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7 years 4 months ago - 7 years 4 months ago #176969 by annie
Replied by annie on topic FAO Gordon
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Hi Gordon,
Thank you for your reply. I'm extremely appreciative of your time and insight.
Many thanks,
Wendy
Hi Gordon,
Thank you for your reply. I'm extremely appreciative of your time and insight.
This message contains confidential information
Many thanks,
Wendy
Last edit: 7 years 4 months ago by Gordon.
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7 years 4 months ago #177043 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic FAO Gordon
Wendy
Although rebutting the assessment report is important doing so cannot in itself result in an award, your primary goal is to show that your father meets the criteria and you can then you those statements to show that the report is wrong so I would go through the PIP2, the assessment report and the PIP Claim guide to make sure that this is the case and where there are omissions, for example the days a week that he is affected, explain why he cannot reliably, on the majority of days, complete the activities and why this is the case.
Treat the PIP Descriptors as they are written, trying to second guess the intent usually results in claimants losing points.
The Going Out Mobility activity is split into three
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity.
Undertaking a Journey - this is do with mental health issues such as agoraphobia and social anxiety and is concerned with his leaving the house to go somewhere, they will be interested in the things that stop you doing this. If he can leave the house but risks not getting to his destination then you will be asked about this. You need to show that he would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - the DWP regard this as a cognitive or sensory activity to do with navigating the route, to score for mental health issues you will need to show that his anxiety is so extreme that it would prevent you from actually navigating the route.
References to Public Transport are misleading, although the DWP guidance refers to it, the Descriptors do not and we regularly see the DWP ignoring issues in this area.
Three stage commands are exactly that; 1.See the piece of paper on the floor, pick it up, now fold it in half.
This and the other tests are indicators of cognitive issues, the DWP read more into them than they deserve.
Gordon
Although rebutting the assessment report is important doing so cannot in itself result in an award, your primary goal is to show that your father meets the criteria and you can then you those statements to show that the report is wrong so I would go through the PIP2, the assessment report and the PIP Claim guide to make sure that this is the case and where there are omissions, for example the days a week that he is affected, explain why he cannot reliably, on the majority of days, complete the activities and why this is the case.
Treat the PIP Descriptors as they are written, trying to second guess the intent usually results in claimants losing points.
The Going Out Mobility activity is split into three
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity.
Undertaking a Journey - this is do with mental health issues such as agoraphobia and social anxiety and is concerned with his leaving the house to go somewhere, they will be interested in the things that stop you doing this. If he can leave the house but risks not getting to his destination then you will be asked about this. You need to show that he would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - the DWP regard this as a cognitive or sensory activity to do with navigating the route, to score for mental health issues you will need to show that his anxiety is so extreme that it would prevent you from actually navigating the route.
References to Public Transport are misleading, although the DWP guidance refers to it, the Descriptors do not and we regularly see the DWP ignoring issues in this area.
Three stage commands are exactly that; 1.See the piece of paper on the floor, pick it up, now fold it in half.
This and the other tests are indicators of cognitive issues, the DWP read more into them than they deserve.
Gordon
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7 years 4 months ago - 7 years 4 months ago #177076 by annie
Replied by annie on topic FAO Gordon
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Hi Gordon,
Thank you so much for your input. I'll do everything that you have suggested.
Many thanks, once again,
Wendy
Hi Gordon,
Thank you so much for your input. I'll do everything that you have suggested.
This message contains confidential information
Many thanks, once again,
Wendy
Last edit: 7 years 4 months ago by Gordon.
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7 years 4 months ago #177125 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic FAO Gordon
Wendy
All that you can do mitigate the risk of your father losing points is to make sure that you have explained his limitations in detail.
I'm not saying don't deal with the comments in the assessment report, you may still need to make reference to it; for example the fact that he did not make the call to arrange his assessment, but if you go back to basics and explain his limitations it should be possible to show that the opinions in the assessment report are incorrect.
Follow the formula in the guide.
1. What is the health condition and what are the symptoms that cause problems with completing an activity
2. Describe the problems he has, giving details and examples if you can.
3. If he uses any aids or appliances, list them and explain why he uses them.
4. If he needs physical help, supervision or prompting, whether he actually get it or not, explain what he needs and why he needs it, including if he needs help when using aids or appliances. If he can’t manage even with help from another person and have to have everything done for him, say so.
5. Say when during the day or night he has problems. For example, is it all the time, mostly in the morning or just in the evening?
6. If his condition varies, from day to day or week to week, try to explain how much it varies and what problems he has when he is at his best, worst and average.
Gordon
All that you can do mitigate the risk of your father losing points is to make sure that you have explained his limitations in detail.
I'm not saying don't deal with the comments in the assessment report, you may still need to make reference to it; for example the fact that he did not make the call to arrange his assessment, but if you go back to basics and explain his limitations it should be possible to show that the opinions in the assessment report are incorrect.
Follow the formula in the guide.
1. What is the health condition and what are the symptoms that cause problems with completing an activity
2. Describe the problems he has, giving details and examples if you can.
3. If he uses any aids or appliances, list them and explain why he uses them.
4. If he needs physical help, supervision or prompting, whether he actually get it or not, explain what he needs and why he needs it, including if he needs help when using aids or appliances. If he can’t manage even with help from another person and have to have everything done for him, say so.
5. Say when during the day or night he has problems. For example, is it all the time, mostly in the morning or just in the evening?
6. If his condition varies, from day to day or week to week, try to explain how much it varies and what problems he has when he is at his best, worst and average.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 months ago #177126 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic FAO Gordon
Wendy
All that you can do mitigate the risk of your father losing points is to make sure that you have explained his limitations in detail.
I'm not saying don't deal with the comments in the assessment report, you may still need to make reference to it; for example the fact that he did not make the call to arrange his assessment, but if you go back to basics and explain his limitations it should be possible to show that the opinions in the assessment report are incorrect.
Follow the formula in the guide.
1. What is the health condition and what are the symptoms that cause problems with completing an activity
2. Describe the problems he has, giving details and examples if you can.
3. If he uses any aids or appliances, list them and explain why he uses them.
4. If he needs physical help, supervision or prompting, whether he actually get it or not, explain what he needs and why he needs it, including if he needs help when using aids or appliances. If he can’t manage even with help from another person and have to have everything done for him, say so.
5. Say when during the day or night he has problems. For example, is it all the time, mostly in the morning or just in the evening?
6. If his condition varies, from day to day or week to week, try to explain how much it varies and what problems he has when he is at his best, worst and average.
Gordon
All that you can do mitigate the risk of your father losing points is to make sure that you have explained his limitations in detail.
I'm not saying don't deal with the comments in the assessment report, you may still need to make reference to it; for example the fact that he did not make the call to arrange his assessment, but if you go back to basics and explain his limitations it should be possible to show that the opinions in the assessment report are incorrect.
Follow the formula in the guide.
1. What is the health condition and what are the symptoms that cause problems with completing an activity
2. Describe the problems he has, giving details and examples if you can.
3. If he uses any aids or appliances, list them and explain why he uses them.
4. If he needs physical help, supervision or prompting, whether he actually get it or not, explain what he needs and why he needs it, including if he needs help when using aids or appliances. If he can’t manage even with help from another person and have to have everything done for him, say so.
5. Say when during the day or night he has problems. For example, is it all the time, mostly in the morning or just in the evening?
6. If his condition varies, from day to day or week to week, try to explain how much it varies and what problems he has when he is at his best, worst and average.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 months ago #177136 by annie
Replied by annie on topic FAO Gordon
CONFIDENTIAL
Hi Gordon,
Thank you for your response.
Having gone through the guides would this be the best way to start the MR letter?
Dear Sir/Madam,
MANDATORY RECONSIDERATION REQUEST
I would like to request that you reconsider your decision dated 25 November 2016.
I consider that I should have been awarded Enhanced Rate Daily Living and Enhanced Rate Mobility. I was awarded Standard Rate Daily Living and Enhanced Rate Mobility.
Gordon - It's the last line that I'm unsure about. Does it read OK?
At the moment I'm working on taking nutrition and managing therapy or monitoring a health condition. They both have no points so putting most effort into those (following your guidance). I'm wondering if it's best to just focus on a few of the daily living (even though I appreciate that DWP will still look at the mobility one).
I'm conscious of the fact that I'm running out of time and even with my sister's help .. it is taking forever!
Wendy
Hi Gordon,
Thank you for your response.
Having gone through the guides would this be the best way to start the MR letter?
Dear Sir/Madam,
MANDATORY RECONSIDERATION REQUEST
I would like to request that you reconsider your decision dated 25 November 2016.
I consider that I should have been awarded Enhanced Rate Daily Living and Enhanced Rate Mobility. I was awarded Standard Rate Daily Living and Enhanced Rate Mobility.
Gordon - It's the last line that I'm unsure about. Does it read OK?
At the moment I'm working on taking nutrition and managing therapy or monitoring a health condition. They both have no points so putting most effort into those (following your guidance). I'm wondering if it's best to just focus on a few of the daily living (even though I appreciate that DWP will still look at the mobility one).
I'm conscious of the fact that I'm running out of time and even with my sister's help .. it is taking forever!
Wendy
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