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Refused pip daily part even tho evidence please he

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8 years 3 months ago #179567 by Nicola
Good Afternoon. I have used your site and it proved helpful. I was awarded enhanced mobility. But they have refused the daily living. I had 6 points. But it seems they have missed or unread proof of. Disabilities I have. I need at ask for a reconsideration.this is what they decided:

Please forgive me, some of this is personal, but I need your help.



Managing treatments, they gave zero, even though I need both prompting to take my medication, and need reminding by my son, because even tho I have an alarm to remind me, once I turn it off, I still forget, even then, I have both overdosed and underdosed on my medication they knew this.

Preparing food awarded 2 points, whereas with out supervision or assistance, I injure myself. I do have photos of this, but did not included them then.

Eating and drinking 0 points, whereas, I need a therapeutic source to eat, or I do not eat . And I also need prompting to eat, when depressed. They said because that I had no prescription for supplements for nourishment and no professional Input related to my diet, I scored a zero because of this.


Even tho I am on anti depressants, they say there is not enough evidence to prove I am depressed. I nearly took my own life Christmas Eve. Atos knew this. We told them. We also told them I have been offered councillors on the NHS for serious abuse, but am waiting for my first appointment. And they had a letter from my former NHS therapist saying when my last course of counselling stopped, that I was still seriously to moderate depressed state.

Communication, I received zero points even tho I was stuttering and nearly incoherent at the face to face interview. As well as crying thro most of it. I needed a friend, to remind and prompt me for certain questions, but they said I understood and answered questions well. if my friend has not have been there, I would not have been able to do the interview, or answer the questions correctly. None of this was mentioned in their decision, only that I understood and answered the questions well!

Communicating verbally, I need a hearing aid to hear, but they said I can hear, so awarded no points.


Reading. They awarded zero points, quoting one of my hobbies is reading. But this is only actually when I am able to read. And that is just books I have read so well I know them by heart. And it's also is not at my leisure, when I am depressed or stressed I find it very hard to concentrate and understand let alone do complex written information and for this I need help.New things to read can also be a struggle for me. Even tho they had received proof that I sent them of a PhD letter from a close friend saying I do not always understand complex forms and need help with them, as well as needing three days prompting and supervision to fill in the pip. This with, With both friends and cab. They also knew this, we said it on the form. But they still awarded zero.

Dressing and undressing they awarded zero points, despite needing assistance to undress my lower body, due to fibromyalgia. They acknowledged the fibro, but took no notice of the answer we put on the pip form about dressing and undressing, including using Velcro shoes and needing my son to help me undress.. I only got points cos of the fibro on preparing food and washing and bathing. I have photos of the state of my legs getting swollen because of even wearing clothes. Just wearing clothes let alone take them off. Also We put I cannot always wear a bra due to it being to painful to put it on!

Managing toilet needs or incontinence scored zero, but they only mentioned I indicated, that I am not incontinent, but not the fact I need the use of bar on the toilet to help my self up, when I find it difficult, when on the toilet. But I forgot to tell them about the bars.
I can of course take pictures of this, should I?

As for personal body, I did not even think to put on the form about the incontinence, I just didn't think about it at the time. So I said no. But it only occurred to me afterwards that I
did not mention I need moist wipes.I cannot clean myself properly, but I get embarrassed, and often need a change of underwear, because of this. Social services, did at one point offer to have someone come and help me bathe, but I said no, due to being abused as a child, so struggle alone. we did not put this on the form and I cannot prove it as it was a conversation over the phone with social services.. I put I used an aid, for the toilet of a raised toilet seat and shower seat. They ignored totally the raised toilet seat. So only washing needs were considered no toilet needs at all.



Even tho I have a dioganosis of epilepsy, which can be brought on by stress and even over tiredness, and the fact I need a specialist lock on the shower door, and I should not go out alone, this was not taken into consideration at all. One of my children is supposed to be in the house when I bathe in case anything happens. They didn't even mention the epilepsy.

Atos did not tell them my condition mentally or I needed help, with a friend.Neither did they mention I nearly took my life at Christmas.
I refused the physical, but the interviewer told them He could see I could move, because I walked in and out, and put the harness on my guide dog!.. they say I can see, due to being able to read, but I have constant bruises, because of the blindness a I do have, where I bang into things.
I have photos of this, I did not include. But because I could do his reading test, with my glasses they said I could see, even tho I explained the bits that were blind are totally blind, hence my guide dog!! I hurt my hands and legs in my own home, where I cannot use my dog. But this is not considered at all.

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8 years 3 months ago #179585 by Gordon
Nicola

We often see discrepancies between the contents of the PIP2 and the assessment. often significant ones, but taking your post as is, I would have to describe the differences as extreme. Either you have failed to document your problems on the PIP2 or the assessor has failed to do their job to an acceptable standard, I'm going with the latter.

This is not something that I usually advise up front, but I would make a formal complaint to the Assessment Provider about the report and I would also make one their professional body.

www.atoshealthcare.com/pip/after_your_Consultation

Unfortunately, these complaints are separate from any action that you need to take with regard the award until and if the report is retracted by ATOS, so you still need to go through the process.

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, the PIP area also has 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

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