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PIP. Is my evidence strong enough for MR?

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4 years 1 month ago #257977 by VIA
Dear fellow Forum Members,

I do not know what I would do without the moderators constant help on this forum, the input of fellow members that are in the same situation as we, and b&w guides for pip advice.

I have OA of back, both hips (need 1 hip replacement, last mri’s 1 year ago). OA of both knees, torn meniscus (mri 1 year ago), deformity of legs etc.

Looking at your guides for PIP MR it asks us, for our benefits, how strong is the evidence for the award we aim form ie in my case enhanced for daily living and mobility (rather than the one I got standard for both).


May I ask if you think I have strong enough evidence for MR? For me it is strong enough but maybe it is not for someone else or someone who has experience of MR’s and types of strong evidence they look for.
I am sorry for asking. Of course it is my personal decision and for me it is strong evidence but because I am no expert I would not mind any feedback.


- I have medical evidence updated every 2/3 months going back 15 years
- recent 1 year’s old mri confirming I need a hip replacement, have cam impingement, oa of knees, letter from hips and knees surgeon from last year saying I need hip replacement and will probably need other joints replacements, relevant physio writing from my free medical records obtained by GP (However I have no letter confirming I am using aids) 2 friends/neighbours letter from last month confirming they bring my food shopping up my flat and that my mobility is deteriorating, an ex gp letter from 5 years ago confirming I could not walk more than 20 metres, had difficulties cooking, about 5 fall A&E reports over these last 7 years, the recent one last year when I fell coming out of the bath as I have no one helping me and aids are not good enough, some a few years back when I fell on the pavement, but none from when fell in the kitchen last year and stopped cooking since as I am a health hazard, I have a medical record document for my foot xray (that show oa but nothing broken) but mentions I dropped the shopping on my foot (but that was because my oa knee with torn meniscus gave way)
I sent 1 inch thick of evidence and my pip review form with lots of examples of how I could not walk more than 20 metres as I have to stop at every step I take (on my worse days) or at every metre or two (on my better days) and was given a paper assessment (just 2 short paragraphs) for standard dailing living and mobility.

- I am wondering if the above is strong enough evidence for an mr as I have no professional confirming recently that I cannot walk more than 20 metres, that I cannot cook because I cannot stand, sit and walk without pain (My new gp surgery does not know me)

- Plus I have no physiotherapist letter saying I am using aids ( i was given crutches about 2 years ago to try if needed, I never did then, but I have been using them about 2 years now but it is not mentioned on my medical records, would that count against me in the MR, does one think?) and I am very worried that could work against me. Maybe they can consider they gave me standard rate because I have no evidence I used aids even though I told them I use them when I go out for medical appointment 4 times a year, and indoors or if not I hold on to the furniture.

I have given lots of examples explaining the pain, exertion I feel, the fact I cannot do the relevant activies safely, repeatedly etc and gave examples but because the assessor ignores what I say, it looks like to them it is not evidence or not strong evidence. When I said I stop at every step I take or at every metre I take, they gave me the descriptor of I can move more than 20 metres and less than 50 metres.

Thank you for your help.
I really appreciate it.
Kind wishes

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4 years 1 month ago #257979 by Gary
Hi Olympia

I answered yes in your other post.

Only you can decide whether you want to put in for a Mandatory Reconsideration. The majority of MRs do not change a claimant's award - indeed only 33% are currently successful which has increased from 17%. Obviously the 33% who get an award and don't have to go for appeal are delighted and will say it was well worth it.

Have a look at our guide on PIP Appeals (which includes Mandatory Reconsiderations). It might help you make up your mind. If you are going to put in for an MR you need to do it within one month of the decision.
www.benefitsandwork.co.uk/help-for-claimants/pip

If you have any further questions then please come back to the forum

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 1 month ago #257982 by denby
Replied by denby on topic PIP. Is my evidence strong enough for MR?
Hi Olympia, if you use everything you have written in your posts towards your MR, as a non-mod I personally would say you are well on your way.

I think you just need to know, they treat people badly, like they have treated you, ignoring piles of sound evidence and ignoring being told the truth, all the time. It's not personal, it is policy, or it would stop. So, don't take their BS!!!

I hope this short if not sweet answer gives you support.
Denby
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4 years 1 month ago #257997 by Mark
Hi

Not sure how rare my case is. Got zero points on assessment for PIP. Sent off MR just requesting their consideration for standard mobility. I submitted no additional evidence just wrote a few pages of how I feel, etc... Bit shocked when I checked my bank balance and saw just over £5000 in there. Got letter the following the day I think it was and the DM awarded me enhanced in both mobility and daily living. They said although you only asked us to look at mobility they looked at my whole file and felt I satisfied the conditions for both.

I’m quite sure that another DM may have awarded me nothing.

So it is always worth trying whether it is PIP or ESA. Don’t slag off the assessor and be polite and respectful to the DM. I always end it with “Many thanks for your consideration”.

It should be like a driving test. You will get the same result based on your driving on the day no matter where the test was conducted. With PIP and ESA it depends on the person looking at your file. They are the one you need to convince. That person might be really nice and sympathetic to you claim and act accordingly. They may have had a good day. Had some good news. That may be good for you as well! Of course the opposite is also true. They be unsympathetic, had a bad day, etc...

Mark
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4 years 1 month ago #258008 by CD0912
Replied by CD0912 on topic PIP. Is my evidence strong enough for MR?
Hi Mark so is an MR a letter that you write to them or is it another form as well? Just needed to know incase I need to do an mr..
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4 years 4 weeks ago #258022 by LL26
Hi CD0912,
To answer your query, MR can just be a letter, there is a form you can use if you want. I find it easier just to write a letter.
LL26

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