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2nd PIP Assessment-Mobility downgraded HELP!
- Eggcustard
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9 years 9 months ago #138077 by Eggcustard
2nd PIP Assessment-Mobility downgraded HELP! was created by Eggcustard
Hi,
I had my first assessment and was awarded no daily living but higher rate mobility. I then had another diagnosis so contacted them to say my condition had worsened and they said I would need to be re-assessed.
I have now had my second assessment and my new decision letter. I have been awarded lower rate daily living which is fair but my mobility has been downgraded to the lower rate despite me saying my condition is worse than before!
At my first assessment there was a lovely lady who went into lots of detail and background and read everything back to me to make sure I agreed with it all.
For the second assessment there was a younger male assessor who went through things a lot more quickly. I found it quite difficult talking about washing etc with a young lad so I got upset. He lumped all of my health conditions together when they are not all the same thing. For mobility he asked me how many minutes I could walk for which really threw me. I said I didn't know, that it varied depending on what I had been doing etc, he said "2 minutes?" I said "yes, sometimes" and then he cut me off, said that's the end of the assessment and didn't give me chance to say anything else. He didn't ask to see me walk like the other lady did, only to stand and walk a few steps before I did the exercises part which he said I did with no difficulty at all (it was a good day, I had been sitting for an hour and I don't have an obvious limp always). I was in pain so I don't know what he was looking for. It was obvious he didn't believe me, I said so to my partner.
I rang and asked for a reconsideration and for copies of both reports.
Any advice please? i must be one of the very few on their 2nd assessment.
I read somewhere that you shouldn't critisise the assessor but try to blame it on yourself not getting things across in the way you wanted to, is this true?
Do I need to write to them asking for nothing to be done until I have received the reports and replied to them? I would like the chance to put my side.I had a GP letter stating severe mobility problems but it didn't include a distance, could I ask him for that to include as evidence?
Thanks, I'm panicing a bit but will go to appeal if I have to because I am not lying, I'm also considering contacting my MP, will this help????
I had my first assessment and was awarded no daily living but higher rate mobility. I then had another diagnosis so contacted them to say my condition had worsened and they said I would need to be re-assessed.
I have now had my second assessment and my new decision letter. I have been awarded lower rate daily living which is fair but my mobility has been downgraded to the lower rate despite me saying my condition is worse than before!
At my first assessment there was a lovely lady who went into lots of detail and background and read everything back to me to make sure I agreed with it all.
For the second assessment there was a younger male assessor who went through things a lot more quickly. I found it quite difficult talking about washing etc with a young lad so I got upset. He lumped all of my health conditions together when they are not all the same thing. For mobility he asked me how many minutes I could walk for which really threw me. I said I didn't know, that it varied depending on what I had been doing etc, he said "2 minutes?" I said "yes, sometimes" and then he cut me off, said that's the end of the assessment and didn't give me chance to say anything else. He didn't ask to see me walk like the other lady did, only to stand and walk a few steps before I did the exercises part which he said I did with no difficulty at all (it was a good day, I had been sitting for an hour and I don't have an obvious limp always). I was in pain so I don't know what he was looking for. It was obvious he didn't believe me, I said so to my partner.
I rang and asked for a reconsideration and for copies of both reports.
Any advice please? i must be one of the very few on their 2nd assessment.
I read somewhere that you shouldn't critisise the assessor but try to blame it on yourself not getting things across in the way you wanted to, is this true?
Do I need to write to them asking for nothing to be done until I have received the reports and replied to them? I would like the chance to put my side.I had a GP letter stating severe mobility problems but it didn't include a distance, could I ask him for that to include as evidence?
Thanks, I'm panicing a bit but will go to appeal if I have to because I am not lying, I'm also considering contacting my MP, will this help????
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- Gordon
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9 years 9 months ago - 9 years 9 months ago #138090 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 2nd PIP Assessment-Mobility downgraded HELP!
KB
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
In regard the MR, I would follow up the phone request in writing, we still hear from members where their oral request has become lost in the system. You should also indicate whether you will be providing additional information in regard to the MR, the DWP should give you four week to send this, but sooner would be better.
Have a look at our PIP Appeal guide which has example letters that you can use, it also explains the process in more detail.
www.benefitsandwork.co.uk/help-for-claimants/pip
I think it likely that the assessor, rightly or wrongly has made assumptions as to the distance you can walk based on the two minutes he prompted you about, whilst there are a lot of variables to consider in regard a persons walking ability, someone walking slowly would likely cover 50m or more in a two minute period.
DWP policy is to accept the assessors report as correct unless it can be show to be fundamentally flawed, it can be tempting to concentrate on showing that the report is incorrect, but this will not in itself result in an award, you must first show that you meet the criteria and then deal with the issues in the report.
When you have the report go through it with our PIP2 form and the PIP Claim guide to see if you can explain yourself better as to the problems you have.
Remember tasks must be done reliably for the majority of days. Reliably means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Contacting your MP at this point will not be of assistance as they cannot interfere in the MR process itself, only expedite it, which would not be of help.
If you have any further questions, then please reply to this post and we will do our best to help.
GOrdon
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
In regard the MR, I would follow up the phone request in writing, we still hear from members where their oral request has become lost in the system. You should also indicate whether you will be providing additional information in regard to the MR, the DWP should give you four week to send this, but sooner would be better.
Have a look at our PIP Appeal guide which has example letters that you can use, it also explains the process in more detail.
www.benefitsandwork.co.uk/help-for-claimants/pip
I think it likely that the assessor, rightly or wrongly has made assumptions as to the distance you can walk based on the two minutes he prompted you about, whilst there are a lot of variables to consider in regard a persons walking ability, someone walking slowly would likely cover 50m or more in a two minute period.
DWP policy is to accept the assessors report as correct unless it can be show to be fundamentally flawed, it can be tempting to concentrate on showing that the report is incorrect, but this will not in itself result in an award, you must first show that you meet the criteria and then deal with the issues in the report.
When you have the report go through it with our PIP2 form and the PIP Claim guide to see if you can explain yourself better as to the problems you have.
Remember tasks must be done reliably for the majority of days. Reliably means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Contacting your MP at this point will not be of assistance as they cannot interfere in the MR process itself, only expedite it, which would not be of help.
If you have any further 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
Last edit: 9 years 9 months ago by Gordon.
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- Eggcustard
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9 years 9 months ago #138100 by Eggcustard
Replied by Eggcustard on topic 2nd PIP Assessment-Mobility downgraded HELP!
Thanks you so much for the reply. I have put the reconsideration request in writing and also have a Gp appointment on Monday too see if he can write me a letter that is more detailed.
Is it unusual for someone to be asked how many minutes? I realise it was silly of me to say yes when prompted with 2 minutes but I really wasn't given the chance to explain myself at all, I realised as soon as I said it that it wasn't true.
When I filled out the form I said that the majority of the time I can't walk further than a few steps without being in a lot of pain, and that I might have one or if lucky two better days in a week when I am out of the house (still not walking far). The assessor would have seen my comments so if I write a letter after I have seen the reports I can't see what that would change really.
I don't know whether to accept that it's my own fault for agreeing with 2 minutes or whether to try to explain that words were put into my mouth with no time given to explain my answer.
I will wait for the report and take it from there I think
Thanks again.
Is it unusual for someone to be asked how many minutes? I realise it was silly of me to say yes when prompted with 2 minutes but I really wasn't given the chance to explain myself at all, I realised as soon as I said it that it wasn't true.
When I filled out the form I said that the majority of the time I can't walk further than a few steps without being in a lot of pain, and that I might have one or if lucky two better days in a week when I am out of the house (still not walking far). The assessor would have seen my comments so if I write a letter after I have seen the reports I can't see what that would change really.
I don't know whether to accept that it's my own fault for agreeing with 2 minutes or whether to try to explain that words were put into my mouth with no time given to explain my answer.
I will wait for the report and take it from there I think
Thanks again.
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- Gordon
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9 years 9 months ago #138113 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 2nd PIP Assessment-Mobility downgraded HELP!
Eggcustard
I am afraid that it is normal for an assessor to ask about a claimants abilities from a number of directions to confirm that the problems they say they have are real and that they are restricted to the level that they say.
If the assessment of your walking ability is based on the "two minutes" then you cannot leave this unchallenged if you want to receive the Enhanced rate. In addition to going back to basics about the distance you can walk and the problems you have with doing so, you might also want to comment on the two minutes.
Most people have no real idea how long two minutes actually is when they are performing an activity so it might help if you are able to time yourself when walking so you can provide empirical evidence of how far you can walk within a particular time or how long it is before you have to stop due to pain or discomfort. You will need to perform the activity multiple times so the DM can see the pattern to your walking.
Gordon
I am afraid that it is normal for an assessor to ask about a claimants abilities from a number of directions to confirm that the problems they say they have are real and that they are restricted to the level that they say.
If the assessment of your walking ability is based on the "two minutes" then you cannot leave this unchallenged if you want to receive the Enhanced rate. In addition to going back to basics about the distance you can walk and the problems you have with doing so, you might also want to comment on the two minutes.
Most people have no real idea how long two minutes actually is when they are performing an activity so it might help if you are able to time yourself when walking so you can provide empirical evidence of how far you can walk within a particular time or how long it is before you have to stop due to pain or discomfort. You will need to perform the activity multiple times so the DM can see the pattern to your walking.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Eggcustard
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9 years 9 months ago #138393 by Eggcustard
Replied by Eggcustard on topic 2nd PIP Assessment-Mobility downgraded HELP!
Hi, I have a letter from my Gp stating " due to her fibromyalgia and other health problems, she is unable to walk 20 meters without pain, although she can walk this distance. It's is only by walking through the pain and with difficulty" I'm not sure this is going to be enough to help, what do you think?
I have measured distances around the house to check how far I can walk. On most days it is upto 10 meters before I am in significant pain, I am mostly at home because of this. I also have better days 1 or 2 a week where I can walk further before the pain is significant, between 20-50 meters and I do try to get out then. I also have worse days when I am in significant pain as soon as I put my weight on my leg, these usually follow the more active days and can take three days for the levels to go back down to my typical level.
As far as I can see I should qualify for higher rate becuase the majority of the time (4 to 5 days) I can't walk 20m without significant pain and I can't do it repeatedly.
I am also slow, this varies between it taking 2 mins to cover 20 meters (if I have to stop while doing this, or I stand on one leg!!) to being faster on better days. I do think I take twice as long as most people would. So I also think I should qualify becuase I can't walk in a timely way.
Do you know what is considered to be a 'normal' walking speed please? Also, how is significant pain defined?
I am worried if I proceed I will lose what I already have but I know I am entitled to it. Proving it isn't going to be easy.
I will include a typical week diary and explain what happened at the assessment, also the Gp letter. But if it comes to my word against the assesors, which it does, I'm not sure if they would change that, he didn't even ask me to walk for him, I took 3 or4 steps!!!!!!
Do I have any hope??
Thanks again
I have measured distances around the house to check how far I can walk. On most days it is upto 10 meters before I am in significant pain, I am mostly at home because of this. I also have better days 1 or 2 a week where I can walk further before the pain is significant, between 20-50 meters and I do try to get out then. I also have worse days when I am in significant pain as soon as I put my weight on my leg, these usually follow the more active days and can take three days for the levels to go back down to my typical level.
As far as I can see I should qualify for higher rate becuase the majority of the time (4 to 5 days) I can't walk 20m without significant pain and I can't do it repeatedly.
I am also slow, this varies between it taking 2 mins to cover 20 meters (if I have to stop while doing this, or I stand on one leg!!) to being faster on better days. I do think I take twice as long as most people would. So I also think I should qualify becuase I can't walk in a timely way.
Do you know what is considered to be a 'normal' walking speed please? Also, how is significant pain defined?
I am worried if I proceed I will lose what I already have but I know I am entitled to it. Proving it isn't going to be easy.
I will include a typical week diary and explain what happened at the assessment, also the Gp letter. But if it comes to my word against the assesors, which it does, I'm not sure if they would change that, he didn't even ask me to walk for him, I took 3 or4 steps!!!!!!
Do I have any hope??
Thanks again
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- Gordon
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9 years 9 months ago #138407 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 2nd PIP Assessment-Mobility downgraded HELP!
Eggcustard
I am afraid that this is a Decision that only you can make
You might want to have a look at the DLA section, I know your claim is for PIP, there is a document entitled Giving Persuasive Information About How Far You Can Walk which may be of assistance, it includes normal walking speeds.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
Gordon
I am afraid that this is a Decision that only you can make

You might want to have a look at the DLA section, I know your claim is for PIP, there is a document entitled Giving Persuasive Information About How Far You Can Walk which may be of assistance, it includes normal walking speeds.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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