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Advice on strategy Re Mandatory reconsideration
- Gordon
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4 years 10 months ago #249254 by Gordon
SO the first thing you need to do is to go through her form and evidence to make sure that there is nothing in it that states or suggests that her restrictions are not present on the majority of days.
Assuming that there aren't any such references then you need to go through it again to make sure that has actually stated rather than implied that she is affected on the majority of days, areas to pay particular attention to are activities where she has indicated her problems are variable.
Now to the report, if the assessor did not ask about how often she is affected, what days she is affected or how her limitations change then say so. Are there any other examples from the report where her variability is raised?
You need to explain for each activity how she is affected, is it all of the time that she has a particular limitation, is it some of the time and if it is how long and when.
They mention her medication as being effective, is it? If not then how does this manifest, for example; does it take time for the medication to take effect?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice on strategy Re Mandatory reconsideration
skyblue wrote: She scored 12 points 3 year’s ago on previous sssesment for daily living but did not expect anything for mobility last time as could walk reasonably well
This is a request to look at award again due to a very significant deterioration in her osteoarthritis subsequently effecting her ability to carry out daily living tasks as well or certainly requiring more help.
Yeh the assessor is relying on almost every activities the following statement
Although the previous PA4 suggests she needs to use an aid and although the HOC Reports restrictions the Varabilty reports that restrictions are not on the majority of the days and the CM report that she finds her medication effective for her so basically
It is therefore unlikely that in the majority of days she can do whatever unaided etc
Go no points on anything
All above statements that the report relays on like effective meds , only bad 1-2 days per week etc are out and out lies was never asked nor was ever stated
It is criminal thank you
SO the first thing you need to do is to go through her form and evidence to make sure that there is nothing in it that states or suggests that her restrictions are not present on the majority of days.
Assuming that there aren't any such references then you need to go through it again to make sure that has actually stated rather than implied that she is affected on the majority of days, areas to pay particular attention to are activities where she has indicated her problems are variable.
Now to the report, if the assessor did not ask about how often she is affected, what days she is affected or how her limitations change then say so. Are there any other examples from the report where her variability is raised?
You need to explain for each activity how she is affected, is it all of the time that she has a particular limitation, is it some of the time and if it is how long and when.
They mention her medication as being effective, is it? If not then how does this manifest, for example; does it take time for the medication to take effect?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- skyblue4u
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4 years 9 months ago #249258 by skyblue4u
Replied by skyblue4u on topic Advice on strategy Re Mandatory reconsideration
Thank you Gordon I think I’m getting the general idea of things now. No questions at all we’re asked regarding the effectiveness or lack of re her medication. No questions were asked about the variability either she had stated numerous times throughout her claim form she is in constant pain every day and her pain killing medication is not effective. She has a GP letter quite clearly stating that over past 12/18 months her condition has worsened with pain worsening and additional changes to medication required. I know you and Gary along with the guides have given me excellent advice on strategy etc and I know once set out correctly with reference to undoubted medical evidence I can show that the statements from the assessor are viewed upon being what they are lies. It is heart breaking as a friend to see her torn apart though by malicious lies .Stated for one purpose to remove her from her award as she’s probably been singled out as an easy prey. Awful ! Thanks again for all your advice just wish she’d had known about your wonderful site before she started out on her journey. I will keep you informed of how we get on but thanks again
The following user(s) said Thank You: Gary
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- skyblue4u
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4 years 9 months ago #249402 by skyblue4u
Replied by skyblue4u on topic Advice on strategy Re Mandatory reconsideration
Hello I am in the final stages of finnishing MR with reasons for additional points and all the errors and misleading statements included but I have noticed 2 highly relevant GP letters are not listed in the documents considered alongside consultation findings even though they were sent and noted in an index of additional evidence. just as worrying tthese two letters are not referenced to anywhere in the HP medical assessment report. Your advice on how I handle this highly irregular situation please Thank you
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- BIS
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4 years 9 months ago #249405 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Advice on strategy Re Mandatory reconsideration
Hi Skyblue
Just submit them again, citing that you included them previously and that they have ignored. And quote in your MR the most relevant sentences from those letters, making sure that you link them to the specific PIP criteria.
It is a common thing not all the information submitted to be referred to, especially if they feel in any way, they are getting the same information from different professionals. Not saying that it's right - it's just what can happen.
BIS
Just submit them again, citing that you included them previously and that they have ignored. And quote in your MR the most relevant sentences from those letters, making sure that you link them to the specific PIP criteria.
It is a common thing not all the information submitted to be referred to, especially if they feel in any way, they are getting the same information from different professionals. Not saying that it's right - it's just what can happen.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- admail@aglarond.co.uk
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4 years 9 months ago #249411 by admail@aglarond.co.uk
Replied by admail@aglarond.co.uk on topic Advice on strategy Re Mandatory reconsideration
I've been going through an Assessment I had in January 2020 for a complaint and like you I have found important and relevant submitted evidence which isn't referred to at all in any section of the report. On the front of the PA4 it asks "List all evidence considered". Since these pieces of evidence aren't listed at all how can we know they were used? I have asked IAS the question and so far haven't received any real answer. This is one reason I'm complaining to the Independent Case Examiner.
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- skyblue4u
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4 years 9 months ago #249413 by skyblue4u
Replied by skyblue4u on topic Advice on strategy Re Mandatory reconsideration
Thank you so much for all your help and advice
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