- Posts: 4
× Members
Help please!
- Betty
- Topic Author
- Offline
Less More
8 years 1 week ago #157073 by Betty
Help please! was created by Betty
Hello, I am new to this site and wonder if somebody can help me, please.
They have recently stopped my DLA/ PIP ( no points assigned at all) and I have time until the 3rd of May for a reconsideration.
I have already been to the tribunal three times ( first time lost the appeal, but won the other two times; last was two years ago) and hope to be able to avoid that this time!
My illness/disability is ME (Chronic Fatigue) and Post Traumatic Stress Disorder( anxiety and depression). I am 60 years old and claming on and off since 2004.
Since I am now going to therapy(NHS), I'll be able to send them a document attesting that I suffer from depression, but I wonder if it would be enough as I had already provided letters by private therapists before.
Do you have suggestion on how to proceed please? What to write in the box ( they are asking to provide written evidence and list any documents)
Also: before their decision, I called the dla office saying that my condition had deteriorated as my leg and joints pain kept me awake at night and I could walk with much more difficulty. This is still the case.
Thank you
They have recently stopped my DLA/ PIP ( no points assigned at all) and I have time until the 3rd of May for a reconsideration.
I have already been to the tribunal three times ( first time lost the appeal, but won the other two times; last was two years ago) and hope to be able to avoid that this time!
My illness/disability is ME (Chronic Fatigue) and Post Traumatic Stress Disorder( anxiety and depression). I am 60 years old and claming on and off since 2004.
Since I am now going to therapy(NHS), I'll be able to send them a document attesting that I suffer from depression, but I wonder if it would be enough as I had already provided letters by private therapists before.
Do you have suggestion on how to proceed please? What to write in the box ( they are asking to provide written evidence and list any documents)
Also: before their decision, I called the dla office saying that my condition had deteriorated as my leg and joints pain kept me awake at night and I could walk with much more difficulty. This is still the case.
Thank you
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51078
8 years 1 week ago #157082 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help please!
Betty
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
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.
- Betty
- Topic Author
- Offline
Less More
- Posts: 4
8 years 6 days ago #157146 by Betty
Replied by Betty on topic Help please!
Thank you Gordon for your reply.
I have already the Decision Maker's Reasoning about my assessment.
Basically they were not convinced of the fact that I am unable to carry out normal daily activities like cooking, dressing, washing and walking, if I have not enough rest.
Enough rest for me means that I normally need to lie still in bed until around 4pm. After this time I am generally able to cook, look after my appearance and clean the house, or read. But of course this is not normal living! And also these abilities depend on how I feel emotionally.
Occasionally, when it's necessary, I am able to do the effort to go into places in the morning but it's a huge struggle for me and come home exhausted. This is what happened for the assessment, not to mention the tension and anxiety I feel when I travel- but all of this was denied.
It was not accepted that I have difficulties in engaging with other people and communicating verbally, but in fact I have: I live like a recluse and the only people I am engaging with are my therapists ( mostly private practices).Because this is going on for so many years, I can speak of myself and my needs quite fluently, especially to professionals, but in normal circumstances I am very blocked, scared and totally unable to find words (aphasia).
They say I have normal power in my legs and can stand and move more than 200 metres. As a matter of fact I have a lot of legs pain that keep me awake at night. I always make the effort to walk, even exercise in small ways, because I don't want my condition to worsen by inactivity.
Furthermore I have learning difficulties that make communication difficult: I am unable to take in information at a normal speed and some auditory problem that cause me to misinterpret sounds. It takes me ages to write and read. I accept that this is not so evident, nevertheless it makes my life very difficult.
Hope I gave you a clear enough picture! Thank you
I have already the Decision Maker's Reasoning about my assessment.
Basically they were not convinced of the fact that I am unable to carry out normal daily activities like cooking, dressing, washing and walking, if I have not enough rest.
Enough rest for me means that I normally need to lie still in bed until around 4pm. After this time I am generally able to cook, look after my appearance and clean the house, or read. But of course this is not normal living! And also these abilities depend on how I feel emotionally.
Occasionally, when it's necessary, I am able to do the effort to go into places in the morning but it's a huge struggle for me and come home exhausted. This is what happened for the assessment, not to mention the tension and anxiety I feel when I travel- but all of this was denied.
It was not accepted that I have difficulties in engaging with other people and communicating verbally, but in fact I have: I live like a recluse and the only people I am engaging with are my therapists ( mostly private practices).Because this is going on for so many years, I can speak of myself and my needs quite fluently, especially to professionals, but in normal circumstances I am very blocked, scared and totally unable to find words (aphasia).
They say I have normal power in my legs and can stand and move more than 200 metres. As a matter of fact I have a lot of legs pain that keep me awake at night. I always make the effort to walk, even exercise in small ways, because I don't want my condition to worsen by inactivity.
Furthermore I have learning difficulties that make communication difficult: I am unable to take in information at a normal speed and some auditory problem that cause me to misinterpret sounds. It takes me ages to write and read. I accept that this is not so evident, nevertheless it makes my life very difficult.
Hope I gave you a clear enough picture! Thank you
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51078
8 years 6 days ago #157160 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help please!
Betty
I would still request the assessment report, there may be differences between what the assessor recommended and what the Decision Maker awarded.
You really need to go back to basics, the first thing is to make sure that you understand the criteria you are being assessed against, the Descriptors for each activity have very specific and legal definitions, you need to match your limitations to these in order to score points.
All activities must be completed "reliably" and on the "majority of days" not to score points, these terms are explained in more detail in the PIP Claim guide.
Taking the following at face value
would suggest that you do not have problems with Preparing Food, Washing and Bathing and Dressing and Undressing, I suspect that this was not what you intended.
Activities are not required to be completed pain free, however, pain, exhaustion or breathlessness that limits your ability to complete an activity should.
Once you have had a look at the criteria and the definitions for the above phrases, you should go back through your PIP2 with the Claim guide and the assessment report to see where you have failed to detail your limitations sufficiently or have misunderstood the criteria.
Gordon
I would still request the assessment report, there may be differences between what the assessor recommended and what the Decision Maker awarded.
You really need to go back to basics, the first thing is to make sure that you understand the criteria you are being assessed against, the Descriptors for each activity have very specific and legal definitions, you need to match your limitations to these in order to score points.
All activities must be completed "reliably" and on the "majority of days" not to score points, these terms are explained in more detail in the PIP Claim guide.
Taking the following at face value
After this time I am generally able to cook, look after my appearance and clean the house, or read
would suggest that you do not have problems with Preparing Food, Washing and Bathing and Dressing and Undressing, I suspect that this was not what you intended.
Activities are not required to be completed pain free, however, pain, exhaustion or breathlessness that limits your ability to complete an activity should.
Once you have had a look at the criteria and the definitions for the above phrases, you should go back through your PIP2 with the Claim guide and the assessment report to see where you have failed to detail your limitations sufficiently or have misunderstood the criteria.
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.
- Betty
- Topic Author
- Offline
Less More
- Posts: 4
7 years 11 months ago #157572 by Betty
Replied by Betty on topic Help please!
Hi Gordon,
I asked for the assessment as you suggested but I didn't receive it yet.
As my deadline for the reconsideration is the 5th of May, I have written a letter and I am wondering if I can sent it to you for any advice or change.
Thank you for pointing out my mistake in saying what I am able to do rather than the opposite!
The fact is: I can take care of myself only because I have plenty of rest and any activity I undertake is an effort.
Hope to hear from you soon
I asked for the assessment as you suggested but I didn't receive it yet.
As my deadline for the reconsideration is the 5th of May, I have written a letter and I am wondering if I can sent it to you for any advice or change.
Thank you for pointing out my mistake in saying what I am able to do rather than the opposite!
The fact is: I can take care of myself only because I have plenty of rest and any activity I undertake is an effort.
Hope to hear from you soon
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51078
7 years 11 months ago - 7 years 11 months ago #157613 by Gordon
I('m afraid we cannot look at members letters on the forum. There are template letters you can use to make the request in the PIP section.
It's very important that the request is received by the DWP before the one month is up as failing to do so can result in additional problems. If this will cause you an issue in being able to provide a detailed response due to the missing report, then you can make a request for the MR and tell the DWP that you will sending further information as soon as the report is received. They should give you four weeks to do this but we recommend sending it sooner if at all possible as we regularly see members report that their additional information has crossed the MR decision in the DWP internal mail.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help please!
Betty wrote: Hi Gordon,
I asked for the assessment as you suggested but I didn't receive it yet.
As my deadline for the reconsideration is the 5th of May, I have written a letter and I am wondering if I can sent it to you for any advice or change.
Thank you for pointing out my mistake in saying what I am able to do rather than the opposite!
The fact is: I can take care of myself only because I have plenty of rest and any activity I undertake is an effort.
Hope to hear from you soon
I('m afraid we cannot look at members letters on the forum. There are template letters you can use to make the request in the PIP section.
It's very important that the request is received by the DWP before the one month is up as failing to do so can result in additional problems. If this will cause you an issue in being able to provide a detailed response due to the missing report, then you can make a request for the MR and tell the DWP that you will sending further information as soon as the report is received. They should give you four weeks to do this but we recommend sending it sooner if at all possible as we regularly see members report that their additional information has crossed the MR decision in the DWP internal mail.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by Gordon.
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris