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TOPIC: MR rejected, appear to have not even read

MR rejected, appear to have not even read 4 days 22 hours ago #237296

Well, I got my mandatory reconsideration back and it was denied. I'm crushed. To summarise my issues are as follows...

1. My heart/blood pressure does not adjust when I stand and so not enough blood goes to my head and this causes multiple issues, dizziness, chest pain etc.
2. For the first part of the day (until 12/1ish) I cannot get up as the symptoms are too severe and even going to the bathroom a few metres away is too much.
3. I need to rest for at least 30 mins if not hours after even a small amount of being on my feet (like picking the kids up from school gates, or making a cup of tea).
4. My symptoms start immediately upon standing and continue the entire time, and worsen.
5. I use a wheelchair for most activities out of the house, however I do not have a wheelchair hoist and so can only do this when my husband is with me. For picking the kids up I need to park close (20m) then rest on a step to catch my breath, walk the 20m back to the car, rest in the car a few mins, then go home and rest for an hour or two before I am able to get up again.

So at my initial assessment I walked to the room as I didn't have a wheelchair yet, and the nurse said I wasn't dizzy or breathless. This pretty much took priority over any other evidence submitted and although she gave me standard rate mobility (can walk 20m but not 50m) she denied the 20m due to the fact I was not dizzy and breathless on the day (I was) and that I pick the kids up from school (despite me saying that I have to rest before I can repeat the 20m back to the car, then rest for HOURS at home afterwards).

I wrote a huge letter on how my symptoms affect my mobility, letters from my best friend, husband, and doctor, information on my condition as it is rare, with the sections on how symptoms start IMMEDIATELY upon standing (it is the defining feature of this illness, as blood pools in the feet upon standing, instead of going to the head), and in my letter I outlined the reasons why I could not do this safely, repeatedly and reliably. I even included case law numbers for how if you can't do the activity for a significant part of the day, it counts as being unable to do it for that day.

Their answer was - You clearly stated yourself that you walk 20m to the school gates, squat to catch your breath, then walk the 20m back. The nurse saw you walk on the day and said you were not dizzy or breathless. For this reason I agree with the initial decision that you can walk 20m.

So my question is, do I need to include more information for my tribunal? I sent so much in for MR, I am a really thorough person (thanks autism!) and I think that really, this was just the DWP being absolute ar******s and not really taking the time to look at my evidence, hoping that I will give up.

I self funded the wheelchair (well, my very generous in-laws did) as we read that it is difficult to get an electric one (I have arm joint issues too) from the NHS and can take years. My doctor is happy with my use of it though, as is my physio, cardiologist etc. but maybe I could ask them for a letter so that I have some medical "proof" of needing it?

I have just had a tilt table test done and will request a copy of the results as it shows me almost passing out as soon as the table is tilted and my BP plummeting/HR rocketing. These aren't available for a few weeks though, am I able to submit additional evidence later?

Thanks for your help, I wouldn't have got as much as I did initially (enhanced daily and standard mobility) if it wasn't for this site!

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MR rejected, appear to have not even read 4 days 16 hours ago #237323

Hi NotActuallyCrazy

I don't know whether you need to include any more evidence, but there is a possibility that you are going to struggle to overturn the mobility award simply because you drive, and this is the issue you are going to have to counteract. Undoubtedly the panel will question whether you should be driving at all. I hear what you're saying about the symptoms you experience the moment you stand up, but there is a chance they will say that you walk to the car, drive the car to the school, walk to the school gates, walk back to the car, drive the car back to your home and walk into the house (and I know you talk about the rests you have have to have at each stage) As you pick up your children and return them home, they may well say which is the DWP's argument that you have already demonstrated you can do the action again in a timely fashion (there and back). Believe me, I am not saying they are right, but it is one of the things that you can expect to be questioned on. You need to show that it takes you twice as long as a person who doesn't have your condition. (Not sure how you prove that!)

BIS

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MR rejected, appear to have not even read 2 days 12 hours ago #237380

Thanks for you reply BIS.

From what I gather, it's not just about how long it takes you to walk the distance but the pain/breathlessness while doing it as well as the need to rest before repeating it and the exhaustion from it. Someone who cannot get up and walk til 12pm each day, then make one trip to school, walk 20m with dizziness, breathlessness and chest pain, sit and rest for 5 full minutes before repeating the walk back to the car, then resting again, then driving home and lying down for 2 hours before walking up the stairs and going to bed at 6:30pm , really doesn't count as being able to walk 20m. Not just in my opinion, but from everything I've read about reliability and PIP.

This isn't a dig at you BIS, but I just want to make sure anyone else reading this doesn't assume what you said is the only way to get enhanced mobility. It is supposed to take these other things into account.

I have checked with the DVLA and since these symptoms are only present when I'm standing, due to my blood pressure not regulating itself when standing, there is no issue with me sitting and driving. My BP and heartrate are totally fine when I'm sitting, although I have residual chest pain for a few hours afterwards.

Really hoping a tribunal understand this. It's a fairly rare condition and it has taken me 20 years to get a diagnosis so I'm worried they will make assumptions and not understand how my condition works.

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MR rejected, appear to have not even read 2 days 11 hours ago #237384

Hi NotActuallyCrazy

What BIS has stated is what I come across quite often at tribunals, what you need to show to the tribunal is that you can not do this safely, repeatedly and reliably. Keep a day diary on how your condition affects you when you carry out daily tasks, it can add good weight to your arguement.

If you lay down for 2 hours who looks after the children? these may be some of the questions a tribunal may ask, so be prepared.

Gary

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MR rejected, appear to have not even read 1 day 10 hours ago #237440

Thanks Gary, do you think the things I mentioned are not enough to show that I cannot do it reliably etc? I thought if you are dizzy and breathless while walking, the distance didn't count? Also, what about not being able to walk for the first part of the day? I am sure I saw somewhere that if you can't do the task for part of the day then that counts too, for example if you need to wait an hour for pain meds to kick in before you can get dressed then you cannot do that task to an acceptable standard. So if it takes up to 5 hours for me to be able to walk in the mornings (when symptoms are worse) then I should not be put down as being able to walk that day.

Thanks for your feedback, it is good practice for the tribunal. I am surprised by your question about who looks after the kids though, I do, from lying on the couch. Is that not likely to be a satisfactory answer? So much of what I do is torturous but with no family or friends to help out, I have no other choice. Now I feel like it's going to be used against me that I pick up the kids when I only do it three times a week because I absolutely have to. Ugh. I hate this whole thing and feel like giving up!

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MR rejected, appear to have not even read 1 day 10 hours ago #237443

NotActuallyCrazy

The things you are raising are reasonable but you need to consider how this activity is looked at, it is just about the distance you can walk.

Your problem, undoubtedly in part, stems from the fact that you have told the DWP that you can walk the 20m at least five days a week and that you can repeat the distance. This would appear to be at odds with another statement you made about being severely limited in your walking indoors.

Have you measured the distance at the school? what if you cannot park near the school? Is the 40m the maximum you can walk as I don't think you have stated this?

The reliability criteria apply, they are defined in the legislation but the terms are still open to interpretation, so for example; the time you take to walk a distance includes any stops you make but in your example the stop is after you have walked the 20m, not during it.

Being unable to complete a task at the beginning of the day applies to some activities but not all, it all depends on whether it is reasonable for the activity to be done after the claimant gets up, so washing and bathing would be covered by this but preparing a meal is unlikely to be. O think you will struggle to use it for walking, especially as by your own admission you do it.

You need to think of the problem from the point of view of those looking at your capabilities rather than your own and try and get rid of the anomalies between what you are saying you cannot do and what you appear to actually be doing. As an example; make more of the difficulties that you after going to the school.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Gordon.
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