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7 years 10 months ago #160325 by MOGGY
PIP was created by MOGGY
Hi,
I was last in touch last year when I was trying to claim ESA. I followed all your advice and was so relieved and happy to be awarded this benefit and put into the support group last November, thank you.
I decided to try claiming PIP and I applied Jan 2016, a couple of months after my succesful ESA claim.
In March I received a decision from DWP that I was not entitled to PIP and I had been awarded zero points for mobility and daily care.
I asked for a mandatory reconsideration and received a letter last week to inform me that although I had been awarded a few points for both components I still didn't have enough to qualify for PIP.
Although my doctor had confirmed I had problems with mobility and standing, degenerated disc disease with bulging discs, I also have a low-grade infection in my spine, I suffer incontinence, diabetes - hypo's, diabetic neuropathy, vision problems, frozen shoulder and that I need help with medication as I have taken an accidental overdose in the past.
The DM seemed to ignore my GPs factual report, they said I receive no specialist care for my sight even though I have a injection into each eyeball each month along with intermittent laser treatment The Capita assessor had said I had 'below normal vision' but the DM said my sight was 'adequate for my daily needs'.
The DM had acknowledged I had 'sometime' incontinence. The Dm said that the assessor had observed me walk 'normally if slowly?...using a stick (for the few yards to the assessment room) so that on that basis I can walk unaided at least 50 metres but no more than 200metres! Wouldn't get me to the nearest bus stop.
At most I can walk a few metres, no more than 10 and I have to stop, sit down for 30mins before I could attempt another short walk, I feel intense pain and my back and legs feel 'wobbly'. Because I cannot stand for very long (5 mins at most), bend or stretch I need help with washing, bathing, dressing, someone to cook my meals.
It was noted by the assessor that I was overweight so the DM deduced I can stand and cook, my weight proved that! It was observed I was clean so that proved I can look after my daily personal needs. (I had told the assessor my husband had helped to bathe and dress me that morning. I had been asked to stand on one leg and even though I had to hold onto the table and I could not raise either leg higher than half an inch off the floor this fact seems to have been omitted. The assessor had said I had told him things which I had not said...things I had said did not seem to be documented though.
It seems that everything that proves my disability was ignored and anything they deemed to make me look perfectly healthy they used.(I looked well nourished and clean!)
I pointed out that the assessor had observed me for no longer than 20mins or so but my GP had known me for a number of years.
The most patronising and nauseating part of the DMs reply to my mandatory reconsideration was that she stated.........As I could walk to wherever I needed to get to...and as long as I am 'positioned' close to a toilet....she could see no reason why I cannot get a job!!!
As my claim for ESA started last May I am now dreading a letter informing me that my ESA claim is being terminated on their findings of my PIP claim.
I never had a date as to how long my ESA award was for so I suppose they can stop that.
I am appealing their PIP decision but of course it causes yet more anxiety when I feel unwell and so so tired (they ignored that too).
It's a shame that the tribunals can't charge the DWP for wasting time and money, perhaps if these DMs were held accountable for the stupid decisions that they make common sense may prevail!!! :angry:

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7 years 10 months ago #160377 by Gordon
Replied by Gordon on topic PIP
Moggy

A belated congratulations on the ESA.

As to the PIP, I would start by going through your PIP2 form, the PIP Claim guide and the assessment report to see why you haven't scored, try not to get caught up with arguing every issue on the report, your primary goal is to show that you meet the criteria for an award. Also, try and stick to arguing the facts rather than the opinions of the assessor as you are likely to have more success.

If you have any questions then please reply to this post and we will do our best to help.

Gordon

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

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7 years 10 months ago #160392 by MOGGY
Replied by MOGGY on topic PIP
Hi Gordon,

Thank you for your reply to my 'rant'. I appreciate you have many posts on this forum.
I had asked for a copy of my face to face assessment and a copy of my G.Ps report when I sent off my letter to them asking for my MR so I could check them and send in anything additional I thought would help.
I got the assessment and G.P. report this morning, a week after receiving the MR outcome.
I feel very naive now that I didn't bother to ask for recording of the assessment.
I have a 'frozen' right shoulder and I'm right handed so this causes problems. The assessor said I had problems with my left shoulder! (I have in the past and it still causes problems).
He stated I hadn't seen a health professional for 4 months despite me seeing a back and eye specialist recently!
It seems that everything I had said had been ignored or that I had said something different.
He seems to have made up things I hadn't said.
I was observed touching the back of my head and yet I'd struggle to reach up and do this.
It's so frustrating, I've virtually been accused of telling lies about my illnesses and how they affect my day to day life.
I am getting in touch with my G.P surgery on Wednesday as this is the only day the person dealing with 'private works' is there, I will ask to see my medical records.
I know I will have to pay for this but I have to prove I have specialist care for Diabetic Macular Oedema and that I also see a spinal consultant.
The assessor had also stated I have never received physiotherapy even though I said I had done, along with 2 courses of Hydrotherapy.
As regards the appeal (which I am dreading) I will just provide evidence that proves the assessment report to be incorrect and hope for the best!
I feel for all others in the same position and wish them all the best and congratulate anyone who has had a successful award/appeal.
Keep up the good work, it's obvious from all the posts on here that this site is invaluable for the advice it gives.
I will keep you posted regards my appeal.
Many thanks x

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7 years 10 months ago #160414 by slugsta
Replied by slugsta on topic PIP
I am sorry that you are going through this :(

Don't forget that you will only be awarded PIP by showing how and where you meet the specific descriptors. Don't spend too much time and energy arguing with each word of the assessment as this, in itself, will not get you PIP.

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

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7 years 10 months ago #160467 by MOGGY
Replied by MOGGY on topic PIP
Hi Mrs Hurtyback,

The most recent MRI scan and X-ray I had showed further changes to my spine along with inflammation and raised markers indicating low grade infection so the consultant decided that I should have a spinal biopsy.
Some pathogens he thought might culture haven't and they have a couple more months to see if one of the samples cultures TB or not. (I was exposed to TB as a small child)
He as decided to treat me 'conservatively' (whatever that means!) but in the meantime the multidisciplinary team have suggested that I start a course of 2 antibiotics that target TB 'just in case'.
These meds can cause very serious side effects and I have to have weekly blood tests for the course which can take anything from 6wks to several months.
The pain in my back and the other problems I have do indeed get me down and cause me tiredness that is almost as debilitating as my spine.
As I had been successful in my claim for ESA at the end of last year (support group) would it be appropriate to ask the DWP for a copy of that assessment and how I met the descriptors? or can I ask the tribunal to ask for it?

Thank you x

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7 years 10 months ago #160484 by Gordon
Replied by Gordon on topic PIP
Moggy

Yes you can ask for your ESA report, given the time you should make a Subject Access Request.

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

You will need to explain why you think it is relevant to the PIP activities and you need to be aware that even though there are areas of crossover between the two the criteria for each can actually be quite different.

Gordon

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