× Members

FAILED PIP MR

More
7 years 8 months ago #167052 by sharona46
Replied by sharona46 on topic FAILED PIP MR
Hi Gordon,

I have 2 more letters of evidence which arrived in the post today, one from my Clinical Psychologist and another from my Neurologist.
The Neurologist's letter is explaining the findings of my MRI scan and that they found extensive degeneration of the bones in my neck and that he will see more very shortly for more examinations at hospital.

My question is; Do I send these letters to Court for extra evidence or not as I have had the second DWP text saying that they have all the info they need etc plus I spoke to the Minister's Secretary who explained that my case is being treated as 'urgent'?

The Court did send copies of the last lot of evidence I sent them to DWP which has held things back as you explained it would.

My thoughts are to hold onto the new evidence and to wait to see what the result will be in my award or lack of it. If I do have to fight on then I would send it onto them.

Thanks as always Gordon.

Please Log in or Create an account to join the conversation.

More
7 years 8 months ago #167106 by Gordon
Replied by Gordon on topic FAILED PIP MR
Sharon

There's no harm in waiting to see what the DWP will do, but is there a chance that these new letters will make it more likely for them to make an award?

Gordon

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

Please Log in or Create an account to join the conversation.

More
7 years 8 months ago #167186 by sharona46
Replied by sharona46 on topic FAILED PIP MR
Thank-you Gordon for your thoughts and I have sent them off today and they will reach them tomorrow. A Manager from DWP called me today and apologized for the length of time it is taking, it has been going on now for almost a year.

He said that he will be looking into at and he will wait for the new evidence to arrive so as to include this into the final decision. He said he will aim on getting a decision to me by the end of this week.

I nearly cried when he said that lol!... I cannot wait to be able to close my eyes at night without seeing PIP PIP PIP .........!

Please Log in or Create an account to join the conversation.

More
7 years 8 months ago - 7 years 8 months ago #167488 by sharona46
Replied by sharona46 on topic FAILED PIP MR
Hi Gordon,

I received a letter from the Tribunal/SOS today stating; Having fully reviewed all of the evidence in this case the weight of the information would suggest that [removed] would meet the activity descriptors1b (2 points), descriptor 4b (2 points), descriptor 5b (2 points), descriptor 6b (2 points), descriptor 10b (2 points). These would most likely apply as she needs an aid, assistance or prompting to be able to manage these activities. Total-10 points.

Additional points need to then be perhaps considered for activity descriptor 2 as there is suggested evidence of prompting to take nutrition. Potentially 2d would apply and 4 points be considered . Another matter ddescriptor 9b would appear appropriate as she needs prompting to engage with others. This would give another 2 points.

In regard to daily living [removed] could be deemed to score between 12 and 16 points giving her under lying title to the enhanced rate component for daily living.

Evidence in regard to descriptor 8 is less clear and conflicted as [removed] initially reported being able to manage this activity and then reports not being able to do so. The Health Professional will need to address this matter in the claim review.

Turning to mobility activities as this is a less clear picture. The support letter dated 11/08/2016 (occupational therapist) does not cover the mobility activities.

((Beth (occupational therapist) does say in her letter that she has ordered me a wheelchair and I am a high risk faller but she hasn't mentioned my walking and metres etc. I have Spondylolisthesthesis and Cervical Spondylosis - surely with my letters proving this and that I was witnessed struggling to move 5 metres at the ESA85 assessment would make this obvious and the PIP assessment was a day after my ESA assessment?))

The letter goes on...........While it would seem that mobility activity 1b could apply and attract 4 points it is not so clear what she would score, if anything, moving around.

The PA4 and ESA85 reports dated 02/02/16 and 03/02/15 have clear conflicts in the evidence on this particular matter. In light of this conflict it is appropriate for the Health Professional to review all the facts and report on any changes to current recommendations before points can be allocated to mobility descriptor 2 (moving around).

Since this potential change of decision would not address all of the customers appeal points the appeal cannot be lapsed. The appeal would only lapse if [removed] was awarded enhanced rate components for both daily and mobility activities.

My apologies to the Tribunal and [removed] for the delay in dealing with this matter and in obtaining clarification from the Health Professional. As soon as this is received I will have a clearer picture of the nature and full extent of her functionality and restrictions.

Me now Gordon, so what would your thoughts be on this please? I was scored zero points at my assessment and it was full of lies and very untrue. I cannot see what else I must do to help them build a clearer picture regarding my mobility issues. They seemingly have overlooked the planning a journey descriptors, from my point of view I actually do score 10 points for mobility 1d and cannot walk past 5 metres before the pain is a 8 and I become a high risk faller due to the struggling to walk on intense pain. Not only in feet but all over my body and especially in my neck, shoulders, arms, back, legs, kness and ankles. I would say this would score a 10 too. Not sure what else I can do now Gordon, do I ask Beth my OT to write another letter or maybe call the DWP or ask my GP to intervene?

Their letter did not mention the last two pieces of evidence from my Neurologist saying the scan has revealed extensive degeneration of my neck bones and the Psychologists letter saying that she has seen I have very obvious physical issues.

Thanks Gordon and I do apologise for a lengthy letter.
Last edit: 7 years 8 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
7 years 8 months ago #167552 by Gordon
Replied by Gordon on topic FAILED PIP MR
Sharon

Basically the DWP are acknowledging that the original Decision was wrong but they have declined the opportunity to revise it themselves and are leaving it to the Tribunal to make a Decision.

The letter suggests that you should score at least 12 points for Daily Living and an Enhanced Award.

They are scoring you 4 points for Going Out, but are saying that they cannot at this time score your for the Moving Around activity and are waiting for further comments from the Assessment Provider.

They seem to be taking a further action to report back to the court when the AP has responded.

There's nothing else that you can do at the moment, I know you are unhappy with the 4 points for Going Out but I think you need to wait and see what happens with Moving Around before you consider what to do.

Even though the DWP are now recommending an award as it is still going to appeal you will need to see where you are with everything when this happens, the panel are not required to agree with the DWP, although I think it unlikely that they will award less points.

Gordon

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

Please Log in or Create an account to join the conversation.

More
7 years 8 months ago #167693 by sharona46
Replied by sharona46 on topic ZERO POINTS TO ENHANCED FOR BOTH!
Hi Gordon.

To cut a very long story short (as I was an emotional wreck yesterday) I had a call today from a lovely lady (who I spoke to yesterday and was crying at the horrid mess of it all) who had actually sorted out all of the mess that my claim was in and came to the scores which is entitling me to enhanced award in care and enhanced award in mobility. I do not know the award length yet but I just can't seem to let it sink in, I feel like if I relax and be happy that some-one may call me and say 'oh sorry, we have made an error'!

It has been a long long year though and I want to send you all lots of hugs and thank-yous as I could not have done it without you! I am wondering do I ask for anything else from DWP so I can use it for next time as my brain won't function at the minute? Thank-you!

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.