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PIP refused, MR refused now preparing for appeal

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Jas10
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8 years 7 months ago #140856 by Jas10

PIP refused, MR refused now preparing for appeal was created by Jas10

Evening all,

I will try to keep this short but do have a tendency to ramble so apologies in advance :blush:

I received the dreaded brown envelope informing me that the decision of my MR had failed. (I originally received 6 points for DL and 4 for Mob) and whilst these points remained the same after MR it appears the DM who looked at it did not take into consideration my challenges regarding the HPs report and awarded points - the DM reasoning basically mirrored the original refusal although it wasn't as lengthy. I mostly want to ask a question about the planning journey bit but will quickly list what I am challenging

I received 0 points for managing therapy, despite me saying on my form and at assessment that my daughter manages my medication as I have intentionally overdosed in the past (twice being taken to hospital) and am at risk of this happening again

I received 0 points for managing toilet needs, despite me saying I need to use an aid everytime I go to the toilet because of pain, muscle weakness and fatigue. I also need help to manage incontinence

I received 2 points for preparing a meal despite not being able to do this safely without supervision as I have caused fires and pans boiling dry as I fall asleep. And again, pain muscle weakness and fatigue make it impossible to do things like peel veg, carry or drain saucepans, lift meat trays etc

I received 2 points for washing and bathing because the HP stated my balance was good and my grip was good - my daughter has to physically help me into and out of the bath as I can not safely do this by myself

I agreed that 2 points for dressing was correct.

I received 0 points for planning and following journeys the HP stated I said I get anxious because of risk of falls not because of my severe anxiety? - I challenged this as I get anxious for numerous reasons and the MR DM said that 'in absence of any evidence to indicate a significant cognitive impairment, for the majority of the time you can plan and follow a journey' I rarely leave my home. I have been signed off work since June (after returning in Feb following 4 months off) If I can't afford to get a taxi to places I will avoid going - This is due to extreme all over pain, depression, fear of falling over, fatigue & falling asleep on the bus and missing stops or the fear of being on a packed bus or busy street and having an incontinence accident or bumping into the bullies that forced me from my job all play a part in my severe anxiety. If I do go out, one of my daughters has to come with me and I have to list all public toilets along the route due to incontinence accidents - I believe either d or e would be more suitable. I thought PIP took consideration over how your disability affects you? I am constantly anxious because of many things not because I have a significant cognitive impairment - do I have grounds to challenge this?

Any advice would be greatly received - many thanks

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Gordon
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8 years 7 months ago #140870 by Gordon

Replied by Gordon on topic PIP refused, MR refused now preparing for appeal

Jas

I'm afraid the DWP view is that the assessors report is an accurate report of you limitations, arguing directly against the content, unless you can show factual inaccuracies rather than disagreements with the assessors opinions, is unlikely to be successful.

As a long term user of B&W I assume that you used our PIP Claim, so you should be familiar with the assessment criteria.

Have you received a copy of the assessment report, if not then you can request this from the DWP office that dealt with your claim, I would recommend that you follow up the request in writing.

As you have completed the MR you should now be in receipt of a couple of MR Notices which you will need if you intend to lodge and appeal, our PIP Appeal guide explains the process in more detail and has links to the forms that you will need.

A Tribunal panel will look at your claim from scratch, but you still need to have another look through the Decision Maker's Statement of Reasons, the assessor's report, your claim form and the evidence attached to show that you meet the criteria and to try and address the short comings in your information that the DWP believe there is in your claim.

It's difficult to offer detailed comments on the points you scored / did not score, but some general thoughts would be;

- Have you made good use of "reliably". Tasks must be done reliably and for the majority of days for a claimant not to score points.

- You will score points for things that you cannot do, if there is doubt as to the veracity of your limitations this may explain the lower marking.

- In a similar vein, the Decision Maker will adept at looking for alternate solutions to your problems, a good example of this would be for Preparing food, where they will look at aids and alternative methodologies for preparing and cooking a meal, for example timers might address the issue of you forgetting that something ins heating and you could use a slotted spoon to remove food from a pan, rather than having to pick it up. You need to address these "suggestions" in your response.

- A slightly more detailed point in regard to the Going Out question, physical problems are unlikely to be considered in regard this Descriptor, you might want to have a look at the DWP Assessment guide in the PIP section for a better understanding of how the DWP view this task.

If we can help more 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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Jas10
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8 years 7 months ago #140876 by Jas10

Replied by Jas10 on topic PIP refused, MR refused now preparing for appeal

Thanks for your reply Gordon.

I am trying to look through all of the PIP information but am becoming very overwhelmed and stressed by it all as I have never applied for anything like this before and just don't know where to start.

I have begun writing a PIP appeal submission, but this is currently 5 pages long and I am worried it wont get looked at.

I will have a look at the sections you have suggested and try to deal with everything in bite-able chunks.

Thanks again
Jas

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Gordon
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8 years 7 months ago #140877 by Gordon

Replied by Gordon on topic PIP refused, MR refused now preparing for appeal

Jas10 wrote: Thanks for your reply Gordon.

I am trying to look through all of the PIP information but am becoming very overwhelmed and stressed by it all as I have never applied for anything like this before and just don't know where to start.

I have begun writing a PIP appeal submission, but this is currently 5 pages long and I am worried it wont get looked at.

I will have a look at the sections you have suggested and try to deal with everything in bite-able chunks.

Thanks again
Jas

Whilst I would always encourage brevity in documents regarding an appeal this should not be done at the expense of making your point, we know of members who have submitted 100s of pages and been successful, the key is to make the information accessible with an index and clear links between pieces of information.

Gordon

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

The following user(s) said Thank You: Jas10

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