× Members

MR decision letter -> Question

  • prefer not to say
  • Topic Author
  • Offline
More
1 year 9 months ago #271649 by prefer not to say
Replied by prefer not to say on topic MR decision letter -> Question
Hi,
I am making a word salad of this. Can anyone give me some pointers on the below.
It is really difficult to describe my conditions

I believe I should have been awarded 10-12 points for moving around.
When standing, I get a variety of pains in my lower legs from the knees to the toes.
My left knee pain and discomfort is constant both at rest and walking, it also causes my left foot to drop, which puts me at risk of catching my toe or underside of my left foot on surfaces leading me trip or stumble. My knee can also lock at times due to debris in the joint. This forces me to stop instantly.
I walk quite slowly, about 1/2 the pace of a normal person. If I try to walk at a faster pace then I get tired quickly, which forces me to stop sooner and I can also experience discomfort in my right hip, due to my left leg being slightly longer then the right leg. I have learned by walking slower, I can usually walk a bit further!
Since my right leg problems which started late 2020, my ability to move freely has been severally impacted. Some days, I am unable to move as I can't even put weight on my foot - let alone walk, due to the severe pain in my ankle joint and across my foot! these bouts can last for 4 or 5 days. Every day, I struggle to walk without the onset of some sort of pain or discomfort. The pain wears me down and I have to stop to sit. I am unable to stand to rest, as standing is as painful as walking. There are days when I struggle to walk 5 meters before the amount of pain or discomfort becomes unbearable, which forces me to stop. Other days it can be 40 or 50 meters. It is dependent on what area of my foot or ankle the pain starts, to how far I am able to move or on some days, not able to move at all.
here is no pattern or consistency to how far I can walk before being forced to stop.

Please Log in or Create an account to join the conversation.

More
1 year 9 months ago #271665 by BIS
Replied by BIS on topic MR decision letter -> Question
Hi prefer not to say

Here are my thoughts - remember I am not an assessor or decision-maker. This is just my opinion. To use your words - I think you are making a word salad of it - by trying to describe too much. It becomes confusing.

You couldn't be awarded 12 points (2e) because you have said you can walk 50ms.
You could be awarded 10 (2d) points if you use some sort of 'aid or appliance' but you don't say in your post that this is the case. At the moment it would seem the most you could be awarded is 8 points. (2c)

I know what you have put is just a snippet of your answer but I hope that you have been specific about the medical condition that causes your mobility problems - otherwise, the person is left guessing or going to examine different parts of your evidence (and they may not). If you don't use any sort of aid - you should explain why.

Don't use words like 'quite slowly'. You walk slowly and it's half the pace of a person without your condition and difficulties. Don't use the rest of that paragraph - it gives the wrong impression.

You don't say anything about safety or reliability. From what you have said you can't walk in a reliable manner without pain, a slow gait and a risk of stumbling and tripping. Even if you said this on your claim form you want to mention it again here because that's DWP 'speak'. Remind yourself what it says in the guide pages 89/90. Did you have any mobility problems before 2020?

Remove the last sentence about there is no consistency - because it just confuses matters - also there is a pattern. You can't walk without pain! If you struggle to walk on the majority of the days - make it clear. I have a feeling anyone reading it will think you can stride 40 - 50 meters comfortably (even though I know that's not true).

BIS

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

Please Log in or Create an account to join the conversation.

More
1 year 9 months ago #271672 by Mollie
Replied by Mollie on topic MR decision letter -> Question
The descriptor is to stand and walk. How do you get to the standing position? Do you struggle to stand? Do you have to prepare yourself to stand? Do you use an aid to stand eg the arms of a chair? Do you scan a room upon entering to find a chair you will be able to get out of?
As my last sentence. I usually say that I cannot safely, reliably, etc. complete this activity to a reasonable standard.
Hope this helps.
The following user(s) said Thank You: Gary

Please Log in or Create an account to join the conversation.

  • prefer not to say
  • Topic Author
  • Offline
More
1 year 9 months ago #271684 by prefer not to say
Replied by prefer not to say on topic MR decision letter -> Question
Thanks - l did say i had made a word salad of it all. I have had mobility problems with 1 leg all my life.... I never accepted it as a disability though. As a kid, I joined in as much as I could. I was never the fastest or best at anything though!

I was assessed many years ago for ESA Income related due to my knee issue - this was face2face and satisfied the same criteria back then! For example, using the assessors desk to help me to my feet as there was no armrests on the chair! I did not realise that is what I done to stand up every time I had to until I read the report that was sent through and commented by the assessor. It was also commented how slowly I walked. My physical condition is so much easier to see in person than to put into ink.
While I can explain exactly how my body functions, I cannot explain how it now affects me, because I grew up with it. All I can say is now my good leg has gone wobbly, meaning the gammy leg no longer has the support it used to have!

One leg has been a life-long condition. It is quite difficult to explain how I do certain things, since that is how I have adapted throughout my life & is what is normal to me - this includes, is a certain of level of pain / discomfort that I have come to accept, how I have to position my leg when seated, how I raise to standing, etc. I have very little range of motion in the leg. I have to use my hands to position my leg into a position I need it to be - as when seated the only motions I can do is bring my knee upwards & rotate my foot. Anything involving the knee like extending the leg is not possible. I will use my right foot to also position my left foot.
My gammy leg cannot support my body weight unless my leg is practically straight. I walk with a limp - sometimes it noticeable depending on how much discomfort I am. I dont pick my foot up off the ground very high as I don't have the strength or motion in the knee joint to do so. So I either end up being reliant on momentum for my foot to swing forward or I stomp! My foot swinging forward with drop foot can cause me to trip/stumble as the toebox on my footwear makes contact with the ground before the sole of my foot. I stumble or trip quite often, especially on rough surfaces, low steps, uneven pavement, etc.
On top of all that, my knee will lock with no warning & I have to stop immediately, which is due to debris from my torn meniscus.

When I do stand, then my bodyweight for that side is on the ball of my foot. I am unable to stand on the heel of my foot, as I am unable to get pressure to my heel. My knee kind of blocks it, as the leg does not straighten completely due to a torsion twist in tibia, so it does not align with the femur.

I had always managed when younger, as I could rely on the other leg. However, I guess due to all the extra work my other leg had to do, wear & tear has taken it's toll. Due to Covid I am still undiagnosed. I am currently waiting to see a different specialist, as the ones I have seen so far has referred me on after initial consultation, saying it is not for them - with very little information due to it not being their field of expertise! It is all very frustrating. I understand why they can't say more, because of the suing culture and wrongful diagnosis.

I walk slowly as it is more comfortable and I can react to each step as required. After pushing myself up to a standing position, the pain in my right foot starts almost instantly.Especially around the ankle. My calf then goes from the heaviness feeling to more like a pulled muscle when I do walk. When I start to walk, then the pain in my feet start. This can be anywhere in my foot, it can be in multiple areas at once, across my foot, down to the tip of my big toe, the outside of my foot, the inside of my foot - but not all at the same time. When walking, the pain intensifies until it is unbearable to the point where I have to stop. I force myself to do more, to go further, to try an extra step - because that is what I have always had to do from a young age. Hiding the problems I am in. If I didn't when I was younger, than I am sure my parent would not allowed me to play sports, ride a bike, etc. ie have a normal childhood.
That is why I am exasperated by the whole thing, since the assessor failed to understand my medical condition in my left leg. Told all this to her, as well as in the MR.
I can't cook a meal, because I can't stand for long periods. I can't get in & out of a bath due to my knee problem, I need an aid to help me off a toilet because of the knee issue, I need to be seated to dress my lower body because of the knee issue and I need assistance to carry out physio exercises, because of the exercises I have been assigned need an assistant!
Sorry for venting

Please Log in or Create an account to join the conversation.

  • prefer not to say
  • Topic Author
  • Offline
More
1 year 9 months ago #271706 by prefer not to say
Replied by prefer not to say on topic MR decision letter -> Question
Hmm just noticed my MR letter was dated a month & 2 days ago. Have I lost the window to submit my appeal?

Please Log in or Create an account to join the conversation.

More
1 year 9 months ago #271711 by LL26
Replied by LL26 on topic MR decision letter -> Question
Hi prefer to say,
Firstly you are not too late panic not. (I will come back to this.)
What you have said above is actually very insightful and could easily be used as an overview for your MR.
Delete the bit about a culture of suing and delete the bit about pushing yourself ie
I force myself to do more, to go further, to try an extra step - because that is what I have always had to do from a young age. Hiding the problems I am in. If I didn't when I was younger, than I am sure my parent would not allowed me to play sports, ride a bike, etc. ie have a normal childhood.

Im not convinced you can't cook because you can't stand, I suspect that if you had a perching stool by the cooker you could sit down and cook. Peeling veg etc could be done at the table and you then move over to the cooker. This would be 2pts under aid/appliance 1b. However if you need extra help you shoukd explain what you need and why you need more points.
Otherwise it is all excellent.

Late MR
There is 1 mth from decision date when you have an automatic right to lodge an MR request.
If you can show could reason you can send in MR up to a maximum of 13 mths from Decision date.
The later the delay the greater the reason needs to be.
If the expiry day is a non working ie weekend or Bank Holiday then time extends to end of next working day after.
You are 2 days out of time, or possibly only 1 if you consider the weekend rule.
Taking advice from qualified advisors would be a reasonable excuse if this couldn't be done in time. Illness or even slowness caused by disability in getting the letter written, or delay caused by awaiting a promised medical report could comprise reasonable excuse.
Write the letter as explained in my responses and other members but have an opening paragraph saying you apologise for MR being late. Say why. Give a reasonable excuse. Then say that you ask that the MR request is considered albeit that it is late, given the reasonable excuse and the fact that the MR is only 2 days outside the 1 month time limit.
You could then add that you believe that you have a strong case and if the MR request is not considered you will lose your access to justice. This is a breach of Article 6 ECHR.

Recent caselaw suggests that as long as you have a plausible reason it is unlikely that DWP will refuse and even if they did refuse to consider the late request, you could appeal this decision not to consider anyway!
That said don't delay too long!
I hope this helps.
LL26

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.