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Too frightened to ask for the MR

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8 years 6 months ago #143369 by fastmoggy
Replied by fastmoggy on topic Too frightened to ask for the MR
Hi Gordon,
Just looking at a copy of her PIP application and looking at the going out page Q 13a answered yes Q 13b answered yes Q 13c answered yes all with what we thought was supporting evidence from consultants and the Q13 extra information went into Q 15 'additional information' BUT all these were dismissed by the HCP and decision maker!
We still have the HCP report to arrive which I know will be close to or after the MR period has lapsed which would give us a more informative idea as what to do next.

Oh. Sorry im assuming you have copy of the PIP application form ?

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8 years 6 months ago #143377 by Gordon
Replied by Gordon on topic Too frightened to ask for the MR

fastmoggy wrote: I was looking at the Planning and following journeys award which was 0
That being, 'you can plan and follow a route of a journey unaided.

It was the word 'Unaided' which is incorrect. In the form and at the F2F it was mentioned that she cannot go anywhere without assistance because of her condition which she's had for 4 years now. She could not cross the road safely because moving her head repeatedly left to right without increasing her already bad balance condition which then cause her to move slowly as if drunk.
They had consultants letters from many examinations which concluded that she 'presented' with unsteadiness and other tests which proved a problem with her balance mechanism in one ear which is causing her problems. MRI and CT scans revealed no evidence of stroke or tumours which I presume the DWP looked at rather than the other supporting pages of evidence. I still believe we have a strong case IF it ends up to a tribunal, but it's the uncertainty of the MR that has made her reassess her options even though we know she was 'railroaded' into not being able to answer the HCP's questions as she asked questions whilst she was trying to answer the last ones due to her mild memory problems which they knew about.


You are of course entitled to argue this point but I'm afraid I still think it unlikely that she will score points for her balance problems on the Going Out activity.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: fastmoggy

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8 years 6 months ago #143379 by Gordon
Replied by Gordon on topic Too frightened to ask for the MR

fastmoggy wrote: you mentioned 'Social Anxiety' ..When we do go out ( she be in her wheelchair) if in say a large store and she sees something but needs to ask the assistant a question , she will ask me to do it rather than ask herself. I do try ask if she would rather ask but 9 times out of ten it's me who will initiate the conversation with the assistant. I know that's clutch at straws but then again, the HCP was told that as well.
AT the moment we just feel so angry that she has been rated in this manner, But then again, I guess that's what the DWP are doing to lots of people!


You would need to provide medical evidence of Social Anxiety and it would need to be severe enough to restrict her leaving the house for the majority of the time, the fact that she can go out, albeit in her wheelchair, would suggest that she is not effected to this degree.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: fastmoggy

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8 years 6 months ago #143380 by Gordon
Replied by Gordon on topic Too frightened to ask for the MR

fastmoggy wrote: Hi Gordon,
Just looking at a copy of her PIP application and looking at the going out page Q 13a answered yes Q 13b answered yes Q 13c answered yes all with what we thought was supporting evidence from consultants and the Q13 extra information went into Q 15 'additional information' BUT all these were dismissed by the HCP and decision maker!
We still have the HCP report to arrive which I know will be close to or after the MR period has lapsed which would give us a more informative idea as what to do next.

Oh. Sorry im assuming you have copy of the PIP application form ?


It's alright, we know what the PIP2 looks like and what questions are asked.

See my comments on your other posts

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: fastmoggy

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8 years 6 months ago #143414 by fastmoggy
Replied by fastmoggy on topic Too frightened to ask for the MR
Thanks for your words of advice,
Since the DWP 'tweaked' the descriptors a lot of people have fallen foul of it unfairly but as they say..that's the law!
I think the term flogging a dead horse springs to mind! regards any appeal we may have tried :(
On the plus side, at least she got standard rate daily living which couldn't really be disputed given the medical evidence supplied.
Well she has till 2017 before being put through this ordeal again so some respite at least?
thanks again for your advice from my wife an myself

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8 years 6 months ago - 8 years 6 months ago #143415 by fastmoggy
Replied by fastmoggy on topic Too frightened to ask for the MR
Does that also apply to the free car tax disc? at the moment on paper the car is taxed till next year which would coincide with the end of her original pip award or do I now have to change to car usage from disability back to private?
Last edit: 8 years 6 months ago by .

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