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Feeling deflated after being really positive.

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5 years 10 months ago #232757 by Craftyfran
Hi, just wondering if anyone can offer some encouragement as I have gone from feeling really positive with fighting a PIP decision to feeling completely flat today after speaking to a local benefit adviser. I am trying to fight on behalf of my daughter who firstly lost her ESA which we are now waiting on a tribunal date, followed by then losing her PIP in April so we are looking at asking for a mandatory reconsideration. The benefit adviser that had initially made contact re her ESA felt I was able to handle the PIP first stage. He did warn me though it is 4/5 claimants that get knocked back at the Mandatory Reconsideration stage so I was determined to do everything I can to prove the DWP wrong. With my daughters consent we have obtained medical records that clearly contradict what the Health Practitioner assessor from ATOS has put. Also I challenged the distance they had said she had approximately walked. I spoke to the receptionist at the assessment centre who told me under no circumstances could I go down and measure the distance my daughter had walked, she also told me if the health professional had put down a distance then that must be correct otherwise why would she do it? I politely again requested that I wanted to know the exact distance so good enough she said she would speak to her manager. Within an hour she had returned my call to tell me that she and her service manager had measured the distance and it was 16 metres. She had asked me before this what distance had the health practitioner put but I had refused to say. The health practitioner had stated that the distance was approximately 25 metres, so you can imagine my joy on hearing that there was a 9 metre difference. An for anyone reading this who like me doesn't really work in metres, it equates to around 29 1/2 feet. So I couldn't wait to tell the adviser this morning. He has made a note of it but when I said that this could challenge the other figures the assessor had plucked out of the air surely this is a good thing but he has told me not to get my hopes up because at the end of the day the decision maker who re looks at the assessment can and will quite likely just back the initial report. The Health Practitioner has also put things in the assessment which are lies, such as my daughter was able to crouch down to the floor then stand up again with no problem and that her knees are able to bend within normal range. My daughter hasn't been able to fully bend her knees for years and in fact one of the medical reports obtained shows that she cannot fully flex her knees under the heading Reduced Joint Movement. The Health Practitioner also stated that my daughter's spinal curves appear normal which in fact her spine changed shape as a teenager. It is a specific condition which we had informed her that she has. Her spine is wedge shaped and causes her to have a rounded, or hunch back appearance. I mentioned this to the benefit adviser today as one of the medical records we have obtained is of an MRI scan she had in 2013 which states that she has a curvature of the spine. I know the benefit adviser is trying to make sure that I don't send too much information in when requesting the mandatory reconsideration. An I have every intention of keeping it simple, pointing the facts out why we disagree and was just going to make reference to the medical records simply to prove her findings wrong. The adviser has made me feel that it is almost not worthwhile in challenging the decision and as at the top of the post now feeling flat. I gave up work to look after my daughter and have been on Carers Allowance but that will stop in 4 weeks time. I am not concerned about losing the Carers Allowance but it is so upsetting watching my daughter who has had disabilities since a young age in tears asking why they as in the ATOS health practitioners don't believe her. She was made up last night with the effort I am putting in to this on her behalf and I am determined to do right by her .Any suggestions would be greatly received, many thanks in advance.

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5 years 10 months ago #232761 by BIS
Hi F

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

[url=http://www.benefitsandwork.co.uk/help-for-claimants/forum-faq/forums-faq#




It is not clear from your post whether you have already contacted the DWP and informed them that you are going to put in for a Mandatory Reconsideration. This has to be done within one month of the Decision being made. If you have not informed them, then it is too late and you will have to put in for a new PIP claim.

If you have already informed them your primary task is to show that your daughter meets the criteria. There may be many reasons your daughter may have failed to satisfy the criteria and 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 (like the distance to the assessment room). 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 she 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."

Do have a look at a pip guide on putting for mandatory considerations - so you understand the best way to challenge the report. You are right to reference the medical evidence you have that contradicts anything the decision maker has said. Do also suggest what you think the points are your daughter should have scored. If you believe it is wrong as you clearly do, do not let anyone stop you from challenging the decision if that is what you want to do. Not everyone wins their MR, but people do and there are members on here who have done so.

www.benefitsandwork.co.uk/help-for-claimants/pip

Come back and ask questions when you have read through the guide and we will see how we can help.

BIS

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

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5 years 10 months ago #232767 by Craftyfran
Replied by Craftyfran on topic Feeling deflated after being really positive.
Hi BIS,
Thank you for the response and no hadn't realise my name was there, will sort that out shortly. Yes we have already contacted the DWP to request a mandatory reconsideration. The assessor had put that she walked approximately 25 metres at a slow pace and didn't stop and didn't appear in pain. When in fact she was in horrendous pain from sitting in the waiting room for over half an hour prior to being called in and she had to stop several times. Then when the assessment finished and we made our way back to the waiting room again she had to stop and then in the waiting room had to sit for a good while before she could proceed to exit the building. The assessor had also put that she doesn't use a walking aid when in fact we had told her she had recently been assessed by the physio as needing one and we were waiting for delivery but the assessor informed us it didn't count as she didn't have it on that day. I made sure that a few days later when the walking stick arrived that we rang the DWP to inform them.
My daughter has multiple disabilities that affect her spine and her legs and is in extreme pain when walking. So when she has been out like on that day her ankles and legs become extremely swollen and painful. So I wanted to dispute the distance walked but also from what I have read on mobility you have to be able to repeat a distance such as 200 metres which according to the assessor she can walk at a reasonable pace. Typical for my daughter following the assessment and when she got home she could barely walk from the front door to the living room which is 3 metres away. She then had to put her feet up to help reduce some of the swelling and the following day could only take little steps around her home. We have always made sure that there is at least 3 days between any appointments because she just cannot physically walk that far. So I really want to get these points across as it seems so unfair that she has had this taken away from her. I have told her not to take it personally but it is hard when you think they are not believing you. I will look at the information below. I will get my positive self back as determined to see this through. She did win at tribunal the last time it was stopped, she was one of the first cases heard when PIP came in so she knows what to expect. Thanks again.
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