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TOPIC: PIP Letter and outcome

PIP Letter and outcome 5 months 2 weeks ago #222699

I finally got my PIP letter today and it was everything I hoped it wouldn't be. My face to face was on September 4th, it was the worst one I've had in all the years I've been having them, the guy was awful and he made me feel so bad that I didn't go out for 2 months afterwards. I knew he was going to mark me down beneath my usual award because at the end he told me that the decision was nothing to do with him and that I should appeal when I receive my award.
He's marked me down on the mobility component to one point under, so I'm to lose my car. I've been receiving the higher rate on dla for years and the last 2 PIP assessors also awarded me higher rate, the most significant change I added to this claim was the fact that I'm now being assessed for a hip replacement, my first appointment being on December 10th - I've had 3 serious falls this year requiring hospital treatment, it was during my third round of physio that they discovered the hip joint anomalies.
He awarded me one point below higher rate care as well, despite having broken my arm so badly from falling since my last assessment that I've permanently lost most of the use in my hand, a change from my previous award.
These things make me sick to my stomach every time they come round, it's disgusting the way they can play Russian roulette with our lives.
My next PIP payment is due on Christmas Eve, they've backdated the downgraded PIP to the end of November, so I won't be going anywhere any time soon with no car. I can't shop any more because I can't walk there and now I've mangled my arm I can't even pull my shopping trolley because I need to use my stick in my one good hand.
Any advice on the mandatory reassessment would be very gratefully received, I've read the notes, but all of my medical evidence was submitted the first time round, so would a covering letter from me be enough?
Nikki

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PIP Letter and outcome 5 months 2 weeks ago #222702

Nikki

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

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

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you 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"

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.

Gordon
The following user(s) said Thank You: Nikki

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

PIP Letter and outcome 5 months 2 weeks ago #222708

Thank you for your swift reply,
I did send off for the assessment report and there are 2 glaringly obvious things I could challenge on both mobility and care, he stated that I could easily prepare a meal and eat it with no assistance, having shattered my wrist into 8 pieces and not being able to use my left hand for food prep or eating, I also need my right for my stick, so that would help.
He only managed to knock down the mobility by saying I could walk 200m (even though my car was parked outside the front door at less than 10m distance) and that I didn't have an unsteady gait, but I trip and fall all the time to the point that the council are giving me level access to both front and back doors and ramps to the front and back as well.
Should I go through all the points I disagree with or just stick to those 2 do you think?
Nikki

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PIP Letter and outcome 5 months 2 weeks ago #222721

Nikki

Be careful of mixing up your terminology, so Preparing and Cooking Food and Taking Nutrition are separate activities.

I know you have said that the injury to your left arm is permanent but do you have any evidence to support this? Without it there may well have been an assumption that it would heal well within the nine months that PIP allows for.

I think you have a reasonable argument for needing aids in the kitchen, a perching stool is an obvious one and something to hold vegetables while you peel and prepare them would be another.

I don't your case is as strong for Taking Nutrition there is a variety of cutlery that provides multiple functions and can be used effectively by someone with only one hand.

What did you score for Mobility your post suggests 10 points, what was this for?

Addressing the issues in the report is important but I think you first need to go back to basics and look at how you have described your limitations and problems with reliably completing the PIP activities on the majority of days.

If you do deal with the report then try and stick to arguing factual issues and in particular ones that will lead to your scoring points, if you tackle the assessor's opinions then do so by reference to your evidence wherever you can.

Gordon
The following user(s) said Thank You: Nikki

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

PIP Letter and outcome 5 months 5 days ago #223434

Hi,
I'm sorry for the delay in replying, I was in a bit of a state when I got the PIP outcome and wasn't really being all that clear, I'm going to make the phonecall today to say I want a mandatory reconsideration, but I'm going to tell them I want to submit it in writing so that I don't get caught out on the phone.
I got 11 points for care and 10 for mobility.
All of my conditions have been diagnosed medically either by a GP or a referral to a consultant.
I have a perching stool, the council provided a wetroom for both myself and my daughter under a DFG (we live in a council bungalow) I'm in the middle of another DFG for just myself and both the front and back doors are being changed to level access with ramping being attached to both front and back. I have a fall alarm I wear on my wrist from Argenti. I use a stick to walk with and I have a walking frame for bad days.
I trip and fall a lot, because my left side has nerve damage and I never know when my foot isn't going to raise, I fall on carpet because my foot scuffs it and I go over. My hips and ankles lock and I can't move until I can unlock them which is unbelievably painful and when my ankles lock, I can't walk on that side at all.
I have:
Osteo arthritis in my hips, ankles, feet, hands and shoulders.
Permanent nerve damage on the left side of my body.
Hyper extension syndrome
Fybromyalgia
Osteopenia (hence the shattered wrist)
Spinal stenosis
Non alcoholic fatty liver
Gall bladder attack, 12 gall stones some of which are 2cm
Asthma
Agoraphobia
Depression
Anxiety
Incontinence
I feel unwell most of the time, other times I'm unable to get up and spend up to 4 weeks stuck on the settee with flu symptoms.
My daughter has severe epilepsy, autism and moderate learning difficulties I have been her carer since she was born 16 years ago, a lot of my pain and damage have come from lifting her over the years, she compromises her airway 9 times out of 10 when she has a seizure and just drops where she is so I have to mover her body to make her safe, her seizures last a minimum of 15 minutes and mainly at night.
I am permanently exhausted and in a great deal of pain constantly, but I can't take strong painkillers because I have to administer rescue meds to my daughter and I also have to be able to wake up instantly when she seizes.
The assessor left out a lot of my conditions and minimised my daily problems. How would you suggest I go about changing the decision? Any pointers would be a godsend, I struggle with brain fog from a condition I don't want to make public and which also exacerbates my existing side effects.

Nikki

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PIP Letter and outcome 5 months 5 days ago #223437

Also, on reading the report, the assessor has said that I am not receiving any specialist input for any of my conditions, I am under several consultants, he also said I hadn't mentioned things being difficult for myself, I don't know where to start with his report, honestly!

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