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5 years 4 months ago #221520 by Chris
Replied by Chris on topic PIP Assessment Report before Decision
Gordon,

That is great, thank you. I'm beginning to feel I'm getting somewhere.

Can I ask if you would take a quick look at the first few lines only of the letter I have prepared for the DM to check that I am more or less hitting the mark please?

Dear Sir/Ms

CONCERNS ABOUT THE CONSULTATION REPORT PA4

I would be grateful if the information below could be taken into consideration in my PIP application.

I do not consider that the assessment provider took full account of the severity of my conditions or of the way it affects my everyday activities and bodily functions.

I believe I have shown that I need a perching stool to prepare or cook a simple meal. Can I refer you to my answer for question (1) in AR1. The assessment provider has failed to take account of my need for an aid due to my difficulties standing up for the time taken to prepare or cook, and is not addressed by any of the medication that has been prescribed to me in the past. Nor have they considered the exhaustion that is a result of long-term Chronic Fatigue Syndrome, as I recorded on the form, my maximum total accumulated time standing up on most days I can manage is less than 2% of the day.

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5 years 4 months ago #221527 by Gordon
Replied by Gordon on topic PIP Assessment Report before Decision
Christophe

The only thing I would add is the condition that requires you to need a perching stool.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 4 months ago #221556 by Chris
Replied by Chris on topic PIP Assessment Report before Decision
Gordon,

I have completed my letter to the DM but, before sending it, I would be grateful if you could look at some, or all, of my 3 queries below.

1)The sample writing for one of the activities that I messaged to you last week has got a litlle longer and I may have gone into 'waffling' territory. As I have 7 activities to comment on, I realise I need to keep each one as short as I can. Would you mind taking a look at my first activity which I include below?

'I believe I have shown that I need a perching stool to prepare or cook a simple meal. I refer you to my answer for question (1).
The assessment provider has failed to take account of my need for an aid due to my orthostatic intolerance - inability to sustain upright activity – that is a result of my ME/CFS and has not been addressed by any of the medication or treatments prescribed to me since 2010.
As I recorded on the form, my total accumulated time in an upright position on most days is less than 2% over 24 hours.
The assessment provider has also failed to consider the constant exhaustion, physical and mental, that is a result of ME/CFS which means on most days I can only heat up a can of beans or food a friend prepares for me several days of the week.'

2) My second query is about those activities where I have a medical report but the evidence does not specifically address a descriptor. So shall I take a chance and just refer to the evidence, or do I go back to having to do a little more work and refer to my answer in question (x). `or like I've done, combine both. I include below another activity where I have done both.

'I believe I have shown that I can’t hear to an acceptable standard complex verbal information even with use of an aid. I refer you to my answer for question (7) and documents (1) and (2) in the evidence.
The assessor has failed to take account of my need for communication support to understand complex communication due to having to wear ear plugs or/and a noise cancelling headset up to 20 hours everyday as a result of severe Misophonia, and is not addressed by any of the medication prescribed to me, or the series of physical and mental treatments received since 2010.
The assessment provider has also failed to consider that I rely heavily on the support of others who know me well and on written communication.'

3) In future, I plan to obtain medical evidence that specifically address the activities, but for now, I want to give myself the best chances to convince the DM with my letter. I had an emergency appointment with my GP in relation to suicidal issues following reception of the assessment report. Is it acceptable for me to mention that in the letter?

Many thanks

Christophe

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5 years 4 months ago #221593 by Gordon
Replied by Gordon on topic PIP Assessment Report before Decision
Christophe

1. What you have written is fine, brevity is important but don't get hung up on it, the important thing is to get the letter in the post :)

2. Just make sure that have read and understood the legal definitions for complex verbal information and Communications Support.

3. It can't hurt to include the information.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Chris, layla

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5 years 4 months ago #221666 by Chris
Replied by Chris on topic PIP Assessment Report before Decision
Gordon,

Thank you, my letter to the DM is now on its way, Special Delivery.

Tomorrow I have an emergency appointment with my GP, and I plan to discuss my need for medical evidence (may be my letter to the DM will be enough - one can dream - and no further evidence required, however better start the process of collecting better evidence now in case my application goes to MR).

What would constitute the ideal medical evidence e.g format?

My guess is evidence written by a medical person that specifically addresses each activity individually. I found the file PIP GP Notes but some of the feedback stated that in some case the tribunal rejected them because they argued that words had been put into the GPs mouth and that the GP's could not possibly have known some of the details as they don't live with the claimant :(

Do you have a few bullet points on what constitutes the 'ideal' evidence?

I'm thinking it may be helpful for me to prepare a letter (request for evidence) with copy of relevant activities and my comments on how and why I meet them, and let the GP use its judgement.

Any pointers would be welcome.

Thank you

Christophe

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5 years 4 months ago #221687 by Gordon
Replied by Gordon on topic PIP Assessment Report before Decision
Christophe

There really isn't a list that I can give, as you have surmised, ideally, you want your GP to comment on the problems that you have with completing the PIP activities.

There will be things that they should be comfortable writing about, for example; a physical issue that limits your walking, Arthritis in the hand that means you can't grip, or Agoraphobia that limits your going out.

They may be able to reasonably imply problems, so someone with OCD might reasonably be expected to have problems completing the tasks in a reasonable time, someone with Dementia would need supervision in the kitchen.

Lastly, they may be willing to take your word as to other problems that you have.
,
However, in my experience, the limiting factor will be what the GP is willing to do, so rather than presenting them with a pile of information, I would ask them what is the best way for you to help them write a letter or report and then respond accordingly.

Gordon

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