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Went from standard to enhanceded Daily Living.
4 years 5 months ago #240714 by Creature
Replied by Creature on topic Went from standard to enhanceded Daily Living.
Hello Supergreatgran:
I have included my Mandatory Reconsideration submission at the bottom of this reply.
After I received the DWP’s letter informing me that I had been awarded 11 points for the Daily Living component and 12 points for the Mobility component, I requested a copy of the assessor's report from the DWP.
Everyone who has had an assessment is entitled to receive this report. I received it about a week later and was able to see all of the assessor’s inaccuracies and omissions. There were 3 inaccuracies and 2 omissions in total.
The DWP tell you that they must receive your completed Mandatory Reconsideration within a month of the date of their letter, but they don’t tell you that you will lose about a week of that month in the time that it takes for the Post Office to deliver it to your home.
After completing and sending my Mandatory Reconsideration submission back to the DWP, it took them another six weeks to reply. Of course they didn’t budge on their initial award of 11 points for my Daily Living. The good news though is that once you receive a reply to your Mandatory Reconsideration you are then able to move forward with the Appeal for a Tribunal.
I had no new evidence to add to the Tribunal Appeal request, so I just sent a copy of my original Mandatory Reconsideration submission as the Tribunal Appeal request.
After 2 months I received a letter from the DWP informing me that they had decided not to go ahead with the Tribunal. I had succeeded in getting the enhanced award for Daily Living.
The DWP increased my points under Washing and Bathing from 3 to 4 points, but I have no idea why I did not receive more points for the other sections.
I wish you much success with your application, Supergreatgran, and hope that my reply is helpful to you and anyone else that cares to read it.
All my very best to you. Sincerely, Creature.
Here is my letter to the DWP:
…………………………………………………………………………………………………………
Dear Sir/Madam: Re: Home PIP assessment on xx xxxx 2019
Although I have been awarded 11 points for the standard rate of the Daily Living component, I have been informed by Supporting People/Housing Related Support that I am eligible for the enhanced rate of the Daily Living component due to the assessor’s inaccuracies and omissions. As such I am requesting a Mandatory Reconsideration. Please see my reasons for a reconsideration as follows:
…………………………………………………………………………………………………………
(1) Under Taking Nutrition, page 6 of Report Form - PA4 V3, Mr Xxxxxx states: “He reports that he does not have any difficulties eating or drinking.”
This is not true.
As stated in my PIP application:
When I have painful lesions on my tongue, caused by the side effects of my painkillers, it is very difficult for me to eat. On difficult days my care provider has to prompt me to eat, but makes it easier for me by giving me soup and a smoothie straw to drink it with, which makes it less painful to swallow.
…………………………………………………………………………………………………………
(2) Under Managing therapy or monitoring a health condition, page 6 of Report Form - PA4 V3, Mr. Xxxxxx completely omitted any reference to the 5 and a 1/2 hours of supervision for my weekly therapies.
As stated in my PIP application:
I have 3 colonics per week in the afternoon with each taking taking 90 minutes. I have 4 enema treatments per week in the morning with each taking 15 minutes. These therapies are critical for the removal of impacted faecal matter lodged high up in my large intestine caused by the dehydrating effect of the painkillers that I must take. Without these therapies I would end up with a blocked bowel and toxic hepatitis of the liver which would require my having to be hospitalised. Without my carer’s help, I would not be able to complete these therapies on my own. When my colon is badly blocked, my carer has to stay in my spare bedroom in case of accidents or emergencies.
…………………………………………………………………………………………………………
(3) Under Washing and bathing, page 6 of Report Form - PA4 V3, Mr Xxxxxx states: “He has difficulty getting in/out of the bath to use the shower over the bath, washing lower half of body and washing hair every day because of his level of pain, weakness and restricted movement in his spine, upper and lower limbs; with associated restrictions bending, raising his arms and poor grip. He manages this task on his own but it takes him a long time and results in exacerbations of pain and fatigue.
This is not true.
I cannot manage this task on my own.
As stated in my PIP application:
My care provider has to help me into position on the bath transfer bench under the shower. Once I am in position she washes my head, neck, upper body, back and front, down to my waste. I use my long handled sponge to clean my private parts and upper thighs on my own, then she washes my lower legs and feet. I shower 3 times per week with my carer’s help after my colonic, but due to the limitations of my right side neck injury caused by the deterioration of my C6 and C7 vertebrae as well as the atrophy of my left upper trapezius and twisted ribs in my back at left side locations of T1 and T4 vertebrae, I need assistance to be able to wash my body between the shoulders and waist.
Original points awarded: 3 Extra point awarded after my Tribunal request.
…………………………………………………………………………………………………………
(4) Under Managing toilet needs or incontinence, page 6 of Report Form - PA4 V3, Mr Xxxxxx states: “He reports that he does not have any difficulty cleaning himself after using the toilet. He has bowel incontinence every day because of incontinence and faecal leakage and he reports that he does not have any difficulty managing his incontinence.”
This is not true.
I have great difficulty cleaning myself after using the toilet and managing my incontinence.
As stated in my PIP application:
I must use a long-reach bottom-wipe between my legs to clean myself after a bowel movement since I am unable to turn my body to wipe myself. I experience incontinence every day and must use incontinence pads day and night. I use a Bardia urine collection bag which is located by the side of my bed, and a hospital bed pan when I cannot get out of bed due to my extreme pain which my carer helps me with.
…………………………………………………………………………………………………………
(5) Under Communicating verbally, page 6 of Report Form - PA4 V3, Mr Xxxxxx states: “He is able to converse appropriately with family and friends face to face and on the telephone everyday using one hearing aid.”
While the assessor has acknowledged that I require the use of one hearing aid to communicate appropriately, which I have worn for over 4 years, he does not award any points for this fact, even though the Government states that this (the designation of 2 points for claimants who fit the criteria of descriptor
“Applies to claimants who require a hearing aid in order to hear to an acceptable standard….” …………………………………………………………………………………………………………
I have included my Mandatory Reconsideration submission at the bottom of this reply.
After I received the DWP’s letter informing me that I had been awarded 11 points for the Daily Living component and 12 points for the Mobility component, I requested a copy of the assessor's report from the DWP.
Everyone who has had an assessment is entitled to receive this report. I received it about a week later and was able to see all of the assessor’s inaccuracies and omissions. There were 3 inaccuracies and 2 omissions in total.
The DWP tell you that they must receive your completed Mandatory Reconsideration within a month of the date of their letter, but they don’t tell you that you will lose about a week of that month in the time that it takes for the Post Office to deliver it to your home.
After completing and sending my Mandatory Reconsideration submission back to the DWP, it took them another six weeks to reply. Of course they didn’t budge on their initial award of 11 points for my Daily Living. The good news though is that once you receive a reply to your Mandatory Reconsideration you are then able to move forward with the Appeal for a Tribunal.
I had no new evidence to add to the Tribunal Appeal request, so I just sent a copy of my original Mandatory Reconsideration submission as the Tribunal Appeal request.
After 2 months I received a letter from the DWP informing me that they had decided not to go ahead with the Tribunal. I had succeeded in getting the enhanced award for Daily Living.
The DWP increased my points under Washing and Bathing from 3 to 4 points, but I have no idea why I did not receive more points for the other sections.
I wish you much success with your application, Supergreatgran, and hope that my reply is helpful to you and anyone else that cares to read it.
All my very best to you. Sincerely, Creature.
Here is my letter to the DWP:
…………………………………………………………………………………………………………
Dear Sir/Madam: Re: Home PIP assessment on xx xxxx 2019
Although I have been awarded 11 points for the standard rate of the Daily Living component, I have been informed by Supporting People/Housing Related Support that I am eligible for the enhanced rate of the Daily Living component due to the assessor’s inaccuracies and omissions. As such I am requesting a Mandatory Reconsideration. Please see my reasons for a reconsideration as follows:
…………………………………………………………………………………………………………
(1) Under Taking Nutrition, page 6 of Report Form - PA4 V3, Mr Xxxxxx states: “He reports that he does not have any difficulties eating or drinking.”
This is not true.
As stated in my PIP application:
When I have painful lesions on my tongue, caused by the side effects of my painkillers, it is very difficult for me to eat. On difficult days my care provider has to prompt me to eat, but makes it easier for me by giving me soup and a smoothie straw to drink it with, which makes it less painful to swallow.
…………………………………………………………………………………………………………
(2) Under Managing therapy or monitoring a health condition, page 6 of Report Form - PA4 V3, Mr. Xxxxxx completely omitted any reference to the 5 and a 1/2 hours of supervision for my weekly therapies.
As stated in my PIP application:
I have 3 colonics per week in the afternoon with each taking taking 90 minutes. I have 4 enema treatments per week in the morning with each taking 15 minutes. These therapies are critical for the removal of impacted faecal matter lodged high up in my large intestine caused by the dehydrating effect of the painkillers that I must take. Without these therapies I would end up with a blocked bowel and toxic hepatitis of the liver which would require my having to be hospitalised. Without my carer’s help, I would not be able to complete these therapies on my own. When my colon is badly blocked, my carer has to stay in my spare bedroom in case of accidents or emergencies.
…………………………………………………………………………………………………………
(3) Under Washing and bathing, page 6 of Report Form - PA4 V3, Mr Xxxxxx states: “He has difficulty getting in/out of the bath to use the shower over the bath, washing lower half of body and washing hair every day because of his level of pain, weakness and restricted movement in his spine, upper and lower limbs; with associated restrictions bending, raising his arms and poor grip. He manages this task on his own but it takes him a long time and results in exacerbations of pain and fatigue.
This is not true.
I cannot manage this task on my own.
As stated in my PIP application:
My care provider has to help me into position on the bath transfer bench under the shower. Once I am in position she washes my head, neck, upper body, back and front, down to my waste. I use my long handled sponge to clean my private parts and upper thighs on my own, then she washes my lower legs and feet. I shower 3 times per week with my carer’s help after my colonic, but due to the limitations of my right side neck injury caused by the deterioration of my C6 and C7 vertebrae as well as the atrophy of my left upper trapezius and twisted ribs in my back at left side locations of T1 and T4 vertebrae, I need assistance to be able to wash my body between the shoulders and waist.
Original points awarded: 3 Extra point awarded after my Tribunal request.
…………………………………………………………………………………………………………
(4) Under Managing toilet needs or incontinence, page 6 of Report Form - PA4 V3, Mr Xxxxxx states: “He reports that he does not have any difficulty cleaning himself after using the toilet. He has bowel incontinence every day because of incontinence and faecal leakage and he reports that he does not have any difficulty managing his incontinence.”
This is not true.
I have great difficulty cleaning myself after using the toilet and managing my incontinence.
As stated in my PIP application:
I must use a long-reach bottom-wipe between my legs to clean myself after a bowel movement since I am unable to turn my body to wipe myself. I experience incontinence every day and must use incontinence pads day and night. I use a Bardia urine collection bag which is located by the side of my bed, and a hospital bed pan when I cannot get out of bed due to my extreme pain which my carer helps me with.
…………………………………………………………………………………………………………
(5) Under Communicating verbally, page 6 of Report Form - PA4 V3, Mr Xxxxxx states: “He is able to converse appropriately with family and friends face to face and on the telephone everyday using one hearing aid.”
While the assessor has acknowledged that I require the use of one hearing aid to communicate appropriately, which I have worn for over 4 years, he does not award any points for this fact, even though the Government states that this (the designation of 2 points for claimants who fit the criteria of descriptor
“Applies to claimants who require a hearing aid in order to hear to an acceptable standard….” ………………………………………………………………………………………………………… Please Log in or Create an account to join the conversation.
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