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TOPIC: DREADED LETTER DECISION FOR PIP.

DREADED LETTER DECISION FOR PIP. 4 months 16 hours ago #232326

im the carer filling this form in for my friend as i have done for him always.

sorry if i go on a bit in the post, im just trying to mae a clear detail of the circumstances.... thanks for being patient...

hi there. i posted a few weeks ago about my upcoming medical for pip
since then i went with my carer and have received the decision today.

i was on receipt of enhance rate daily living component (14 points) and standard rate mobility ( 8 points)
now today i have been awarded standard rate daily living ( 9 points) and enhanced rate mobility of (12 points)

i dont understand why the assesor has lied aboutmy daily living activities.
i was previously awarded points that have now been totally removed altogether from my award!! and i have gotten worse since my last medical 2 year ago!

this woman had blatantly lied about my daily living needs!!
i was awarded points previously for :
mixing with people =2 points... down to 0 points !
making budgeting decisions=2 points down to 0 points !
managing treatments 1 point...down to 0 points!



mobility needs NOW awarded full 12 points up from 8 points as they lied in last assesment also saying i could walk more than 50 metres unaided ( 5 buses nose to tail) there entire building isnt even that length at all. so they lied there and i appealled and they upheld there decision.



the assesor was told by my carer that he or other carer ( who could not go to the medical with me as his mother had just died) OR my partner prepares any food that i get and has to feed me. as i have SCIATIC PAIN IN MY BACK AND LEGS and also carpal tunnel in both hands and cannot hold a cup or fork etc as i have numb and painfull hands and have not got a strong grip in any of my hands and keep dropping food and drinks everywhere!

i cannot mix with other people as i have PTSD, anxiety dissorder and depression and take panic attacks. i do not go out the house by myself ( when im able to walk at all ) and take extreme panic and paranoia and anxiety. when we got into the office the woman told us to go into the waiting room which was full of people aind i cold not go in there... i was in fight or flight mode and wanted out of there straight away,, so the woman had to get me a chair and sit me outside the room and round the corner away from everyone else and i was in constant fear and alarm.. and the woman seen how i was !! and has written that i was not anxious in any way !!!!


cannot prepare food, i dont have a microwave and i cannot hold pots and pans or kettle and have burned myself on numerour occasions dropin hot food. but she has written totally different than what she was told!! she was writing things i neer said and when my brother asked her to tell us what she was writing in the computer she got angry and said if he was rude again she would put us out of the room. !!

she has stated that i gripped my walking stick and have functional grip.... i was actually leaning on the walking stick and dropped it about 4-5 times as i have trouble gripping onto it as i have wrist supports on both hands.
the woman was spoiling for an argument from the minute we walked in.

budgeting decisions= she was told that i cannot control my money or bills and that my partner keeps control of my bank card and account and deals with my money ... now she has said i can make those decisions on my own and have no problem controlling my money.

also said i did not need questions simplifying or repeating, which is a total lie.
she was asked on numeour times by my carer and myself to repeat the question and simplify it.
i am able to read but showed no signs of anxiety!!! although i appeared hostile.. i was able to cope... and that i do not receive speciallist mental health input. ( i was seeing a mental health professional for 2 years and this person made my mental state worse by sending the police to my home and child protection to my ex partners home saying they were in danger!!! so i stopped going to see her as she took what i said all out of proportion.. and the childs health visitor got in touch with her and told her she was overstepping her boundaries and that she was wrong in what she had done. so thats the reason i never went back to her... but im waiting to see an new CPN...

so... ill cut this off as ive went on a bit already....... i want a reconsideration.. how do i go about this.. i have called PIP. and waited on the phone for 40 mins listeneing to that horrid music and then the phone got cut off........ thanks....

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im a disabled male, 46 yrs old i have been diagnosed with
PTSD.severe anxiety and depressive dissorder with panic attacks
sciatic pain both legs,,carpal tunnel both hands. haemophelia, ETD.HPB.IBS and im here for help with benefits decisions/medicals etc..

DREADED LETTER DECISION FOR PIP. 4 months 16 hours ago #232329

Hi Alex

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

From what you've written, you already have a copy of the assessment report. Your primary task is to show that your client meets the criteria, there are many reasons your client may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

rather than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Obviously, if your client wishes to they can put in a complaint about the assessor.

BIS

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

DREADED LETTER DECISION FOR PIP. 3 months 4 weeks ago #232400

hello,, thanks for the reply.. i have phoned them yesterday and asked for them to send out a mandatory reconsideration form. which they refused, saying they do not send out any forms. it is done over the phone. to which i ( carer) replied, i cannot say everything i have to say over the phone... still told we dont send out MR forms at all.

i have tried to down load the forms onine but its got sample stamped over every page..
i can write a letter for him with all points clariffied in writing about what they have takend wrongly in there information.

i just dont understand at all.. that now 2 years onwards from his last assement where he was given 14 points for daily living there now down to 9 points and he has gotten much worse and has more illnesses since then diagnosed and added onto his medical conditions... the assesor was told mr client cannot feed himself properly as he has carpal tunnel in both hands and repeatedly drops cups ( two handled) and forks and spoons whilst trying to eat due to his painfull and numb hands.

he does not and cannot control budget or money whatsoever and his partner keeps his bank cars and pays any bills and buys what foodstuff etc he needs

the assesor said my client has put on 4 stones since his last assesment... pmsl. HE IS 16.5 stones and has fluxuiated around this weight for the last ten years or so....up and down and stone or two but the assesor saying he had no problems taking nutrition.! yes he can eat,,, with help from his care givers and friends. but a lot of the time he wont eat or purpselly sicks it back up thinking he is being poisoned.... it is very hard for him to trust anyone at all even his brothers and sisters and partner.

we are not in any confilict about the mobility component. ONLY the daily living component which i stated on the phone to PIP yesterday. and they told me it may take 10 weeks to get a decision on the matter....

assessor stated that my client isnt seeing anyone for his mental health,, btu he is on the aiting list to get back to see another mental health worker and we told the assesor this.. which she has dissregarded totally.

i dont see why they can take away 5 points from daily living and then add another 4 pints for mobility as he is much worse than what he was on the assesment 2 and half years ago. with multiple more health issies..... sorry for going on again... thanks for your input.

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im a disabled male, 46 yrs old i have been diagnosed with
PTSD.severe anxiety and depressive dissorder with panic attacks
sciatic pain both legs,,carpal tunnel both hands. haemophelia, ETD.HPB.IBS and im here for help with benefits decisions/medicals etc..

DREADED LETTER DECISION FOR PIP. 3 months 4 weeks ago #232403

Alex

A letter requesting the MR is fine you don't need to use your form, just head it "Mandatory Reconsideration Request"

Whilst an inaccurate report is almost certain to have played a part you also need to consider whether you have properly explained his problems in the claim form, is it possible that you have misunderstood the Descriptors, described his problems in terms that do not match the Descriptors or failed to make appropriate use of the reliability criteria or the need for his limitations to be present on the majority of days to be considered?

Gordon

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

DREADED LETTER DECISION FOR PIP. 3 months 4 weeks ago #232429

hi again gordon,, thanks for your help.... all the details put on the claim for were acurate and covered everything . the assessor was told repeatedly that everything she needed to know is on the forms provided. to which she stated that the forms are nothing to do with her and she has no access to them and that she would do her own computer assessment herself and that the forms werent anything to do with the medical on that day.
the assessor woman was spoiling for an argument since we went into the room and said repeatedly that if my friend did not calm down that we would both be removed from the medical there and then and that the dwp would be informed that he refused the medical and that his benefits would be stopped. he was sitting anxiopus and staring into the corner of the room and barely looked at her at all and was in constant pain also

she asked him to do a physical examination of his musculosceletal and he could hardly move and told her that he was in agony and she said in her report that he refused the examination also. she seen how distrressed he was and he was in tears through half of the examination with the stress, anxiety and the pain he was in also.

stating he was not anxious at all.. this woman was very rude and showed no consideration of his mental stateor the pain he was in.

i have written a lenghty letter now. and just need someone to check it over and see if it is ok to send ... is there any way i could let you see it but not put it in the forums for everyone to be able to read ?? thanks again gordon for your help.!

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

im a disabled male, 46 yrs old i have been diagnosed with
PTSD.severe anxiety and depressive dissorder with panic attacks
sciatic pain both legs,,carpal tunnel both hands. haemophelia, ETD.HPB.IBS and im here for help with benefits decisions/medicals etc..

DREADED LETTER DECISION FOR PIP. 3 months 4 weeks ago #232430

HI GORDON. do you have the postal address where the mandatory recnsideration request should be sent to ??? thanks!!

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

im a disabled male, 46 yrs old i have been diagnosed with
PTSD.severe anxiety and depressive dissorder with panic attacks
sciatic pain both legs,,carpal tunnel both hands. haemophelia, ETD.HPB.IBS and im here for help with benefits decisions/medicals etc..
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Moderators: GordonGaryBIS