PIP review assessment in the morning

Yes definitely Gordon ,
there are repeated statements on the new HP report and DM letter :
On this HP reports on all activities , justification starts :

"AR1 reports no change, PA4 reports D.(etc).. this is inconsistent with this report..."

I have it in front of me now , it is on all activities numbers : 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

" She has no diagnosed cognitive conditions and although she has a mental health condition, she takes low dose first line medication and has no specialist input or care plan”
It dismisses the fibromyalgia and arthritis , pain etc by stating :
" Although she has a dx of fibromyalgia and arthritis in her hands and shoulders , she has been discharged from specialist care and takes moderate pain relief"
this repeated also throughout the form on activities 4 . 6. 12 . No mention what so ever of the pain etc.

30mg/500mg is not for moderate pain relief , it is prescribed for severe pain. It has been increased since 2016.

on the PA4 it is clearly stated :
her reprted physical restrictions are consistent with symptoms of fibromyalgia and arthritis and her MSO which identified reduced spinal flexion and hip extension"
He has recorded this on 4. 6. 12 .

Hi
sorry , dont mean to get on your nerves here, ive been ferreting away here and im acutally shaking. heres one for you .
I 1st applied for PIP in March 2014.
0 pts on both .
Appealed.
Tribunal allowed appeal. 10/07/2015.
I was awarded 8 pts for mobility 2c Moving Around , move 20 m no more than 50m. decison based on Fibromyalgia applying regs 4 (2A) .
March 2016 PIP2 (UI) form completed.
Had f2f july 2016 PA4 report which current HP referring to .
Awarded 8pts for Daily .
Awarded 8 pts mobility ( 4 for planning 4 for moving around)
So there was a down awarded on mobility , but I didnt challenge as I was happy to finally get 8pts for daily living.
on my PIP (IU) 2016 i ticked between 20-50 m
on my PIP AR1 2017 i ticked between 20-50m harder. and I have gone into detail only about pain pain pain and now I have medical evidence supporting the reason why i limp and walk at a snail pace as the spondylosis is in the whole spine .

Readiing all this I feel postive I have a good chance of challenging this bloody review . Is it ok do think whilst I am using/referring back the PA4 as an argument , I can also referr back to the appeal decison in 2015 ?
thank you . one day I will out of your hair
tia

Hi

PIP review

MR - done and dusted -

No award on both .
MP letter- done and dusted.

Appeal form submitted with help from CAB , but I sent it in.

CAB have drafted an appeal letter. Their awarding of points is different to my MR .
I haven’t sent it in yet . I was working on it.

My own MR using your guidelines
Daily Living 17 points
Mobility 8 points ( 8 points moving around)
I didn’t ask for 4 point on planning as I understand rules have changed.

My initial claim in 2014 I awarded 0 points Mobility.
I went to Tribunal in July 2015 and I was awarded 8 points for Moving around . 0 points for planning. 0 points for DL

Intervention March 2016
Daily Living 9 points
Mobility 8 points – only this time , 4 Planning , 4 Moving around.
I didn’t appeal .

This time I was awarded 8 points daily living
4 points moving around .
No award .

It was review I ticked harder and supplied new medical evidence.

Got message DWP appeal Dm wanted to speak to me.

So got all my stuff out ready , logged in to your guide, and waited for the call. No call. So I rang them. He said the decision is being changed. A DM will call you.

So just been on the phone to decision maker , he has changed the decision:
To award the same as before .
Standard Daily 9 points
Standard Mobility 4 Planning 4 Moving.

Really ggod news as lost SDP as well as ESA IR and PIP. But…

I said before I accept can i run through my MR and what CAB say. he said yes.
So I did , activity by activity.

CAB points came to 19 points . MR came 17 points
CAB 1e . 2d . 3a (i) . 4d . 5b . 6e . 7a . 8a . 9b. 10a. = 19points
My MR was 1b. 2a. 6f , rest the same = 17 points.

CAB went with Activity 1 a Activity 2 c = 8pts . Same as me .

He said “Well there is 127 pages I have been through , ( ?) and the medical evidence is strong not enough to support 17 points , and we never listen to CAB , they always over estimate and they don’t really know the law. "

Right oh

So I then went through the initial claim 2014 , appeal 2015 , next intervention 2016 , f2f and change of decision in 2016 and explained you have much much more medical evidence that is consistent with the difficulties I am having on a daily basis , including the pain etc...

However, I went on to say I would accept standard rate daily living as i really don’t want to sit in front of an all-male tribunal panel again and discuss my knickers , bra and incontinence etc...
But I will not accept the 4 pts planning and 4 pts moving around as the pain I experience with walking is from the onset and now I have not one explanation but multilevel OA in my whole spine and 2 bulging discs at the bottom and 2 at the top..walking is a real issue for me ..
His reply .. " I have bulging discs but the medical evidence doesnt mean you are in pain...
I said "Ahmeed , do you have Fibromyalgia pain on top of your bulging disc pain ?"
No I dont...
So i said , “I would ask you please consider my primary physical disability Fibromyalgia on top of the OA "

I mentioned a recent evidence I sent with MR re mental health...he hadn’t seen that
I mentioned I had also had an WCA for ESA in April …and put in SG . he didn’t know that .
I said read that report ...it is totally the opposite to the PIP report on Mobility.
The ESA observed me walking 15m with difficulty....
The PIP asked how far on the street can I walk..I said the Iceland sign..she guesstimated ...80m!
I only walked 10 steps into the interview room. !

i said i would accept standard , but know a Tribunal would give my evidence more scrutiny and would be medically qualified to observe it...

I said I would not accept 4 points for moving around ..since my walking has worsened since the 2015 Tribunal decision to award me 8 points for moving around. And it was getting worse.

so an hour later...he said he is going to look at the evidence again , the evidence he didnt see ???? and the more recent ESA report and call me back tomorrow.

My question is this ...
can I accept his "offer" of same as before , DL =9 points, Mob 4 + 4 points ...and appeal the moving around ? as I really feel strongly the 8 points for moving around are important and apply in my case.

He said I have to accept his offer and no I can not go on to tribunal .
He said If i dont accept , it goes to tribunal.


Im struggling here gordon . Tia .