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PIP review assessment in the morning

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5 years 2 months ago #226443 by Gordon
Replied by Gordon on topic PIP review assessment in the morning
raindaisy

There's no reason why your GP letter should not be taken into account but it will help if the GP specifies that it applies to the date of the assessment.

Do you have a copy of the previous PA4 that the assessor refers to?

Gordon

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5 years 2 months ago #226447 by raindaisy
Replied by raindaisy on topic PIP review assessment in the morning
Hi Gordon

yes I do . What should I be looking at ?
At the time I was under the MH team and engaging with them, but I was still on a "low dose" ...again by choice. I did point this out in the initial letter I sent earlier to the DM, I will reiterate it again.
Hopefully , GP will do letter .

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5 years 2 months ago #226452 by raindaisy
Replied by raindaisy on topic PIP review assessment in the morning
I rang Gp this morning they confirmed my medication was increased in January 2017 , which confirms what I said at the f2f. They are going to (hopefully) put it in the letter.
Is there any argument or case where PIP is not awarded if you choose NOT to take advised medication ?
The main reason is anxiety around the toxic drugs offered for fms. and depression mixed together . ive watched my OH organs deteriorate over 25 years taking similar cocktail of toxic drugs for stroke pain. Im not going there.
tia .

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5 years 2 months ago #226464 by Gordon
Replied by Gordon on topic PIP review assessment in the morning

raindaisy wrote: Hi Gordon

yes I do . What should I be looking at ?
At the time I was under the MH team and engaging with them, but I was still on a "low dose" ...again by choice. I did point this out in the initial letter I sent earlier to the DM, I will reiterate it again.
Hopefully , GP will do letter .


In your last post, you mentioned that the assessor and/or DM had repeatedly referred to discrepancies between your AR1 and the previous PA4, you need to see what is they are talking about.

Gordon

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5 years 2 months ago #226465 by Gordon
Replied by Gordon on topic PIP review assessment in the morning

raindaisy wrote: I rang Gp this morning they confirmed my medication was increased in January 2017 , which confirms what I said at the f2f. They are going to (hopefully) put it in the letter.
Is there any argument or case where PIP is not awarded if you choose NOT to take advised medication ?
The main reason is anxiety around the toxic drugs offered for fms. and depression mixed together . ive watched my OH organs deteriorate over 25 years taking similar cocktail of toxic drugs for stroke pain. Im not going there.
tia .


I'm not aware of any Case Law in this area but the general rule is that the DWP can assume the benefits of medication unless the claimant explains why they cannot take it, concerns about side effects would be reasonable.

Gordon

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

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5 years 2 months ago #226562 by raindaisy
Replied by raindaisy on topic PIP review assessment in the morning
Hi ,

OK I am ploughing through my MR as advised by you .
Fact: the HP has used PA4 as evidence to reduce points .
The discrepancies is on each justification this HP has focused on , and only on , mental health.
However , I have ticked no change and reported or harder because of increased pain, stiffness inflexible spine , fatigue .
Whilst this HP has referred only to the MH on PA4 , she has most definitely ignored and not recorded pain fatigue exhaustion etc...as the other HP has acknowledged fms ettc. The PA4 HP has also gone to far to say on observation MSO , these are consistent with fibromyalgia and arthritis and reduced spinal flexion and hip extension" again cut and pasted this statement throughout his report.
On that report , I did not have any medical evidence to support why I was in so much pain and the extent of the OA , multilevel spine spondylosis , shoulder dysfunction and Erosive OA on hands. I do now.

Am I correct in saying the HP on this report has cherry picked MH only ?????, focused on all personal care activities MH only??? for which at the time I did have medical evidence for MH, but not medical evidence for the extent of OA etc.
Therefore, it blatantly has jumped out that this HP has completely ignored the FMS and all the difficulties I have described around the pain stiffness, unable to move etc ...and misled the DM that this a MH claimant with no MH evidence. ???
This HP has listed depression and anxiety as the first condition. My main disability is bloody fm!! The other HP on PA4 has correctly listed "widespread fibroymyalgia" and Chronic fatique . This one hasnt . I put it on my form . she didnt .
This HP has not listed my consultant letter confirming the dx fms , this as evidence , which I didnt send( I dont think as it said not too I'll resend it. )
but she has put " 42 pieces of previous evidence considered" at the bottom of the report.
I am going for:
1 pt - treatment ( pointless point) scored 0.
4e / 4f 3pts washing bathing. scored 2pts 4 c . I scored same 2 last time but on MH evidence. This I have reported increased pain etc, increased pain dosage, supplied medical evidence which backs up why I have severe pain...and all this has been ignored.
Dressing and undressing awarded 0 this . 2pts last time on MH but he aknowledged physical rescritions are consistent with her symtoms of her dx arthritis and fms ..etc" But he awarded 2 pts on 6c., because I had MH evidence and no further evidence of extent of OA etc.

Therefore , is it fair to challenge the report that all my reported and supported pain and difficulties with fms etc and the time , have been kicked to kerb over MH. ?
thanks G in advance .

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