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MR decision letter -> Question

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1 year 10 months ago #271122 by prefer not to say
Replied by prefer not to say on topic MR decision letter -> Question
Thanks.
I did write 2 sheets explaining my issues, but I did not revisit that when answering the questions. So maybe I need to do a different approach & repeat myself when needed in answering the questions.
I have a balance issue with one leg that cannot support my own bodyweight & the other leg has constant pain that does not go with rest & is worse with weight bearing activities. It is one of those things that is difficult to explain. One leg does 50% more work than the other leg. For example, peddling a bike means one leg rotates the crank about 70% of the way, as the other leg has no power to do it's fair share. Quite often I have to back peddle to get more moment. As this has always been my normal, it is difficult to explain, as I do not know what normal actually is! Quite frustrating a condition I have is so rare it does not have a medical name & impossible to describe the complexity without actually seeing the leg! One leg is built like He-Man's, the Other like Mr Muscle advert!

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1 year 10 months ago #271125 by LL26
Replied by LL26 on topic MR decision letter -> Question
Hi prefer not to say,
I tend to agree with BIS.
It is very much a matter of interpretation- what you have said is no doubt correct, but it doesn't paint a clear picture. (Sorry!) For example you mention that getting in/out of the bath isn't a problem. You say that's because you don't use it often. That completely misses the point. You can't use the bsth too often due to your disability basically you avoid it because it is too difficult. If you need help to get in or out of the bath you can get 3 points. If you need an aid/appliance to use shower or bath you only get 2 points!
You said you didn't need specialist appliances, but a grab rail is an aid/appliance and by saying you don't have a 'specialist appliance kinda negates the use of grab rail and seat.
DWP require very few excuses and you have made it easy for them. Aids etc don't have to be prescribed, if you can't get about very well, all you need to do is to go to a local shop or online buy something helpful and use it. If it falls within a descriptor improving your ability to do the activity then it comprises an aid or appliance. Moreover, you can use an improvised thing as well.
According to the law, you can say
"I have an accessible walk in shower, ue to my disabilities, but still need to use an aid ie shower seat/grab rails but per Regulation 7 since I can't access the bath without help then I should score 3 pts."
(Reg 7 provides highest point score should be used when more than 1 activity in a section applies equally.)
This says exactly the same as you have said above, but is a much stronger way of writing this. You can also provide details of falls etc in the bathroom.
It seems likely that you will need to appeal. If you follow the example above for all relevant descriptors you will 'sell' your disabilities in a much better way.
Read the comments about each descriptor in the members guides. Think what aids etc you use and why. Think about what happens when things go wrong. Are you safe, can you do repeatedly, can you do in a reasonable time and to an acceptable standard?
Achieving PIP requires a very negative analysis of what your limitations are, I know this is difficult and many disabled people manage possibly with a bizarre or unsafe coping strategy. I suspect these strategies will fall outside the reasonable time (twice normal time) and if not unsafe may well be non acceptable standard.
Think of a fly on the wall documentary about you. If we were watching you do PIP activities at home would we be saying poor chap, things look really difficult for him, he really needs help! If so, then it is highly likely you would score points. You just need to describe the struggle you have in glorious technicolour!
It is not a problem to say that you didn't make everything clear, and/or you have sought advice.
I apologise that my post may come across as a bit brutal, but I can understand you have disabilities, and don't dispute that. However I want you to succeed in your Appeal should you take this on.
You can apply online for an Appeal using SSCS1 form. Most of the form is personal details but you will need to fill out the Grounds of appeal.Your chance to put everything right!
I advise typing as a separate document and uploading as there is a very weird formatting issue whereby nicely typed Grounds turn out all strange when printed out if typed in the box! You can also give an opening paragraph giving an overview of illness etc.
Criticise the assessor in 4 or 5 bullet points, using the majorly criticisms and give an example. of each. Then you can go through each relevant descriotircas I have suggested above and give the points value you believe to be correct as compared with the 0 or low points by DWP.
Make sure you name each page and include NI Number.
I hope this helps, everyone on here really wants you to succeed and will be rooting for you!
LL26

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

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1 year 10 months ago #271167 by prefer not to say
Replied by prefer not to say on topic MR decision letter -> Question
Thanks.
It is the structure I have problems with. Maybe I can post an example of the above once I take onboard the advice - One I know the best structure, hopefully I can manage from there.

One other trail of thought. I did have an ultrasound for bloodclots, but none was found. It was said in passing by the sonographer that I likely have CVI. This is something I did not pick up on at the time, but doing more research - I do seem to tick a lot of boxes. So going to phone the GP to see if being referred to podiatry is the best referral. Since I first started complaining about issues in my leg, which progressed to include the whole lower limb.

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1 year 10 months ago #271238 by prefer not to say
Replied by prefer not to say on topic MR decision letter -> Question
How should I go about explaining my condition? Should I repeat myself for every descriptor? or should I add an attachment explaining the issues. I have some medical notes - but been struggling with my local health-board to get exactly what I want & currently have a complaint open with them - but doubt it will get resolved by 1st week of July!

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1 year 10 months ago #271242 by BIS
Replied by BIS on topic MR decision letter -> Question
HI prefer not to say

I think it can be useful to put in a separate sheet explaining a medical condition, but personally, I would keep it short. Then you need to go through each question saying why you think you should have scored differently. But you need to be clear about why.

eg: The assessor recorded that I can walk 50ms which I can, but they have failed to document that I have to stop every 10m for a rest due to breathlessness caused by my severe asthma (see letter from Dr X dated Jan 2020) and the deteriorating arthritis in my legs as diagnosed in 2013 ( see letter from Dr Y dated 2019).

What I have written is just a made-up example and there are many different ways you can write it. (LL26 has also given you an example). You can also find the ones in the guide. If you had arthritis would you keep mentioning it? I would mention it for every question where it applies. You have to show that you meet the criteria. If you had a dozen different conditions - should you mention all of them, all of the time, no - just the key ones for a particular question. Focus on the criteria and how you meet it, not the condition.

BIS

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1 year 10 months ago #271648 by prefer not to say
Replied by prefer not to say on topic MR decision letter -> Question
Hmm I seem to be making a bit of a word salad of this!
Would below be OK to explain my lack of mobility issues?

I believe I should have been awarded 10-12 points for moving around.
When standing, I get a variety of pains in my ankle, various areas of my foot, including the toes & my knee .
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.
I also 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 forcing me to stop and experience discomfort in my right hip, due to my left leg being slightly longer then the right leg.
Since my right leg problems started in 2020, I have not been able to move without severe pain in my right foot and ankle to the point where some days I can't even put weight on my foot - let alone walk! At its worse (unable to walk) can last for 4 or 5 days. Most days, I struggle to walk without the onset of some sort of pain or severe 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, 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.

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