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PIP Assessment results.
- Hayley
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5 years 8 months ago #235435 by Hayley
PIP Assessment results. was created by Hayley
Dear Sir/Madam,
I am an MS sufferer diagnosed approx 15 years ago. I was awarded DLA indefinitely but have been instructed to move to PIP.
I have recently had a PIP assessment at my bedside and have just received my award for Standard Mobility scoring scoring 10 points for Daily Living and 10 points for mobility dated 27 July 2019.
I have requested Mandatory Reconsideration and have received a copy of the Assessment Report today.
I suffer from MS and am bed bound most of the time. On the day I was in bed and gave the assessor an honest account of my symptoms. These symptoms were acknowledged in the report confirming the fact that I struggle to stand and move about reliably. It states and accepts that I in the past was able to manage around 1 aisle (supermarket!) before stopping and resting with the use of a trolley.
However. to my shock, the last paragraph of the Moving Around section states as follows:
'Given the available evidence; It is reasonable that she is able to stand and move 20m but no more than 50m, aided, safely and reliably' thus being awarding the standard rate. This is not true!
I must also advise that during my assessment I did not partake in the MSO examination. The reason for this was due to the assessor prompting me twice prior that I would not want to partake in this (obviously due to my condition.) I did not take part in this this only because she prompted me not to! However I did NOT refuse! (The assessor was very late for this appointment and may have been in a hurry.)
I am shocked by my results as the assessors report clearly states my limited mobility.
I have many symptoms including incontinence, neuralga, fatique, dizzyness, pain etc.
Please can you provide some guidance upon challenging this decision.
I look forward to hearing from you.
Kind regards
Hayley Hicks.
I am an MS sufferer diagnosed approx 15 years ago. I was awarded DLA indefinitely but have been instructed to move to PIP.
I have recently had a PIP assessment at my bedside and have just received my award for Standard Mobility scoring scoring 10 points for Daily Living and 10 points for mobility dated 27 July 2019.
I have requested Mandatory Reconsideration and have received a copy of the Assessment Report today.
I suffer from MS and am bed bound most of the time. On the day I was in bed and gave the assessor an honest account of my symptoms. These symptoms were acknowledged in the report confirming the fact that I struggle to stand and move about reliably. It states and accepts that I in the past was able to manage around 1 aisle (supermarket!) before stopping and resting with the use of a trolley.
However. to my shock, the last paragraph of the Moving Around section states as follows:
'Given the available evidence; It is reasonable that she is able to stand and move 20m but no more than 50m, aided, safely and reliably' thus being awarding the standard rate. This is not true!
I must also advise that during my assessment I did not partake in the MSO examination. The reason for this was due to the assessor prompting me twice prior that I would not want to partake in this (obviously due to my condition.) I did not take part in this this only because she prompted me not to! However I did NOT refuse! (The assessor was very late for this appointment and may have been in a hurry.)
I am shocked by my results as the assessors report clearly states my limited mobility.
I have many symptoms including incontinence, neuralga, fatique, dizzyness, pain etc.
Please can you provide some guidance upon challenging this decision.
I look forward to hearing from you.
Kind regards
Hayley Hicks.
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- Gordon
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5 years 8 months ago #235437 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Assessment results.
H
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
My full name is showing, how can I stop it?
Forgive me I am a bit confused, you say that in the past you used to walk about an aisle in a supermarket, I assume that you cannot do this now. Was this discussed at your Assessment?
I don't understand if it is something that you cannot now do, why it was raised? It is undoubtedly the reason that you did not score higher for Mobility.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
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.
Gordon
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
My full name is showing, how can I stop it?
Forgive me I am a bit confused, you say that in the past you used to walk about an aisle in a supermarket, I assume that you cannot do this now. Was this discussed at your Assessment?
I don't understand if it is something that you cannot now do, why it was raised? It is undoubtedly the reason that you did not score higher for Mobility.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Hayley
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5 years 8 months ago #235493 by Hayley
Replied by Hayley on topic PIP Assessment results.
Dear Gordon,
Many thanks for your response and apologies for any confusion. I am in receipt of the assessors report and will concentrate on the 'Moving Around' aspect which is where I failed to achieve the higher rate of mobility award.
At the time of the assessment I was in bed and it was clarified with the assessor that I could not walk or stand. There was no mention of walking supermarket aisles until towards the end of the assessment. The assessor asked if I could walk the length of a supermarket aisle?
I was perplexed by this question!
I hesitated, I was tired and did not offer any clarification. I have not been to a supermarket for a long time and I was unsure how long a supermarket aisle is and besides I would not be able to complete this task! It seemed a strange question to ask me after all the interrogation about how my illness affects me.
The assessors report section 'Moving Around' states on the last paragraph as follows:
' 2-3 months ago: She reports that she used to be able to manage around 1 aisle before stopping and resting with the use of trolley ( approximately 60m.) Given the available evidence; It is reasonable that she is able to stand and move 20m but no more than 50m, aided, safely and reliably.'
My decision letter states as follows:
'You said you have difficulty moving around. I agree you have difficulties, however decided you can walk between 20 and 50 meters, as you are not currently receiving any specialist input from a falls team, and at your consultation stated you can walk roughly the length of one supermarket aisle before having to stop and rest'
I believe this was a deliberate tactic used to reduce my award to the standard rate!
I have requested Mandatory Reconsideration and now have to prove that I qualify for the enhanced rate of mobility. This morning I have received a letter from Motability advising on the return of my vehicle. I am so distressed by all of this and would really appreciate your advises on how to move forward from here.
I await your advises.
Kind regards
Hayley
Many thanks for your response and apologies for any confusion. I am in receipt of the assessors report and will concentrate on the 'Moving Around' aspect which is where I failed to achieve the higher rate of mobility award.
At the time of the assessment I was in bed and it was clarified with the assessor that I could not walk or stand. There was no mention of walking supermarket aisles until towards the end of the assessment. The assessor asked if I could walk the length of a supermarket aisle?
I was perplexed by this question!
I hesitated, I was tired and did not offer any clarification. I have not been to a supermarket for a long time and I was unsure how long a supermarket aisle is and besides I would not be able to complete this task! It seemed a strange question to ask me after all the interrogation about how my illness affects me.
The assessors report section 'Moving Around' states on the last paragraph as follows:
' 2-3 months ago: She reports that she used to be able to manage around 1 aisle before stopping and resting with the use of trolley ( approximately 60m.) Given the available evidence; It is reasonable that she is able to stand and move 20m but no more than 50m, aided, safely and reliably.'
My decision letter states as follows:
'You said you have difficulty moving around. I agree you have difficulties, however decided you can walk between 20 and 50 meters, as you are not currently receiving any specialist input from a falls team, and at your consultation stated you can walk roughly the length of one supermarket aisle before having to stop and rest'
I believe this was a deliberate tactic used to reduce my award to the standard rate!
I have requested Mandatory Reconsideration and now have to prove that I qualify for the enhanced rate of mobility. This morning I have received a letter from Motability advising on the return of my vehicle. I am so distressed by all of this and would really appreciate your advises on how to move forward from here.
I await your advises.
Kind regards
Hayley
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- Gordon
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5 years 8 months ago #235495 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Assessment results.
Hayley
As it is recorded that you said you could walk this distance you are going to have to go back to basics and explain your current problems with walking and how your conditions are now different from how you were when you were able to walk this distance.
Things you should think about for the Moving Around activity;
You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.
Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.
The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.
If you walk slowly then it must take you at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?
You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
www.benefitsandwork.co.uk/help-for-claimants/pip
So you need to explain what you can, how you are limited and why.
Gordon
As it is recorded that you said you could walk this distance you are going to have to go back to basics and explain your current problems with walking and how your conditions are now different from how you were when you were able to walk this distance.
Things you should think about for the Moving Around activity;
You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.
Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.
The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.
If you walk slowly then it must take you at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?
You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
www.benefitsandwork.co.uk/help-for-claimants/pip
So you need to explain what you can, how you are limited and why.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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