differences between a normal collection device and the one that you use, not least that the former is passive and the latter appears to be active, you might want to include more information on this for the Decision Maker, I would recommend a reasonably short overview, with perhaps a couple of links to more detailed information. The DM is not medically trained so it may also be appropriate to emphasise the practical implications of these differences as well.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 2 months ago by . Reason: Tick.
The following user(s) said Thank You: Helen Dempster

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9 years 11 months ago #135758 by Brenda
Replied by Brenda on topic PIP
Hi
Have you sent off your Mandatory Reconsidetstion? I'm wondering if you've heard back.
I have permanent nerve damage to my bladder and bowel. I have to be catheterised 4 or more times a day and also have Peristeen. I have been refused PIP again like you with 2 points.
My husband is sending in more evidence for MR but any help would be great

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9 years 11 months ago #135761 by Gordon
Replied by Gordon on topic PIP

Brenda wrote: Hi
Have you sent off your Mandatory Reconsidetstion? I'm wondering if you've heard back.
I have permanent nerve damage to my bladder and bowel. I have to be catheterised 4 or more times a day and also have Peristeen. I have been refused PIP again like you with 2 points.
My husband is sending in more evidence for MR but any help would be great


I'm afraid that Helen has not visited the forum since early May.

Gordon

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

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