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Obtaining Evidence

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9 years 3 months ago #150968 by PeteLucas2
Obtaining Evidence was created by PeteLucas2
Really needs advice here, I have suffered with Rheumatoid Arthritis for 27 Years. Also have COPD I was awarded a lifetime DLA low care high mobility in 1996. Recently had a review and Atos Face to Face.

surprisingly the results were enhanced mobility BUT low care. Considering my wife has to help me dress most days this was on my form but ignored they just said I used an aid. Similarly help getting in/out bath was scored low as I could use an aid. ( Which wouldn't fit our bathroom)

I telephoned DWP and the helpful lady said I could ask for a mandatory review just for the care component. Is that true I thought they looked at the whole claim. I wouldn't want to do this if the were to take enhance mobility away. I am also so nervous I couldn't face a tribunal

My family/wife have advised sticking with what I have and if my conditon gets worse get a review later I really don't know what to do for the best.

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9 years 3 months ago #150989 by mrsoptic
Replied by mrsoptic on topic Obtaining Evidence
I would ask for a reconsideration if you stated it on the form. I also have arthritis and have done for 22 years. When you answer the questions such as toileting needs are you putting it as you on your worst days?There is allowances and special rules for people with condition's that have frequent flare ups and they are supposed to allow for these. Even if you use an aid to complete the task i would state in the boxes that you cant do them as and when you need to and certainly not without the aid. Think about what you would do if you were out etc and needed to do the task? I.e i cant use low toilets myself and always have to find a toilet with a raised toilet seat. I have a closomat toilet but even though I can get on and off most the time i ALWAYS state that i cannot do the task at will as often as i need to and i certainly cant do it without a lot of pain.

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9 years 3 months ago #150991 by Gordon
Replied by Gordon on topic Obtaining Evidence

CatLover wrote: Really needs advice here, I have suffered with Rheumatoid Arthritis for 27 Years. Also have COPD I was awarded a lifetime DLA low care high mobility in 1996. Recently had a review and Atos Face to Face.

surprisingly the results were enhanced mobility BUT low care. Considering my wife has to help me dress most days this was on my form but ignored they just said I used an aid. Similarly help getting in/out bath was scored low as I could use an aid. ( Which wouldn't fit our bathroom)

I telephoned DWP and the helpful lady said I could ask for a mandatory review just for the care component. Is that true I thought they looked at the whole claim. I wouldn't want to do this if the were to take enhance mobility away. I am also so nervous I couldn't face a tribunal

My family/wife have advised sticking with what I have and if my conditon gets worse get a review later I really don't know what to do for the best.


It's not clear from your post whether your latest assessment was for DLA or for PIP, if it is the latter then you should be aware that there is no lower rate for PIP, it is Standard and Enhanced equivalent to the DLA Medium and Higher Rates.

Although you can ask for just the care component to be looked at the DWP are entitled to extend the review to the Mobility component as well, if they do this then you won't know until the review is completed.

So the first thing to check is whether this is PIP or DLA, if it is PIP then the care component has already been increased.

Secondly how secure is the Mobility component, do you think it was awarded easily?

Lastly, how likely is an increased award of the care component?

Gordon

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

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9 years 3 months ago #151004 by Ooohiduno
Replied by Ooohiduno on topic Obtaining Evidence
Iv had RA in most of the joints for 30yrs. I originally scored std care, can use aids. I appealed saying i cant wash back unaided. It went to tribunal and i was awared enhanced care.

But importantly, with obvious deformaties in both hands and rhuematoligy nurse letter stating elbow flexion problems and needing joint replacement in near future. I believe this letter got me enhanced care.

To help prove why you cant do a task unaided, You need specific letters about what ever joints are causing you problems and preventing you from doing the task,

Tribunal will ask you about other things on the pip form and how you do them. But depending on how you answer them . It could help with what you are appealing against.

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9 years 3 months ago #151037 by slugsta
Replied by slugsta on topic Obtaining Evidence

mrsoptic wrote: When you answer the questions such as toileting needs are you putting it as you on your worst days?.


Just to pick up this aspect of your message - we never advise members to speak only of their worst days.To do this, especially if your condition is variable, leaves you open to a charge of fraud. You should tell DWP how you are on your worst days, how often these days occur and also how you are on your 'usual' days (and how often these occur too) :)

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9 years 3 months ago #151066 by mrsoptic
Replied by mrsoptic on topic Obtaining Evidence

Mrs Hurtyback wrote:

mrsoptic wrote: When you answer the questions such as toileting needs are you putting it as you on your worst days?.


Just to pick up this aspect of your message - we never advise members to speak only of their worst days.To do this, especially if your condition is variable, leaves you open to a charge of fraud. You should tell DWP how you are on your worst days, how often these days occur and also how you are on your 'usual' days (and how often these occur too) :)


Obviously he would state when he has a good day or bad day but I meant is he stating about when he is having a flare up and how he is on his worst days. The fact that the condition is variable allows for the decision to be based on a daily living and I'm not sure about anyone else but all my days are bad otherwise I would be out there continuing my nursing career rather then sat at home dreading these brown letters landing on the door mat. Obviously you wouldn't state you can't walk then go shopping up the local town but also you would have to state if like me your even able to get off the sofa some days never mind walk :) sadly after filling in these sorts of forms for the last 23 years I have learnt how to describe your conditions and explain to people who think they know best in a 30 min assessment.
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