Mandatory Reconsideration PIP

Hello everyone

I was in receipt of low care rate and high mobility on DLA and now been assessed for PIP and as I have said before was awarded nothing at all. I have asked for a MR but not sure where to start with letter to explain.

Several issues Assessor states I put stick on chair next to me then at end of assessment states I bent down to floor to pick up walking stick I DID NOT. I CANT ANYWAY. She said I can grip my walking stick but I cant it is a right handed walking stick with a wide handle that my hand sits on top it is not the usual round handle as I cannot grip these.

She said I could get in and out of shower which I can but I have to sit on a chair and my daughter washes my hair and lower body as I cannot. Then later she states I need help from my daughter to get in and out of the bath IDO NOT HAVE A BATH IN MY BUNGALOW and she states this earlier in the report!!!!!

She says I remove papers from my bad I did not have a bag with me only a plastic folder like a document wallet(not an A4 polypocket) she said I could open my bag and pinch to finger to remove papers. I put the folder on the table put my right arm across it and slid the papers out with my left hand not pinching at all. Later I slid then in again she said I can manage to give myself my insulin injection as I can use my right hand I CANNOT.

She says I have not been diagnosed with Fibnromyalgia when 2 letters from my GP record this as being diagnosed!!!!

She does not refer to the Appeal decision made for DLA where a unanimous decision of the Tribunal was made by all three panel members stating I was virtually unable to walk.

When asking about how far I could walk she said

"would you say you can walk 5 minutes before pain" and I said NO she then stated "you can walk 3 or 4 then again I said now but she said "m I am putting 4 minutes down!!!!!!!! In the report she has put I can walk 5 minutes then after resting a while I can walk another 5 minutes This is rubbish I am in constant pain. I have fibro, spinal stenosis, trapped nerves and bulging discs at multi levels.

she said i wore gloves and could take them off and put them on again at the end they are large sheepskin mittens that I can easily put my hands in. I could not wear gloves as I wear a hand brace with metal under my palm to support my hand!!!!

At one point she went out of the room as there was a commotion coming from upstairs shouting and banging and she went out to see if the staff were OK this left me lost and I could not remember what we had covered. She does not mention this in her report.

Also she does not refer to Adjudicating Medical Authoritys findings report where they state I have "Impaired spinal function - fully relevant
and I am "Handicapped for standing, walking, bending and lifting and enjoyment of marital life" this is where I was assessed for Industrial Injuries and was awarded 44% disability for life.

She states I do not receive any high level care for my conditions but hospital have put me under the care of my Gp as nothing else they can do for me but give medication to help with pain.

She states I have moderate pain relieving medications is TRAMADOL not a serve pain reliever? She states I do not take the full daily allowance which I do not I use Tramadol 2 x a day in afternoon and evening as it makes me feel really drowsy and I cant function at all if I take 3 lots so I have Paracetamol in the mornings.

She does not refer to neuropathy in my feet at all.

Every section ends with her saying that It is likely that I can manage to do the activities unaided, safely, timely and to an acceptable standard ALL RUBBISH.

Would you suggest I talk to decision maker or try to put in writing I DO NOT KNOW WHAT TO DO AT THIS STAGE. any help will be much appreciated

Hello Jewel

I think you have made an excellent start at trying to explain how the assessor misrepresented your problems in her report; you explain your difficulties very well in your email.

If you go the PIP guides in the website and look at the descriptors there, you will be able to see which ones you are arguing about. Go through each of the descriptors which apply to you and carefully explain how the assessor was wrong in what she wrote. Remember you are arguing about HOW your illness affects you, not the title of your illness etc.

She has made mistakes which are easy to see; all you need to do is make sure that what you are experiencing fits the specific descriptor you are querying and make sure you say clearly where she (the assessor) is wrong. Don't say that she is lying; that will not help you!! Just say that she obviously misunderstood the problems you have and have been having.

It might be an idea to send a copy of the email (without saying to whom it's addressed) in with your application for Mandatory Recon., as well as your written comments about the copy of your assessment. Your email is very good and describes your problems very well.

If your Decision maker is able to change your award you will be f=receive a letter to confirm this; if not the probability he will telephone and explain why he can't change his decision. If he can't change the decision, the next step (obviously) is to go to appeal, and if you decide to do so, get in touch with us again and we will try to help you through the process.

Good luck

Hello Mods

would anyone be able to look at my MR for PIP letter for me please I will also send a copy of my medical assessment?

thank you for your help again

Jewels

another issue with my PIP decision is that I was awarded no points at all but use aids are you not supposed to be given points for perching stool, toilet wiper, walking stick, chair in shower shoe horn and wrist brace??????