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- Merlot57
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10 years 3 weeks ago - 10 years 3 weeks ago #133510 by Merlot57
Consultation at Physioworld was created by Merlot57
I've been awarded standard rate living allowance and not mobility. I was accessed by a physio who I felt didn't have any understanding of the effects that chronic Sarcoidosis has on my mobility. I want to ask for reconsideration but have been advised that I could lose the standard living rate I've just been awarded after 11 months. 
Last edit: 10 years 3 weeks ago by . Reason: tick.
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10 years 3 weeks ago #133545 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Consultation at Physioworld
Julie
Although you can ask the DWP to only review the Mobility component they are entitled to extend it to the Daily Living component as well, this could result in your losing this award, this only happens rarely but it does happen on occasion and is something that you must consider before proceeding with a challenge.
You don't say how many points you scored for Daily Living, if it was only the 8 needed for a Standard rate award then you might want to be more circumspect than if you had score 11 points. You should also look at what you scored the points for, if they were for Descriptors that you expected to score for then this would suggest that your evidence supported the points awarded and it is less likely that they will be removed.
In regard asking for a Mandatory Reconsiderations, have a look at 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
Although you can ask the DWP to only review the Mobility component they are entitled to extend it to the Daily Living component as well, this could result in your losing this award, this only happens rarely but it does happen on occasion and is something that you must consider before proceeding with a challenge.
You don't say how many points you scored for Daily Living, if it was only the 8 needed for a Standard rate award then you might want to be more circumspect than if you had score 11 points. You should also look at what you scored the points for, if they were for Descriptors that you expected to score for then this would suggest that your evidence supported the points awarded and it is less likely that they will be removed.
In regard asking for a Mandatory Reconsiderations, have a look at 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
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- Merlot57
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10 years 3 weeks ago #133601 by Merlot57
Replied by Merlot57 on topic Consultation at Physioworld
Thank-you for your comments Gordon,
I received 9 points for living allowance and 4 points for mobility. Apart from best and worst walking distance with crutches nothing else was discussed regarding mobility and I feel that this far outways my living difficulties although all the points awarded were spot on.
Nothing was mentioned about the after effects of managing to walk a certain distance or the fact that it is two or three days sometimes longer before I can attempt it again.
The day before my consultation my husband discovered that due to sudden work commitments he couldn't take me and I lost my transport and support. I phoned Atos to cancel and was told it wasn't policy to cancel as I'd already changed a date due to parents evening (husband school site manager).
This meant I would have to take a train on my own, on crutches to London. I hardly slept the night before due to horrendous nightmares I seem to get when anxious .
My husband managed to find a route with only 1 change on it and mapped me out a plan of all the stations and a photo of the building I needed to find. Then he went to the station and bought my tickets. I was up at 4.00am completely stressed out and caught the first train at 11:45am. I missed my lunchtime meds as I was to frightened of missing my connection to stop to buy any food to take with meds.
I arrived at Ilford at 1:30pm for 2:00pm consultation.I had to hold my crutches in one hand and physically pull myself up the handrail on several flights of stairs as they don't have disabled facilities at Ilford station.
I bought a sandwich and sat on a wall outside physioworld to take my meds. I was about an hour in the consultation and had 15 minutes to get my connection back or else I would have to have two changes and I didn't think I could cope with that.
I was picked up at my home station at 5:15pm both mentally and physically exhausted and spent the next three days recovering from the ordeal.
Because I was so stressed out at the consultation I couldn't find the more recent paperwork evidence I took with me and so it wasn't used as further evidence. In the paperwork was a follow up clinic letter from my lung sarcoid consultant stating that I'd hardly left my bed in 18 months.
I received 9 points for living allowance and 4 points for mobility. Apart from best and worst walking distance with crutches nothing else was discussed regarding mobility and I feel that this far outways my living difficulties although all the points awarded were spot on.
Nothing was mentioned about the after effects of managing to walk a certain distance or the fact that it is two or three days sometimes longer before I can attempt it again.
The day before my consultation my husband discovered that due to sudden work commitments he couldn't take me and I lost my transport and support. I phoned Atos to cancel and was told it wasn't policy to cancel as I'd already changed a date due to parents evening (husband school site manager).
This meant I would have to take a train on my own, on crutches to London. I hardly slept the night before due to horrendous nightmares I seem to get when anxious .
My husband managed to find a route with only 1 change on it and mapped me out a plan of all the stations and a photo of the building I needed to find. Then he went to the station and bought my tickets. I was up at 4.00am completely stressed out and caught the first train at 11:45am. I missed my lunchtime meds as I was to frightened of missing my connection to stop to buy any food to take with meds.
I arrived at Ilford at 1:30pm for 2:00pm consultation.I had to hold my crutches in one hand and physically pull myself up the handrail on several flights of stairs as they don't have disabled facilities at Ilford station.
I bought a sandwich and sat on a wall outside physioworld to take my meds. I was about an hour in the consultation and had 15 minutes to get my connection back or else I would have to have two changes and I didn't think I could cope with that.
I was picked up at my home station at 5:15pm both mentally and physically exhausted and spent the next three days recovering from the ordeal.
Because I was so stressed out at the consultation I couldn't find the more recent paperwork evidence I took with me and so it wasn't used as further evidence. In the paperwork was a follow up clinic letter from my lung sarcoid consultant stating that I'd hardly left my bed in 18 months.
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- Gordon
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10 years 3 weeks ago #133603 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Consultation at Physioworld
Julie
Unfortunately the assessor will likely have taken into account your journey as part of the assessment, even if that journey does not represent your normal capabilities on a day to day basis.
Once you have a copy of the assessment report you will have a better idea of what you are dealing with and how you can respond.
Gordon
Unfortunately the assessor will likely have taken into account your journey as part of the assessment, even if that journey does not represent your normal capabilities on a day to day basis.
Once you have a copy of the assessment report you will have a better idea of what you are dealing with and how you can respond.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Merlot57
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10 years 1 week ago #134102 by Merlot57
Replied by Merlot57 on topic Consultation at Physioworld
Hi Gordon,
I received copy of my assessment report this morning. It doesn't happen very often but I have to say I'm speechless. I'll try and make it as brief as I can but so much is inaccurate.
I read in your guide for reconsideration that you need to try not to put too many discrepancies in as the HP might not read it all. But were to begin. Probably my name and national insurance number. That is correct.
My biggest misunderstanding is that under mobility I gave 12b: Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. This is what I'm making myself do. I'm suffer constant pain and fatigue as a result of this. It should be 12F : I cannot either aided or unaided stand or move more than 1 metre.
Also under mobility it states I've been on crutches for at least 3 months 3 YEARS
and I'm likely to remain on crutches for at least 9 months HE'S CLEVER HOW DOES HE KNOW THAT?
My first question to physiotherapist was have you read Prof Wells directive on DWP and Sarcoidosis to which he replied Oh Yes. REALLY
I asked were the additional evidence came from and he said Dr D*** my respiratory specialist 2008-present.
REALLY
List all evidence considered alongside the consultation findings = Questionnaire NO GP, NO LUNG SPECIALIST,NO DERMATOLOGIST,NO KNEE SPECIALIST NO ROYAL BROMPTON SPECIALIST.
He clearly hasn't spoken to Dr D*** and has no knowledge of the debilitating symptoms of Sarcoidosis.
He seems to think my main symptoms are dryness in the mouth and shortness of breath. I WISH
My history of conditions was taken from a 13month old questionnaire despite spending 30 minutes up dating the questionnaire and change of medication dosages to present time.
Because I stated I was taking evening primrose daily that apparently translates to I'm taking an holistic approach to my very painful PCOS. NO I'M TAKING 6 IBUPROFEN DAILY.
There's a lot more but I hope you can see my dilemma as to what to ask to be reconsidered.
I received copy of my assessment report this morning. It doesn't happen very often but I have to say I'm speechless. I'll try and make it as brief as I can but so much is inaccurate.
I read in your guide for reconsideration that you need to try not to put too many discrepancies in as the HP might not read it all. But were to begin. Probably my name and national insurance number. That is correct.
My biggest misunderstanding is that under mobility I gave 12b: Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. This is what I'm making myself do. I'm suffer constant pain and fatigue as a result of this. It should be 12F : I cannot either aided or unaided stand or move more than 1 metre.
Also under mobility it states I've been on crutches for at least 3 months 3 YEARS
and I'm likely to remain on crutches for at least 9 months HE'S CLEVER HOW DOES HE KNOW THAT?
My first question to physiotherapist was have you read Prof Wells directive on DWP and Sarcoidosis to which he replied Oh Yes. REALLY
I asked were the additional evidence came from and he said Dr D*** my respiratory specialist 2008-present.
REALLY
List all evidence considered alongside the consultation findings = Questionnaire NO GP, NO LUNG SPECIALIST,NO DERMATOLOGIST,NO KNEE SPECIALIST NO ROYAL BROMPTON SPECIALIST.
He clearly hasn't spoken to Dr D*** and has no knowledge of the debilitating symptoms of Sarcoidosis.
He seems to think my main symptoms are dryness in the mouth and shortness of breath. I WISH
My history of conditions was taken from a 13month old questionnaire despite spending 30 minutes up dating the questionnaire and change of medication dosages to present time.
Because I stated I was taking evening primrose daily that apparently translates to I'm taking an holistic approach to my very painful PCOS. NO I'M TAKING 6 IBUPROFEN DAILY.
There's a lot more but I hope you can see my dilemma as to what to ask to be reconsidered.
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10 years 1 week ago #134161 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Consultation at Physioworld
Julie
Even though there appear to be serious problems with the contents of the assessment report your primary goal still remains to show that you meet the criteria, you can do so by showing that elements of the report are inaccurate or wrong.
Attacking the report directly will not result in an award, at best it might result in a new assessment with the first one marked as being unfit for purpose.
So you say that the assessor has failed to understand the effects of Sarcoidosis, so you might include a brief description of the problems associated with this illness and a link to a reputable site with more information. Then you can go through the each of the questions in more detail; explaining your limitations again and linking them to what would be reasonably expected for someone with this condition, then you can show how the assessor's opinion is incorrect or they have recorded incorrect information.
Gordon
Even though there appear to be serious problems with the contents of the assessment report your primary goal still remains to show that you meet the criteria, you can do so by showing that elements of the report are inaccurate or wrong.
Attacking the report directly will not result in an award, at best it might result in a new assessment with the first one marked as being unfit for purpose.
So you say that the assessor has failed to understand the effects of Sarcoidosis, so you might include a brief description of the problems associated with this illness and a link to a reputable site with more information. Then you can go through the each of the questions in more detail; explaining your limitations again and linking them to what would be reasonably expected for someone with this condition, then you can show how the assessor's opinion is incorrect or they have recorded incorrect information.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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