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PIP reassessment is mandatory reconsideration worth it?
- Mason
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16 hours 44 minutes ago #306762 by Mason
PIP reassessment is mandatory reconsideration worth it? was created by Mason
Hello, apologies for the length of this.
I'm posting for a friend who is too overwhelmed to even think about mandatory reconsideration after a very difficult telephone reassessment. She has issues with her feet, spina bifada and weakness in her hands/wrists/forearms since childhood. Having had a lot of operations and medical input over the years she has tried to manage pain etc herself rather than going to the GP when she knows they won't be able to help. I have seen first hand the challenges she faces. But the assessor took a different view and awarded her no points at all. This was over turned by the decision maker who has awarded her standard DL and standard mobility. This is what she was awarded in 2017 but she was assessed as enhanced DL (I think in the assessment before this one). She can't find the award letter. She is currently under a consultant about some of the issues with her feet which may result in fusion or amputation. Having read the assessors report it is clear as someone who knows her that the stress and anxiety made it difficult for her to communicate her reality. There are a number of points that I have a feeling the assessor misunderstood. She has stated that she struggles taking nutrition (having used your guides and training for my own PIP I think she really was thinking that meant preparing a meal but hey ho) and the assessor has stated that she uses smaller cutlery because she has small hands - when what she was trying to convey is that the weakness and pain makes it difficult to hold standard size. The assessor also stated that she showered three times a week to save water - when actually it is because the pain of standing on her foot is too much. Also she used to go sailing and the assessor said this is because her dad sold the boat. It is actually because she no longer can be that active. What has really gone against her is that as she can drive (an adapted car!), dust and wipe surfaces and use grab rails in the bathroom she can manage OK and there is no functional restriction. They have decided that because she can convey food to her mouth she has adequate grip power to manage pain medication and because she completed the handwritten form. AR1. They have assessed that as she only uses over the counter pain killers massage and exercise that her pain isn't that bad, also that she doesn't have any hip/knee/back deformity which would impact on her movement (which I'm not sure is accurate) and hasn't had input from the falls team she must be OK. Although there is some reporting of additional time taken in activities there doesn't seem to be any recognition of the pain it causes her when she is using her foot either standing or walking, which she has described to me as stabbing and searing and that she feels nauseous and like she might pass out. I think she was too distraught by the process to say this but also they'd disbelieve it because of her reluctance to go back to her GP for pain medication. In addition to all this she found it difficult to understand the assessor who had an accent.
I think there are several areas she could challenge in terms of misunderstanding, but that if she does go for mandatory reconsideration she should aim to get the previous points reinstated. It does feel risky though and might be worth waiting for a reassessment which will be 2027 (so in reality this time next year). So I suppose I'm trying to get a less biased view as to whether it is even worth thinking about on the information above. Are there things that could be gently clarified (challenged!) do you think? Especially given the lack of evidence. I do know that there are threads about driving and also about pain medication but equally it is more difficult to go back instead of being clear on the form. Final question - do they accept photos as evidence - she showed me a photo of her foot at the end of a typical day and you can clearly see it has swollen significantly and to me shows how much pain she is actually in. Any thoughts would be really helpful. Thanks.
I'm posting for a friend who is too overwhelmed to even think about mandatory reconsideration after a very difficult telephone reassessment. She has issues with her feet, spina bifada and weakness in her hands/wrists/forearms since childhood. Having had a lot of operations and medical input over the years she has tried to manage pain etc herself rather than going to the GP when she knows they won't be able to help. I have seen first hand the challenges she faces. But the assessor took a different view and awarded her no points at all. This was over turned by the decision maker who has awarded her standard DL and standard mobility. This is what she was awarded in 2017 but she was assessed as enhanced DL (I think in the assessment before this one). She can't find the award letter. She is currently under a consultant about some of the issues with her feet which may result in fusion or amputation. Having read the assessors report it is clear as someone who knows her that the stress and anxiety made it difficult for her to communicate her reality. There are a number of points that I have a feeling the assessor misunderstood. She has stated that she struggles taking nutrition (having used your guides and training for my own PIP I think she really was thinking that meant preparing a meal but hey ho) and the assessor has stated that she uses smaller cutlery because she has small hands - when what she was trying to convey is that the weakness and pain makes it difficult to hold standard size. The assessor also stated that she showered three times a week to save water - when actually it is because the pain of standing on her foot is too much. Also she used to go sailing and the assessor said this is because her dad sold the boat. It is actually because she no longer can be that active. What has really gone against her is that as she can drive (an adapted car!), dust and wipe surfaces and use grab rails in the bathroom she can manage OK and there is no functional restriction. They have decided that because she can convey food to her mouth she has adequate grip power to manage pain medication and because she completed the handwritten form. AR1. They have assessed that as she only uses over the counter pain killers massage and exercise that her pain isn't that bad, also that she doesn't have any hip/knee/back deformity which would impact on her movement (which I'm not sure is accurate) and hasn't had input from the falls team she must be OK. Although there is some reporting of additional time taken in activities there doesn't seem to be any recognition of the pain it causes her when she is using her foot either standing or walking, which she has described to me as stabbing and searing and that she feels nauseous and like she might pass out. I think she was too distraught by the process to say this but also they'd disbelieve it because of her reluctance to go back to her GP for pain medication. In addition to all this she found it difficult to understand the assessor who had an accent.
I think there are several areas she could challenge in terms of misunderstanding, but that if she does go for mandatory reconsideration she should aim to get the previous points reinstated. It does feel risky though and might be worth waiting for a reassessment which will be 2027 (so in reality this time next year). So I suppose I'm trying to get a less biased view as to whether it is even worth thinking about on the information above. Are there things that could be gently clarified (challenged!) do you think? Especially given the lack of evidence. I do know that there are threads about driving and also about pain medication but equally it is more difficult to go back instead of being clear on the form. Final question - do they accept photos as evidence - she showed me a photo of her foot at the end of a typical day and you can clearly see it has swollen significantly and to me shows how much pain she is actually in. Any thoughts would be really helpful. Thanks.
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- LL26
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10 hours 44 minutes ago #306776 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP reassessment is mandatory reconsideration worth it?
Hi Mason,
Unfortunately it is becoming all too obvious that assessments are very poor and often don't take into account the full nature of a claimants disabilities. Equally disappointing is the total reliance DWP places on these inadequate reports.
If your friend wishes to see if she can get enhanced level PIP, she will need to do MR. Even if MR doesn't work, there is a very good success rate at tribunal.
Clearly the assessor has made some sweeping assumptions and made incorrect comments. If you want to proceed with MR, see if you can condense the assessment report into 4 or 5 bullet points, and give examples. Try not to nit pick poor spelling etc , but of course repeated spelling and grammar errors will indicate a lack of attention to detail.
What I normally do is to write a paragraph or 2 setting out health problems and give an overview including any major treatment or surgery etc. Explain any potential discrepancies with medication, ie allergies, side effects and why stronger versions can't be taken. If relevant, explain why further treatment isn't being done, this could be due to non-availability, non- compatibility etc.
Then write out the bullet points as per above. Finally go through each relevant descriptor and if required a more detailed criticism of the assessment as you explain how/why the descriptor activities can't be done. If you agree with DWP say so.
Remember to think about safety, acceptable standard, reasonable time and repetition. All 4 criteria have to be met. It is highly likely that the assessor hasn't properly considered these. (If so, this could comprise one of your bullet points.)
As a friend, and someone clearly aware of your friend's debilitating health problems you can write a statement confirming her disability, the help you give or others give. Or maybe help required but not provided. Also explain and discrepancies that you are aware in her meds etc
Photos might help, but bear in mind they will end up being photocopied into black and white, so need to be very clear.
Let us now if you need any more advice.
I hope this helps.
LL26
Unfortunately it is becoming all too obvious that assessments are very poor and often don't take into account the full nature of a claimants disabilities. Equally disappointing is the total reliance DWP places on these inadequate reports.
If your friend wishes to see if she can get enhanced level PIP, she will need to do MR. Even if MR doesn't work, there is a very good success rate at tribunal.
Clearly the assessor has made some sweeping assumptions and made incorrect comments. If you want to proceed with MR, see if you can condense the assessment report into 4 or 5 bullet points, and give examples. Try not to nit pick poor spelling etc , but of course repeated spelling and grammar errors will indicate a lack of attention to detail.
What I normally do is to write a paragraph or 2 setting out health problems and give an overview including any major treatment or surgery etc. Explain any potential discrepancies with medication, ie allergies, side effects and why stronger versions can't be taken. If relevant, explain why further treatment isn't being done, this could be due to non-availability, non- compatibility etc.
Then write out the bullet points as per above. Finally go through each relevant descriptor and if required a more detailed criticism of the assessment as you explain how/why the descriptor activities can't be done. If you agree with DWP say so.
Remember to think about safety, acceptable standard, reasonable time and repetition. All 4 criteria have to be met. It is highly likely that the assessor hasn't properly considered these. (If so, this could comprise one of your bullet points.)
As a friend, and someone clearly aware of your friend's debilitating health problems you can write a statement confirming her disability, the help you give or others give. Or maybe help required but not provided. Also explain and discrepancies that you are aware in her meds etc
Photos might help, but bear in mind they will end up being photocopied into black and white, so need to be very clear.
Let us now if you need any more advice.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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