× Members

Been given points I shouldn't get!

More
5 years 5 months ago #220127 by Helen-Louise
Been given points I shouldn't get! was created by Helen-Louise
Well, this is a new one. My PIP assessor has awarded me points in a category that I don't qualify for. In fact, the form I filled in states that I have no problem in that area and I gave them no information to suggest otherwise during the assessment.

However, they didn't award me other points that I should qualify for, so it has to go to Mandatory Reassessment.

When I fill in the MR form, should I mention that the Health Practioner typoed and I don't deserve these points? Or just ignore it?

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

More
5 years 5 months ago #220138 by Gordon
Replied by Gordon on topic Been given points I shouldn't get!
helen-louise

Are you categorically certain that you should not have scored points for this activity? Is there any chance that you could have but did not expect to?

I can't advise what you need to do but the assessor is supposed to know their job and they will have had to justify their recommendation.

Gordon

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
5 years 5 months ago #220166 by Helen-Louise
Replied by Helen-Louise on topic Been given points I shouldn't get!
I'm positive that I shouldn't have those points. I did not state any problems using the toilet or any problems with incontinence, so I shouldn't have points awarded for "Needs to use an aid or appliance to be able to manage toilet needs or incontinence".

I have the Assessor's Report in front of me and the assessor has essentially copied and pasted what he wrote for "Washing and Bathing", but changed the name of the aid from "a long-handled sponge" to "a raised toilet seat". He's also copied and pasted that same stuff into "Dressing and Undressing". I'd like to know what "adapted utensils" I can use for dressing and undressing.

Essentially, my Assessor's Report is a load of bollocks which is not fit for purpose. They've even lied about how much time I spent at the interview, including their half-hour "reading time" as if I was actually sitting in the room!

The problem is that they only gave me 8 points in total for Daily Living. So if they realise I shouldn't have those 2 points for "Managing Toilet Needs" but don't give me any more, I'll go down to 6 points which isn't enough for an award.

I am asking for Mandatory Reconsideration because they only gave me 10 points for Mobility and I think I deserve 12 based on reliability and repeatability. The assessor wrote about me buying my electric wheelchair on eBay and implying that I therefore don't really need it, without asking whether that was under medical advice.

What actually happened was that when my CFS worsened to the point where I could no longer manage to walk outside the house, my GP became concerned about my mental health because I had been housebound for more than 3 months. He told me that although he could refer me to NHS Wheelchair Services, there would be a long wait and they would probably only be able to offer a manual wheelchair which wouldn't help me self-mobilise as my arms are as bad as my legs. He said that if I could possibly afford to buy myself an electric wheelchair, I should do so. I therefore bought a cheap electric wheelchair (thinking that I was saving valuable NHS resources), and replaced it with a better one using the Higher rate Mobility component of my Disability Living Allowance - which I understood was the purpose of this benefit!

Between that and the fact I was unfortunate enough to have my assessment on one of the best days I've had in months, my abilities did not give an accurate picture of a typical day living with my conditions.

I've written a long rebuttal of the Assessor's Report (4 pages single-spaced 11 point text) but I've realised that I was looking at the wrong part of the Benefits and Work guide to Personal Independence Payment Appeal Submissions. So everything I've written is for an Appeal/Tribunal rather than a Mandatory Reconsideration.

I'm just not sure what I should do, really.

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

More
5 years 5 months ago #220176 by Gordon
Replied by Gordon on topic Been given points I shouldn't get!
helen-louise

It shouldn't make any difference if you have worded your response for an appeal versus an MR, the issues are the same but I would not just concentrate on the report, you need to go back to your claim form to make sure that you have shown that you meet the criteria for a higher award.

Are you only looking at scoring for Moving Around? If you are then you are going to have to consider the possibility of going on to appeal, this activity is only about the distance you can walk, I realise you are looking at the reliability criteria but DMs lack imagination in this area and if you were scored for walking 20m-50m then I think you will struggle to score higher without actually showing that your walking s limited to less than 20m.

By requesting an MR you do risk your Daily Living award, especially if the new DM looks at the Incontinence activity and agrees with you that the points have been allocated incorrectly, did you expect to score higher for this component?

If you did then I would include your arguments for this, even if you did not expect to score sufficiently for the Enhanced rate.

Gordon

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.