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PIP medical question

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7 years 8 months ago #165259 by lesmac
Replied by lesmac on topic PIP medical question
I got the dreaded brown envelope yesterday. Been denied PIP, got no points at all. I was ready to lose mobility (got low mobility in DLA) but I thought I'd get some points in daily living (was medium care DLA). It's sent me into a rather downward spiral but I know I have to try to hold it together and do mandatory reconsideration and then appeal. When I phone them for mandatory reconsideration do I ask them for the medical report from the person who did the medical? Is it best to see that before doing mandatory reconsideration or do I just ask for a mandatory reconsideration to take place?

I still wonder how an occupational therapist could do a medical on someone with mental health problems and CFS, she had no clue on so many issues.

Thankfully being awarded ESA again and promoted to support group ( I am so relieved I don't have to go anywhere near the job centre again) my rent and council tax are paid so at I'll have a roof over my head but rather a lot of budgeting and belt tightening will have to go on. It almost halves my income.

I can't understand why so many people in this country believe getting benefits is easy. I sorted out all the paperwork I'd printed out, written and worked from and it's about 2" thick! I'm sure there will be at least another 1" before appeal.

I need to try to hold it together but not really succeeding. I'm going to try to see my GP on Monday and will work up the courage to phone the DWP.

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7 years 8 months ago #165314 by Gordon
Replied by Gordon on topic PIP medical question
lesmac

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

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

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7 years 7 months ago #167428 by lesmac
Replied by lesmac on topic PIP medical question
Mandatory reconsideration sent off recorded delivery.

The health professionals report would have made an hilarious read if the consequences were not so serious. Like others who post here I don't recognise a lot of it. I think I would have remembered if I had lain on my back and raised my leg 70°, I didn't 'look tired' so obviously don't have chronic fatigue and the one that got me really angry is 'is of overweight build' so must be able to cook a meal and take nutrition. I didn't look depressed or anxious either. Even my friend got a mention as 'she wrote on paper on a clip board and appeared to write down everything the health professional said and asked'. I got her to take notes as my memory is so bad I wanted details of what happened if I needed to appeal.

My GP had not been asked for a report, I tried to get one to send with the initial claim form but he wanted them to contact him directly, presumably because he would then be paid. Anyway, I got one from him and sent that off as additional information.

Doing an ESA reassessment, DLA to PIP transfer and then mandatory consideration for the latter has seemed to be an almost full time job since February.

Anyway, my question is, does anyone know how long the DWP are taking to do mandatory reconsiderations once they receive the paperwork?

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7 years 7 months ago - 7 years 7 months ago #167440 by slugsta
Replied by slugsta on topic PIP medical question
Hi Lesmac,

MRs generally take a few weeks although we also hear of both extremes - ie done in a few days or taking months!

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 7 months ago by slugsta.

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7 years 3 months ago #177072 by lesmac
Replied by lesmac on topic PIP medical question
Mandatory reconsideration was turned down although went from 0-5 points. Appeal was last week but tribunal upheld the mandatory reconsideration points decision. I'm totally devastated. (I was on medium care, low mobility of DLA.)

After the mandatory reconsideration stage I discovered that the answers to the PIP 2 form that I spent so long writing, using the information here, which described the problems I have had somehow been lost by the DWP. This meant that no-one had actually read them, not the health professional or decision maker. Mandatory reconsideration had only gone on the extra info I'd sent then and never the original, full answers. The full answers were typed by a friend and attached as additional information. They were referred to throughout the form as 'please see page x of additional information attached' as well as being listed on the form in the documents sent list.

My GP was never asked for a report and only wrote me a short letter, which did contain some of my difficulties. He wanted the DWP to contact him directly, which I wrote on the form, as he is obviously paid to do it this way.

On the advice of my GP, I went to the CAB to get help to appeal. Someone there filled out the form and presented all the documentation. He was supposed to come to the tribunal as my representative, we had talked at length about my difficulties, but on the day he didn't show up and someone else from the CAB was there. We only talked for 10 minutes before having to go into the tribunal (he had just come out of the one that was held in the previous session) so he really knew very little about me. The tribunal kept going on about how I could drive, sew and spin wool so I should be able to cook a meal etc. I tried to explain about my anxiety and fatigue as well as the depression but it seemed to be that because I could 'physically' do something when though I can't due to depression, anxiety and fatigue that I was not believed.

Now I'm not sure what to do. I've seen my GP as I was feeling suicidal after it all, we have put even more safety measures in place so I'm safe but I'm living on diazepam just to stay sane. I'm seeing my GP again tomorrow. The CAB have advised asking for the tribunal's statement of reasons which my friend has done on my behalf. I don't think I could face an appeal to the upper tier tribunal even if there are grounds for this.

I am wondering about just starting the whole claim again, especially as no-one read my 'answers'. I know they are different benefits with different criteria but my ESA claim went from WRAG to Support Group without a medical so they obviously read what I wrote and, unlike the PIP people, they asked my GP for a report. This time I would be prepared for their loaded questions.

I really don't know what to do. It's been 11 months since all this started and I'm not sure how much more I can take.

( P.S.I am not currently suicidal and know of the Samaritans and other help lines if needed, I don't want to worry anyone.)

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7 years 3 months ago #177088 by Gordon
Replied by Gordon on topic PIP medical question
Lesmac

You have two options going forward;

You can challenge the Tribunal Decision, but only on the basis that there has been an Error of Law, not because you disagree with the Decision. This is a long process with no guarantee of success.

Or, you can make a new claim from scratch there is no waiting time.

If you want more information on either option then let us know.

Gordon

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

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