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PIP Advice for MR
- Brian
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5 years 10 months ago #232906 by Brian
PIP Advice for MR was created by Brian
Hi,
Just recently got my PIP award/report. i only received 6 points for daily living needs and 10 points for mobility. With DLA I got both at standard. My issue is that I think that I should have got at least 10. Two areas were I scored 0 points is 1. eating and drinking and I suffer from permanent facial palsy due to a brain tumour, this has lead to issues when eating and drinking. I use a straw for liquids and have swallowing issues due also to facial numbness. Would a straw not be considered as an aid, because without it I would not be able to drink safely and and food can only be chewed on one side of mouth.
2. Communication I scored zero. I am permanently 100% deaf on my left side with crazy mad tinnitus thus have great difficulty in hearing especially where there is background noise or in large crowds and establishing where sound is coming from. Although I don't use a hearing aid as I have never been offered one but would be off no benefit anyway as the blood supply was cut off to the hearing nerve.
Would just like to know anyones thoughts/opinion on this and would I best go for Mandatory Reconsideration. I have until the 10th July to apply and would like assistance on this matter.
Just recently got my PIP award/report. i only received 6 points for daily living needs and 10 points for mobility. With DLA I got both at standard. My issue is that I think that I should have got at least 10. Two areas were I scored 0 points is 1. eating and drinking and I suffer from permanent facial palsy due to a brain tumour, this has lead to issues when eating and drinking. I use a straw for liquids and have swallowing issues due also to facial numbness. Would a straw not be considered as an aid, because without it I would not be able to drink safely and and food can only be chewed on one side of mouth.
2. Communication I scored zero. I am permanently 100% deaf on my left side with crazy mad tinnitus thus have great difficulty in hearing especially where there is background noise or in large crowds and establishing where sound is coming from. Although I don't use a hearing aid as I have never been offered one but would be off no benefit anyway as the blood supply was cut off to the hearing nerve.
Would just like to know anyones thoughts/opinion on this and would I best go for Mandatory Reconsideration. I have until the 10th July to apply and would like assistance on this matter.
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- BIS
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5 years 10 months ago #232908 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Advice for MR
Hi Brian
Only you can decide whether you should apply for a mandatory reconsideration. One of the things you want to look at is how you described how your condition inhibits you against the criteria. Did you, for instance, give specific examples of when you have struggled, and what happens? It also helps to give an idea if this is daily, weekly, occasionally and emphasize the risk of you choking? You may have done this, but sometimes people are not awarded points they are expecting because they have not given the assessor enough information to say how crucial an aid (such as a drinking straw is) and the impact if they do not have it.
You say you have your report, but this does not sound as if you have the medical report, just the award letter with the points. 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.
All details of how to do a mandatory reconsideration can be found in the link below.
www.benefitsandwork.co.uk/help-for-claimants/pip
BIS
Only you can decide whether you should apply for a mandatory reconsideration. One of the things you want to look at is how you described how your condition inhibits you against the criteria. Did you, for instance, give specific examples of when you have struggled, and what happens? It also helps to give an idea if this is daily, weekly, occasionally and emphasize the risk of you choking? You may have done this, but sometimes people are not awarded points they are expecting because they have not given the assessor enough information to say how crucial an aid (such as a drinking straw is) and the impact if they do not have it.
You say you have your report, but this does not sound as if you have the medical report, just the award letter with the points. 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.
All details of how to do a mandatory reconsideration can be found in the link below.
www.benefitsandwork.co.uk/help-for-claimants/pip
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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