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Any advice on wording for overlapping conditions M
- headabovethewater
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5 years 1 month ago #246785 by headabovethewater
Any advice on wording for overlapping conditions M was created by headabovethewater
Today my assessors notes arrived and as expected has a few errors, not to mention spelling mistakes. I know not to mention the spelling but she has omitted alot of info. I need to wade through it all to do the MR form and would like to ask if there is any advice for wording overlapping affects of illness? I suffer bowel/gynae adhesions that mean 2 days a week I am morphine for bowel issues, spondylosis disc degen limits movements, fibromyalgia adds to pain and brain fog, dyastolic dysfunction and aortic sclerosis, chronic sleep and chronic utis - all supported by mri/consultant letters - she has acknowledged my limitations 8 daily living points and 4 mobility
Sorry for the waffle I tried to get across I could suffer worse 2 or 3 days with 1 issue but most have an overlapping affect meaning I'm shot for most of the week. Any suggestions
Sorry for the waffle I tried to get across I could suffer worse 2 or 3 days with 1 issue but most have an overlapping affect meaning I'm shot for most of the week. Any suggestions
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- Gary
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5 years 1 month ago #246787 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Any advice on wording for overlapping conditions M
Hi headabovethewater
I assume that you have not yet had a decision and that you have received a copy of the assessors report, if that correct then there is a small window for you to write to the Decision Maker but you will need to be quick.
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Lastly, make sure that your letter makes it clear that you are not requesting a Mandatory Reconsideration but you reserve the right to do so once a Decision has been made.
Gary
I assume that you have not yet had a decision and that you have received a copy of the assessors report, if that correct then there is a small window for you to write to the Decision Maker but you will need to be quick.
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Lastly, make sure that your letter makes it clear that you are not requesting a Mandatory Reconsideration but you reserve the right to do so once a Decision has been made.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- headabovethewater
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5 years 1 month ago #246793 by headabovethewater
Replied by headabovethewater on topic Any advice on wording for overlapping conditions M
Thank you Gary, sorry for not being clear, I have had a decision of standard daily living at 8pts and no mobility as 4pts. The assessor notes were late arriving to me. I believe it should be higher standard daily and lower mobility. I think my issue is the assessor has mentioned separate days I'm affected but hasn't included and 'bulked together' the effect of overlapping issues. I.e. I have 3 days in acute, morphine needing, bowel/gynae pain unable to go further than my bathroom then always 1 total wipe out fibro pain day following and any other 'good days' are marred by general fibro/sponylosis/chronic utis. I realise it isn't based on diagnosis but I think they have overlooked that overlapping illness effects my ability to perform many tasks. Also she has said as I drive an automatic to appointments and can use my phone I can drive to unfamiliar places - this is not true and not what I have written on the form. I am unable to go anywhere unfamiliar alone partly due to fibro fog but also my bowel issue makes it impossible to drive somewhere unknown in case I am caught out. I never drive alone to unfamiliar places. Also half the week I am unable to drive anyway.
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- BIS
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5 years 4 weeks ago #246820 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Any advice on wording for overlapping conditions M
Hi headabovethewater
I think you may have had a problem with what you originally wrote. As soon as I started to read what you've written here, I thought 'that's not for the majority of the time' - because it sounds like you didn't combine everything. (I could be wrong of course). The assessor will not 'bulk' things together, you have to do that.
There is one issue that I want to mention. The DWP always has an issue over claimants driving. If your fibro fog is bad then they will argue that you should not be driving at all and a couple of members have been threatened with the DWP informing the DLA of this. Also do not call it fibro fog because it trivialises it - use the proper name for it which is 'cognitive dysfunction.' You need to make it clear how often you actually drive and how often you are not able to because of your condition.
Many claimants have multiple conditions that have overlapping symptoms and you need to talk about them as one. For example.
"I am unable to prepare a basic meal because of the extreme pain that I suffer from three crushed vertebrae in my back (see letter from Dr. Y dated 03. 02 1998) and the osteoarthritis in my feet and hands (see letter from Dr X - 13.4. 1999) and six months ago I was diagnosed with acute fibromyalgia. (see letter from Dr.A - June 1999) I am unable to sit for more than five minutes at a time, I have no grip in my fingers and even if I sit at a stool, I am unable to hold a knife or lift a pan, which is why my husband does all the cooking. Because of my multiple conditions and symptoms of pain, the cognitive dysfunction, loss of dexterity and reduced muscle tone, I am unable to do any kitchen tasks reliably or safely. The loss of dexterity is permanent and I am in pain for the majority of the time and have to take morphine to even get to the toilet."
Okay, I made that up, but I didn't try and separate out the different conditions.
Also don't try and say 'good days' are marred by (other symptoms) because they don't sound like good days at all and if you used that expression on your form or said it, then it is the only thing an assessor will see. It minimises what you experience.
BIS
I think you may have had a problem with what you originally wrote. As soon as I started to read what you've written here, I thought 'that's not for the majority of the time' - because it sounds like you didn't combine everything. (I could be wrong of course). The assessor will not 'bulk' things together, you have to do that.
There is one issue that I want to mention. The DWP always has an issue over claimants driving. If your fibro fog is bad then they will argue that you should not be driving at all and a couple of members have been threatened with the DWP informing the DLA of this. Also do not call it fibro fog because it trivialises it - use the proper name for it which is 'cognitive dysfunction.' You need to make it clear how often you actually drive and how often you are not able to because of your condition.
Many claimants have multiple conditions that have overlapping symptoms and you need to talk about them as one. For example.
"I am unable to prepare a basic meal because of the extreme pain that I suffer from three crushed vertebrae in my back (see letter from Dr. Y dated 03. 02 1998) and the osteoarthritis in my feet and hands (see letter from Dr X - 13.4. 1999) and six months ago I was diagnosed with acute fibromyalgia. (see letter from Dr.A - June 1999) I am unable to sit for more than five minutes at a time, I have no grip in my fingers and even if I sit at a stool, I am unable to hold a knife or lift a pan, which is why my husband does all the cooking. Because of my multiple conditions and symptoms of pain, the cognitive dysfunction, loss of dexterity and reduced muscle tone, I am unable to do any kitchen tasks reliably or safely. The loss of dexterity is permanent and I am in pain for the majority of the time and have to take morphine to even get to the toilet."
Okay, I made that up, but I didn't try and separate out the different conditions.
Also don't try and say 'good days' are marred by (other symptoms) because they don't sound like good days at all and if you used that expression on your form or said it, then it is the only thing an assessor will see. It minimises what you experience.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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