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PIP MR evidence totally ignored

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4 years 2 days ago #258945 by Vitdee
PIP MR evidence totally ignored was created by Vitdee
To say I'm totally at a loss is an understatement. I have recently submitted a MR on behalf of my husband using the protocol and wording from the guides here also supplying a letter of support from our GP, and to be honest I thought we'd walk it. We have just received a response and no change has been made. His previous award was enhanced daily and standard mobility, this has been dropped to standard on both despite an added mobility problem with his knees. What I can't get my head around was the fact the the MR evidence I gave was that the HP lied (I called it inaccuracies) , the HP omitted lots of things my husband said in his telephone assessment, she did record some of them in the statement part but then left them out of the report part ie, he states he can walk for 2-3 minutes, he did but what he actually said was 2-3 minutes to walk to the end of the garden (7.5 mtrs) would have to stop due to pain and someone else would be there and back in the time it took him to get there, would have to rest for some time before attempting again.
D Yen (title not supplied) has cherry picked information and evidence supplied in order to justify keeping the award down, and then the icing on the cake is being called liars with this;-"You hold a drivers licence without restriction and although you report you are not currently driving, it is considered that if your functioning was as affected as claimed then you would not be fit to drive and would be a severe danger on the road. There is no evidence to suggest that DVLA have been informed by your GP or yourself.
Functioning that we have stated is confusion due to medication, strong opioids, anti anxiety, and anti depressants all of which their previous HP's agreed in 2016 were strong and likely to cause confusion and so impact on tasks, they have since been significantly increased however our description of his confusion when attempting tasks has not changed. They seem to think he can now manage his own medication, even though our GP has told me to keep it in a locked box for his safety, manage his own money, and cook a meal without leaving the gas on-unlit-as has previously happened on more than one occasion, they do acknowledge issues with concentration but say there is no specialist input for memory or referrals to the memory clinic so.......
So I guess what I'm really wondering is how you can show that you can cook but it isn’t safe for you to do so because your concentration is so poor that you forget what you are doing when they don't believe you.
Or how do you show that you can walk for 2-3 mins but it would take you twice as long as someone without an impairment because of pain and fatigue when they don't believe you?
I honestly feel like I could have a mental meltdown!

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4 years 1 day ago #258957 by Catherine
Replied by Catherine on topic PIP MR evidence totally ignored
Hello Debbi,

Welcome to the forums, even if it is at such a frustrating time!

In case you did not know, it looks as if your full name is showing, if you would like to change that there are instructions here.

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I empathise with you having been through the frustration you are describing with each person I helped with a PIP appeal. So I would say to you, instead of having that mental breakdown, fight on and challenge the wrong decision with an appeal. Pull out our appeal guides and use that energy – some of the best decisions I have had have been written on the back of me shouting “you what?” as I have read the MR letter.

The simple maths is something like 80% of appeals are ‘won’ by the claimant, which means there is an increased award. Each of those cases has failed to get what they were finally given by the tribunal panel at MR.

Of course, if you can get even more evidence that is helpful, but don’t worry if you can’t.

Please do come back to us if you want,
Catherine

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 1 day ago #258967 by ANGELA
Replied by ANGELA on topic PIP MR evidence totally ignored
Hi Debbi. Sorry you are having to go through this ordeal.
1. Get a copy of the AP Report (sounds like you have it).
2. Look up the qualifications of the person who did it. If they have no relevant specialisms, that would add to your case. They have 7.5 days training..
3. Point out what is REALITY v what is said by HP. With medical evidence to support you.
Unfortunately a lot of DMs don’t actually read anything you have sent in, just go with the AP Report.
4. Give an Awards history (all of it) as this illustrates a history of functionality issues.
5. Ask how they think his condition has improved since last time. The Tribunal will need to justify that he HAS ‘improved’ if they want to support the DM decision.
It’s a nightmare. Persevere.
Good Luck xx

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4 years 18 hours ago #258984 by Vitdee
Replied by Vitdee on topic PIP MR evidence totally ignored
Hi Angel,
Thanks for the advise, my brain has only just started kicking in due to the shock/outrage.
Yes the first DM clearly didn't read anything but I really thought they would on the MR so we will be going to appeal. You say ask how they think his condition has improved since last time, what's the best way to do that please?

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4 years 17 hours ago #258985 by BIS
Replied by BIS on topic PIP MR evidence totally ignored
Hi Debbie

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

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I'm sorry you lost your MR - but you need to know that only about 17% of MRs are successful so unfortunately what happened to you is common. The decision-maker is not a medical person so if the Health Professional appears to have written a thorough report the decision often stands.

As Angel has suggested at the Tribunal it will be up to the DWP to show that your husband's mobility has improved. You do what you have already done and you repeat the difficulties - backed up by your GPs letter.

The driving issue is easy to deal with. He's not driving (and you repeat that). It's not against the law to hold a licence when a person is sick and one only has to inform the DVLA if one is sick and one still intends to drive.

Re: the cooking. I assume your husband doesn't cook because of his medication. Reiterate once again the problems this gives him and point out holding hot pans, dealing with gas and/or electric hob is not safe, boiling kettles, and trying to get hot food out of a microwave.

You can't show what distance your husband can walk other than what you have already said/ Point out the assessor did not record the whole conversation and say the difficulties you have witnessed. At the Tribunal they will read every bit of paper provided which is why so many people win at the tribunal stage.

Good luck.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Vitdee

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4 years 15 hours ago #258993 by PDix
Replied by PDix on topic PIP MR evidence totally ignored
The measurement for the Mobility award is not speed but to stand and walk certain distances safely in a reasonable time and to be able to repeat it. Document the issues your husband has in standing up and getting ready to walk. Can he stand and walk in one fluid movement?
I found this somewhere and can’t remember where but is useful.
“Speed is the pace the claimant walks at.
Time is the total time it takes the claimant to walk the relevant distance.
As a guide the average person can walk at:
1.brisk pace - >90 metres per minute
2.normal pace - 61-90 metres per minute
3. slow pace - 40-60 metres per minute
4.very slow pace - <40 metres per minute.
> = More Than. < = Less Than.”
2.5 metres in 1 minute is extremely slow.
A lot of people have kept their driving licenses because it is acceptable photographic ID and cheaper than a passport. In my 3 ESA and 1 PIP assessments, I was only once asked about the DVLA and driving. Fortunately, I was able to give a good answer as I had had to research it for insurance purposes only weeks before the assessment.
The following user(s) said Thank You: Vitdee, denby, Gary

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