PIP declined

Hi

My partner suffers from M.E. and although up until recently she has been able to work (around 30 hours per week) we were told to apply for PIP. After completing the application, which took several days due to my partners concentration levels and completing it quite comprehensively and honestly, bearing in mind the scoring etc she then became very poorly with her M.E. and has been signed off work sick. Most days she literally struggles to get out of bed let alone to 1 of the tasks. We then attended the face to face assessment with Atos. We explained from the beginning how my partners illness had got much worse since the application, Atos lady seemed quite sympathetic and understanding. She then asked how the illness affects my partner and was told they included pain, fatigue, trouble walking, memory loss, concentration etc. The interview carried on and to be honest it felt quite rushed and having explained from the onset that these days my partner literally most days couldn't get out of bed or if they could it was to the couch and not much more. We explained they can't cook, I have to walk her to the toilet, holding on to her every time to ensure she don't fall over. I purchased a 7 day week pill dispenser as she used to forget if she had taken her meds twice a day so forgot to take them or took twice as much. Supervise whilst showering for the same reason, opening shampoo bottles, dry her hair. We explained one of the side effects is she has no appetite and will not eat unless I physically put food in front of her, even explaining that she had lost a stone in weight in the last month because she couldn't eat whilst I was out at work most days! Explained that she struggles with basic financial issues such as paying bills as she would forget to pay bills, therefore, getting charges, try and pay again as she had forgotten she had already paid until I took charge and set up direct debits etc. We were then asked about her mobility. Explained as earlier struggling to walk to bathroom etc so they asked about the walk along the path to the assessment centre - did my partner have to stop an rest during the 30 metres (their estimated distance not ours) we replied no but my partner has to walk very very slowly. They then asked for how many minutes can my partner walk - to which my partner struggled to answer as was confused so the lady said 5 minutes? My partner then replied no, only a couple of minutes. he lady said again "so 5 mins then?" Again me and my partner said no ore like 2 minutes. We further explained with M.E. sometimes the effects do not kick in until later that day or the next day and she can then be left feeling totally exhausted and in pain for 2-3 days after and that the effort to attend this assessment would likely leave her bed ridden for the next few days which is exactly what happened. A couple of weeks later we received the decision letter and distressingly they scored my partner 4 and said she wasn't entitled to anything! The brief paragraph on the back about the decision basically stated she scored 0 for everything apart from Preparing food and Washing and bathing with were scored as 2 each. I do not recall us being asked about planning a journey or what she is like socialising with others. She was scored 0 for mobility as the decision maker decided (no idea how as they had never even met her/spoke to her) that she could walk 200 metres???? We tok along a diary which my partner had written very infrequently (because she was too unwell or would forget) what symptoms she'd been suffering from. We told Atos we had this with us but she never even looked at it! They seem to have used this against my partner - saying you brought with you a diary which you had written independently???

Being honest, in retrospect, my partner probably didn't give as much info as what we did on the application form as she just can't remember everything and gets very tired very easily! (yep we told the lady this at the beginning) Probably a little naive on our part to hope that they would realise this and take into consideration the info/detail we put on the application form.

Sorry just needed to get that off my chest!

Ok, so, if there is anyone still awake and reading this......I need some help!!

Firstly, when we ring to request this decision be looked at again does someone always ring you back to discuss the reasons why giving us the chance to quote the application form info (which seems to have been totally ignored!) or do we have to give different evidence? If so, what is the timescale for a callback?

Secondly, what is the likelyhood that this decision will be overturned? We don't have any letters or supporting evidence from her doc although since her fare up she has been referred to see a Rheumatologist but the appointment isn't till end of March.

Hi Gordon

Many thanks for the quick reply, pointers and tips.

I've signed up as a paid member to read all the guides etc but any further help or advice from people about successfully appealing this would be fantastic as my heads swimming

Thanks

DW

Hi there, I also have ME along with various other conditions and my first pip claim was turned down, you can do what I did and write a Mandatory Reconsideration letter requesting that the claim is looked at again, this must be done within one month of the original decision, then it's a waiting game again i'm afraid, they refused my mobility component on the basis i could walk 200 mtres, when i had told them I could only manage 20. they then changed their minds to 100 mtres !
so I am now going to tribunal.
I wish you the best of luck ............ ps when you write the letter make sure all the problems with living and mobility are in there maybe in bullet points, it does not matter how long it is just be very clear on what descriptors and points you are disputing and why it needs changing.
here's hoping

I've contacted the DWP and asked for a copy of the report. Apparently that'll take 2 weeks and been told the mandatory reconsideration will take 8-9 weeks but I've asked for a callback to discuss the decision in the meantime so should get that on Friday. Like I've mentioned I think we weren't specific enough and just have a "well most days" answers. Is it best to pick a particular day to describe?? Although at the moment my partner is do poorly every day is pretty much the same

Fingers crossed for the tribunal loobylou