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- HippyChick73
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 		 			 	 						9 years 5 months ago				#158796 		by HippyChick73 	  	 		 			 	    			 			 		 													
 	 				PIP. Anyone had this happen was created by HippyChick73			
  			 				Hi All
I just had my pip award letter
 
Im in the support group at present was placed in it with no problem back in January.
i can't weight bear on my left leg and unable to use crutches due to problems with griping in my hands and im waiting for operation on my back , numerous slipped / bulging disc problem and very very severe sciatica on numerous tablet 5 different types a day
 
So I had my PIP interview at a place 30 miles away from where I live despite there being 2 offices within a 5 -10 min drive
My brother in law took me in his SUV as I can't get into a normal car due to my back / leg problem
 
I use a wheelchair at the moment for when I go out anywhere and I neec to have someone to push me as I can't use my left hand properly
 
interview was going ok she examined my leg asked me to move both of them then she asked me to
stand up .
 
I said I couldn't stand up if I do I will fall over and hurt myself
She asked me again to stand and I gave the same answer
 
She then said "am I declining to stand up "
 
I replied "no I simply can't do it without falling over and hurting myself and im not prepared to do that "
I added that my doctor & physio had both told me not to try and mobilise myself until I see the consultant about my operation
 
She then muttered under her breath that I will have to stop the interview if you don't stand up and continue to decline
I shrugged and said well im not refusing to do anything but I can't physically stand up without falling over and hurting myself
 
So that was it interview over
 
So yesterday I just received the letter and I got standard rate care & No mobility despite not being able to walk or stand up
 
Now im going to appeal , have rang up and asked for a reconsideration and asked for the medical report so I can see what's been writen
 
But im sure that she used the word decline ( which I never said ) to say that she couldn't examine he hence no mobility . She was quite insitant on using the word decline several times .
 
She did examine my leg while I was sat down but obviously I couldn't stand up as im not able to
 
when I had my ESA appointment he noted that I could not mobilise so did not ask me to stand as I clearly couldnt do that
 
Has anyone else had this happen to them in that they use the words decline in such a sneaky way
 
It was obvious that I wasn't declining to be examined but I couldn't physically do what she asked
 
But I belive she has used the word decline in order to give me no mobility award
 
I got standard rate care and no mobility
Any tips on how I should appeal this in the MR
I Know I don't have my nedical report yet but this is definatly the case as I fit the descriptors for high rate mobility
How do I say that I didn't decline to be examined I simply couldn't do what I was asked to do
I do have a witness who is prepared to write a statement confirming what happened
 
 
Timeline for this for anyone that is interested my form was submitted on 11 Feb 2016 got interview 4th May and got reply back on the 16th May so less than 3 months start to finnish -although I have to go through the MR now. Im in the South West so they seem to be a bit on the ball down here
My ESA was 11 week till interview and got my anwser 10 days later and places in the support group
 
Thanks In Advance
  					I just had my pip award letter
Im in the support group at present was placed in it with no problem back in January.
i can't weight bear on my left leg and unable to use crutches due to problems with griping in my hands and im waiting for operation on my back , numerous slipped / bulging disc problem and very very severe sciatica on numerous tablet 5 different types a day
So I had my PIP interview at a place 30 miles away from where I live despite there being 2 offices within a 5 -10 min drive
My brother in law took me in his SUV as I can't get into a normal car due to my back / leg problem
I use a wheelchair at the moment for when I go out anywhere and I neec to have someone to push me as I can't use my left hand properly
interview was going ok she examined my leg asked me to move both of them then she asked me to
stand up .
I said I couldn't stand up if I do I will fall over and hurt myself
She asked me again to stand and I gave the same answer
She then said "am I declining to stand up "
I replied "no I simply can't do it without falling over and hurting myself and im not prepared to do that "
I added that my doctor & physio had both told me not to try and mobilise myself until I see the consultant about my operation
She then muttered under her breath that I will have to stop the interview if you don't stand up and continue to decline
I shrugged and said well im not refusing to do anything but I can't physically stand up without falling over and hurting myself
So that was it interview over
So yesterday I just received the letter and I got standard rate care & No mobility despite not being able to walk or stand up
Now im going to appeal , have rang up and asked for a reconsideration and asked for the medical report so I can see what's been writen
But im sure that she used the word decline ( which I never said ) to say that she couldn't examine he hence no mobility . She was quite insitant on using the word decline several times .
She did examine my leg while I was sat down but obviously I couldn't stand up as im not able to
when I had my ESA appointment he noted that I could not mobilise so did not ask me to stand as I clearly couldnt do that
Has anyone else had this happen to them in that they use the words decline in such a sneaky way
It was obvious that I wasn't declining to be examined but I couldn't physically do what she asked
But I belive she has used the word decline in order to give me no mobility award
I got standard rate care and no mobility
Any tips on how I should appeal this in the MR
I Know I don't have my nedical report yet but this is definatly the case as I fit the descriptors for high rate mobility
How do I say that I didn't decline to be examined I simply couldn't do what I was asked to do
I do have a witness who is prepared to write a statement confirming what happened
Timeline for this for anyone that is interested my form was submitted on 11 Feb 2016 got interview 4th May and got reply back on the 16th May so less than 3 months start to finnish -although I have to go through the MR now. Im in the South West so they seem to be a bit on the ball down here
My ESA was 11 week till interview and got my anwser 10 days later and places in the support group
Thanks In Advance
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- Gordon
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 			 	 						9 years 5 months ago				#158826 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by Gordon on topic PIP. Anyone had this happen			
  			 				HippyChick
 
We have seen it before, try not to get hung up on it, you have more chance of an award by explaining what would have happened if you had agreed to do the exercise than arguing over whether you declined or not.
 
Gordon
  							We have seen it before, try not to get hung up on it, you have more chance of an award by explaining what would have happened if you had agreed to do the exercise than arguing over whether you declined or not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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