- Posts: 202
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- PIP decision letter arrived and a lot of fiction
× Members
PIP decision letter arrived and a lot of fiction
- lindat
- Topic Author
- Offline
Less More
5 years 6 months ago #238604 by lindat
PIP decision letter arrived and a lot of fiction was created by lindat
Basically its been decided I have no memory problems and no cognitive difficulties, according to the DM. Bewildered, ha always, I do not understand how they can reach this conclusion despite fibromyalgia having me living in permanent fog for 19 years. Plus. It says because of this, and because of my using mobility scooter I can cook a meal using aids. I haven't been able to cook since 2000, and received Low rate DLA for care and high rate mobility FROM 2001 which as i deteriorated went up to high rate care in 2012 I cannot lift and tilt among other things but my inability to concentrate or remember how to do...anything... Makes it very dangerous. The letter says as I do not have memory or cognitive problems and because I use a mobility scooter I can cook using an aid.?? Apologies I am in a state, my brain is struggling. It says I do not use an aid for medications but I have a dosset alarm box from occupational therapist many years ago. Sorry I could go on. I cannot go anywhere without my husband yet it says I do not need someone with me? Can't go anywhere new even with him, assessment was a nightmare. Your advice seems to say it may be best not to ask for reconsideration but the decision just so far from the truth. I got enhanced for mobility so relieved we keep motability car but again I cannot go to even familiar places without my husband for emotional as well as physical support but they gave zero points for planning and following a journey... Hahaha. I had to give up driving 12 years ago when I forgot how to brake, can't use a phone as my brain shuts down, get stuck in the bathroom as forget how to open the door, can't figure out how to use the microwave so have cereal for tea again etc etc... This is a indefinite DLA, high rate both, to PIP transfer.
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 9011
5 years 6 months ago #238606 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP decision letter arrived and a lot of fiction
Hi Lindat
Our guides only point out that there is always a risk of requesting a mandatory reconsideration as they look at the entire award. The award could stay the same, the award could be increased or the award could be decreased. It doesn't mean you shouldn't put in for an MR, you just need to weigh up whether you have a case and whether you want to risk it.
If you do decide to go for an MR is to put in a request for one. 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.
Did you have any back up from medical professionals about your cognitive difficulties? It would be helpful if you did. It may be unfair, but they will consider the strength and dexterity needed to get on and off a mobility scooter and operate it makes it possible for you to cook. I'm not saying it's the same just pointing out that it is this sort of thing you will have to contradict in your MR.
PiP is different from DLA so you are not alone in finding even if you had an indefinite higher award for care and mobility for DLA, it does not automatically translate to enhanced PIP
BIS
Our guides only point out that there is always a risk of requesting a mandatory reconsideration as they look at the entire award. The award could stay the same, the award could be increased or the award could be decreased. It doesn't mean you shouldn't put in for an MR, you just need to weigh up whether you have a case and whether you want to risk it.
If you do decide to go for an MR is to put in a request for one. 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.
Did you have any back up from medical professionals about your cognitive difficulties? It would be helpful if you did. It may be unfair, but they will consider the strength and dexterity needed to get on and off a mobility scooter and operate it makes it possible for you to cook. I'm not saying it's the same just pointing out that it is this sort of thing you will have to contradict in your MR.
PiP is different from DLA so you are not alone in finding even if you had an indefinite higher award for care and mobility for DLA, it does not automatically translate to enhanced PIP
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: lindat
Please Log in or Create an account to join the conversation.
- lindat
- Topic Author
- Offline
Less More
- Posts: 202
5 years 6 months ago #238643 by lindat
Replied by lindat on topic PIP decision letter arrived and a lot of fiction
I keep rd reading the DM report, eventually my screwed up brain will comprehend it. She says I am severely disabled due to fibromyalgia pain, hence enhanced mobility, but then days I do not have so called (her words) fibro fog??? At assessment no mental assessment was done to check memory etc. I was expecting to be asked at the start to remember 6 objects and asked at the end to say what they were but wasn't done. She didn't ask me to count down from 100 in sequential (is that the right word?)sevens or anything remotely like it. We have the assessment on tape and listened to it just in case I forgot. Surely if she didn't do memory and cognitive function tests it cannot over rule my GP 13years experience of my screwed up brain? Okay his words in my PIP application were Impaired cognitive function not screwed up brain. Sorry I and going to be a pest here, swinging between despair and anger and trying to be calm enough to think so can do request for Assessment report and figure out Mandatory reconsideration request is overwhelming me
Please Log in or Create an account to join the conversation.
- lindat
- Topic Author
- Offline
Less More
- Posts: 202
5 years 6 months ago #238644 by lindat
Replied by lindat on topic PIP decision letter arrived and a lot of fiction
Oh and my husband always helps me on and off scooter. I cannot turn wrists as in to pour without extreme radiating pain, haven't been able for years. Different muscle tendons and ligaments used to squeeze the handle on mobility scooter or pick something up I had this all explained to me in 2000 by my then GP why I could pick up a fairly heavy bag but couldn't tip a pan, jug ,kettle etc. I hug milk carton to tip milk in cup, I told her that at assessment. I have to use both hands to drink, I have numb finger tips so drop things all the time. We have a 1cup hot water dispenser so I can make a hot drink brain allowing. Sorry will go try to meditate and calm down, try to focus and write a plan. Thank you so much for being there. Linda
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 9011
5 years 6 months ago #238647 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP decision letter arrived and a lot of fiction
Hi Lindat
Get the report and then you'll see what you're fighting against. Be ready to try and get a letter from your doctor which is more specific. If he has not given any examples of cognitive dysfunction or spoken about the severity of it - that may be one of the reasons why they ignored it. - especially as the assessor says she saw no evidence of it.
BIS
Get the report and then you'll see what you're fighting against. Be ready to try and get a letter from your doctor which is more specific. If he has not given any examples of cognitive dysfunction or spoken about the severity of it - that may be one of the reasons why they ignored it. - especially as the assessor says she saw no evidence of it.
BIS
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.
- lindat
- Topic Author
- Offline
Less More
- Posts: 202
5 years 6 months ago #238650 by lindat
Replied by lindat on topic PIP decision letter arrived and a lot of fiction
I keep deleting this somehow?? I see GP two weeks monday, soonest appointment. For first two years I was still able to drive and saw him allne, I wrote everything down I was seeing him for for him to read as my brain shuts down when I got there. He scanned all into my med docs. 10/11 years ago My brain issues became so bad I had to stop driving after forgetting how to brake, since then my husband is always with me and speaks for me as needed. I still write letter to GP when it's important.
My husband handed a letter to assessor in which I explained my cognitive issues, asking her to please pause after questions so my brain could translate, it's like people talk another language and I have to translate to english. I explained how distraction and or interruption would cause my brain to shut down completely, but knowing she knew this would hopefully help. My husband had to answer and or explain for me many times when I simply did not understand her. Mind I also begged to be allowed to lie down on the examination couch as sitting is extremely and ever increasingly painful. Many questions I would start to answer then trail off and go quiet, this is clear on the tape. I am just bewildered how anyone thinks there is mental assistance for fibr o fog??? I've learnt relaxation, distraction and meditation over the years, before seeing pain consultant, to cope with pain and anxiety and social phobia because my brain shuts down and no one of the five rheumatologist I've seen, not pain consultant not fibromyalgia course at hospital have ever suggested there was ANY way of treating it? This is flashback to ESA from IB in 2012 they just kept saying I could self propel a wheelchair despite ALL evidence to the contrary till we won appeal within 10 minutes, including time to calm me down. Once again it seems truth and facts don't matter, let's ignore evidence and make it all up. I am 63 and I received free prescriptions before I was 60 because I was unable to leave the house alone but according to DM I can plan follow a journey anywhere by myself!!!! Okay I digress.. So sorry
My husband handed a letter to assessor in which I explained my cognitive issues, asking her to please pause after questions so my brain could translate, it's like people talk another language and I have to translate to english. I explained how distraction and or interruption would cause my brain to shut down completely, but knowing she knew this would hopefully help. My husband had to answer and or explain for me many times when I simply did not understand her. Mind I also begged to be allowed to lie down on the examination couch as sitting is extremely and ever increasingly painful. Many questions I would start to answer then trail off and go quiet, this is clear on the tape. I am just bewildered how anyone thinks there is mental assistance for fibr o fog??? I've learnt relaxation, distraction and meditation over the years, before seeing pain consultant, to cope with pain and anxiety and social phobia because my brain shuts down and no one of the five rheumatologist I've seen, not pain consultant not fibromyalgia course at hospital have ever suggested there was ANY way of treating it? This is flashback to ESA from IB in 2012 they just kept saying I could self propel a wheelchair despite ALL evidence to the contrary till we won appeal within 10 minutes, including time to calm me down. Once again it seems truth and facts don't matter, let's ignore evidence and make it all up. I am 63 and I received free prescriptions before I was 60 because I was unable to leave the house alone but according to DM I can plan follow a journey anywhere by myself!!!! Okay I digress.. So sorry
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David