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Asking for mandatory reconsideration for mobility

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5 years 9 months ago #234583 by Ellen
Thanks Gordon - that's the point I was getting at about assuming the stuff about public transport is the law when it isn't .

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5 years 9 months ago #234591 by NotActuallyCrazy
Replied by NotActuallyCrazy on topic Asking for mandatory reconsideration for mobility
Ok so if I'm understanding this correctly, you mean that even though the DWP guidance states that a person should only be considered to be able to follow an unfamiliar journey if they can do it by public transport, that this is now LAW, correct? But in that case, for my MR letter I could still reference their own guidance?

The reasons I gave for not being able to use public transport at all were focussed on my Autism and the brain fog I get from my physical symptoms when standing upright. The assessor wrote that because I made eye contact and did not seem anxious (even though I was visibly, severely ticking due to anxiety) that I could take public transport and follow an unfamiliar route without any help and I scored 0 for that section. The way she wrote the report actually makes it seem like she doesn't believe I'm autistic (is a driver, attended mainstream school, made eye contact and had adequate rapport, was only diagnosed with autism recently).

Any advice on addressing this section?

I have gone through every guide here several times, my application was very very detailed and I described everything within the descriptors (reliability, safety, after effects etc) at the assessment. She recorded it all accurately until the section on her observations and recommendations- I lost the points because she said I wasn't breathless and dizzy at the assessment (I was) and therefore I can stand up and walk symptom free for 20m (I can't) and that I made good eye contact and rapport therefore everything to do with my Autism she did not give points for.

I feel that I have given as much information as possible, it's that she is saying I'm lying whch is the problem. I just don't know how to prove that my reported symptoms are real when no one else knows my body but me??

Sorry this is rambly, I am on pain killers and also very stressed about this whole thing. It's taken me 15+ years for doctors to finally listen and run tests to diagnose me, and now I am being disbelieved by a so called health professional.

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5 years 9 months ago #234592 by NotActuallyCrazy
Replied by NotActuallyCrazy on topic Asking for mandatory reconsideration for mobility
Thank you for your message MEg, it is so frustrating isn't it. I feel I described my problems with each descriptor well thanks to the guides on this website, however, it's that she didn't believe me that was the problem. Thankfully I still got enough points to get enhanced daily living but on every question that involved me saying I get dizzy and breathless, she said I wasn't on the day walking 15m so I could do the task with an aid.

One example is cooking. I cannot cook because when I am upright I get all my POTS symptoms (which includes dizzy, chest pain, breathless/air hunger, faint, brain fog, vision loss, headache etc), I told her I had not cooked even a simple meal at all this year. I drink powdered shakes and even then my husband makes most of them. She said I only need special equiptment (lightweight pans) for my joint problem, because I was not breathless on the day, I could cook fine with an aid. I told her I need help getting out of the bath/off the shower floor because my hr goes to 175bpm, I lose my vision, I lose my hearing and become symptomatic (dizzy, chest pain etc). She said I just need a stool in the showers I was not breathless or dizzy on the day.

How am I supposed to prove this? This is a ridiculous system, especially when I have submitted information about my health conditions. A quick google tells you that the symptoms start immediately upon standing (hence the name POSTURAL orthostatic tachycardic syndrome) and I did explain this at the assessment....it happens immediately....but she doesn't believe me.

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5 years 9 months ago #234601 by Gordon
Rachael

No, it is not law it is only guidance! We have seen it followed and disregarded by DWP DMs.

Descriptors (d) and (f) are about your ability to follow a route so you need to show that you cannot, using Public Transport may be part of this but if you can follow one where there is no requirement to use it then I would expect you to struggle to score,

Do you have medical evidence of your symptoms?

Gordon

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

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5 years 9 months ago #234604 by NotActuallyCrazy
Replied by NotActuallyCrazy on topic Asking for mandatory reconsideration for mobility
Sorry! I made a typo and it should have said NOT law, not "now law"!

Regarding the public transport issue, it is not the main point of my MR so I'll argue it in my letter but not focus on it here.

Yes, I have evidence as far as my health care although it seems they haven't asked my doctor for this so I have asked her for a letter myself. She wrote one stating that I have pain and symptoms consistent with EDS and POTS and that I am undergoing further investigations into these. I wish she had listed the exact symptoms like I asked but alas, she hasn't and is now on holiday. I will include this with my letter as the main symptoms of POTS is tachycardia, dizziness, breathlessness, fatugue and near fainting upon standing up (and while standing). .

I have had my EDS diagnosed by her but I am awaiting genetic testing to be sure it is only the hypermobile kind and not vascular. I have had my POTS diagnosed by her in the office with lying down and standing observations but I am awaiting a tilt table test to ensure that there is no other condiditon present. That's why she can't say I have been "diagnosed" with them which is annoying and makes it seem like I might not have them, when really it's just I could have something worse.

I have asked my best friend to write a letter about my physical inability to stand and walk without symptoms as well as the fact that I spend a significant portion of the day, every day unable to stand at all due to symptoms and that for the first few hours of the day I also cannot get up (I was told this counted as not being able to do it for that day, but the assessor didn't take this into account it seems).

I have also asked my psychologist to write a letter as it was her I went to for what I thought was anxiety (chest pain, heart racing etc) and actually told me to get investigated for POTS after she counselled me for months with no improvement and so many physical complaints that had been put down to anxiety by other doctors.

Is there anything else I could include to "prove" myself?

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5 years 9 months ago #234612 by BIS
Hi Rachael

I've read through your posts. You were asking whether there was any additional evidence you could give. I would include a letter from your husband. You may have said things such as he prepares shakes for you, but you need him to say it, say whether he helps you shower... everything he does for you. Include his beliefs about how safe you are and what he observes on a daily basis etc. He is the person who knows better than anyone.

Be careful when your friend writes her letter that nothing she says contradicts anything else you have told them, particularly when you go out together and what you have said about your walking. As your symptoms start from the moment you go to stand up, can you walk immediately or do you have to get your balance? How soon do you lose your vision and how quickly do you have to sit down again and then how long is it before you move? I am sure you have already told them these things - now they need to be written from what she has observed.

Both letters (if your husband says one too), should end with a statement attesting that the contents of the letter are accurate to the best of their ability and of course a signature.

You have talked about 'brain fog'. I would be cautious of describing it as "brain fog", I think the phrase trivialises the problems that claimants face with memory and cognition, due to their conditions, tiredness or the effects of medication. A better term would Cognitive Dysfunction and this is a recognised symptom of Autism.

Make sure you reiterate how you are affected and what is the cause.. You need to be affected on the majority of days so explain when you are affected and if it varies, how this happens? How you are at your worst, your best and on average, best doesn't have to mean OK.

To be of value you must relate your problems back to the PIP activities, so explain how your memory and cognitive problems affect your ability to complete the PIP activities.

BIS

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