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Review assessment - mandatory reconsideration

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7 years 6 months ago #171625 by Deb_Chez
Hi Work and Benefit.

I wounder if you could give me some advice please.

Diagnosis are - Cervical Cancer all clear at present but radical surgery is causing on going issues. 2 Prolapased discs with nerve damage. Depression/anxiety. Poly Cystic Ovaries. Gallstones. Vertigo.

Overview - I completed my daughters 1st assessment form - she was assessed in 2013 - award was enhanced care and enhanced mobility.

July this year she received a review notification which was a shock as she still had over a year to run on her award. We were not really ready but went ahead and i more or less submitted what was on her 1st assessment form adding the cancer and gallstone issues as they had been diagnosed after her 1st assessment took place. I also sent in a support letter from my daughters GP which stated all the above diagnosis butttttttttttt after spending over a week working on the reconsideration, i have today identified what the assessor has used to overturn the 1st decsion.

I wrote on the review form 'Depression'. Her doctor has written on his supporting letter 'anxiety disorder' but he has not put depression. I did not identify this when i was completing the review form it never crossed my mind for one min how depression and anxiety, while more or less having the same symptoms are in fact different diagnosis. Help please i dont know what to do.

The assessor has written all over her report that ' she does not have any supporting medical evidence so basically she is 'lying'. How on earth will i challenge this please.

New award is lower care only no mobility at all and she has now lost her mobility car which was needed to travel to london every 6 months London was the only hospital that could treat her cancer as it was a rare type.The awarded is for 10 yrs so i really need to tackle this now. reconsideration should have been in on the 19th September but they have given me 2 extra extensions to provide a wriiten re considerstion they are not going to give me another and it has to be with them by the 28th, this friday coming.

I did write a statement in additional info stating she had dictated her answers - i actually did the form but typed it all up, and then applied each answer to each question within the form. i then got her to sign and date all the answers. She did actually make some changes on the review form by crossing out in a perm maker pen. Can i use this as well maybe in support of my error?

Can i also ask being that the assessor states everywhere on the form that her condition is stable i used this fact as an argument. only evidence they considered was her 1st assessment report and the letter from her doctor. Comments please.

The only other things the assessor has used against her are the fact that she passed her driving test he says this proves she has no problem reading or writing - he used this against communicating as i stated that she has poor concentration, can be forgetful.

The assessor has aslo used the fact that she helped drive her car from 'scotland to lancaster' this is very vague as the actual journey is 122 miles and yes she did do some of the driving but her husband did the most. He says that she that is why she got no mobility points. this was a one of exercise and she really had no choice. But he states she has no grip problem in her right hand because she drove. She actually does have numbness in her 1st 3 index fingers due to the nerve damage she has. Again any suggestions on how to over rule this please.

Thank you for your help.

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7 years 5 months ago #171675 by Gordon
Deb_Chez

It is critical that you make the request for an MR, if the request is classed as out of time then she loses any appeal rights.

Your post talks about problems with the assessment report, it's important to address these but an increased award can only be made if she/you show that you that meets the criteria to score extra points.

Did she score any points for the Going Out and Moving Around activities? There has been a significant change in the DWP guidance for Going Out, see the PIP Claim guide for more details.

I would sit down with he PIP2 the assessment report and the Claim guide to make sure that she meet the criteria for higher points, be aware that many of the Descriptors have multiple elements all of which need to be met in order to score the points.

As for the anxiety/depression, all you can do is be honest and explain the confusion, however, the two conditions will likely have different affects on her daily activities so you need to make sure that what you have explained on the PIP2 is still relevant.

I think you will struggle to score points for Reading, this is primarily aimed at claimants with sight or cognitive problems.

If you have further questions then please reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Deb_Chez

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7 years 5 months ago #171690 by Deb_Chez
Replied by Deb_Chez on topic Review assessment - mandatory reconsideration
The dwp were asked to supply the HP with all the medical reports that they held on file. They didnt all the HP had was the pip consultation report from 2013 and the doctors letter. because the medical conditions are on going and will not change these reports still have grounding but the hp never had them. can i use them as arguments please as her cancer has taken priority she has neglected some of her other issues.

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7 years 5 months ago #171710 by Gordon

Deb_Chez wrote: The dwp were asked to supply the HP with all the medical reports that they held on file. They didnt all the HP had was the pip consultation report from 2013 and the doctors letter. because the medical conditions are on going and will not change these reports still have grounding but the hp never had them. can i use them as arguments please as her cancer has taken priority she has neglected some of her other issues.


It's an issue that you should raise, but will not in itself result in the Decision being revised, the most likely outcome from showing that the assessment was not fit for purpose is that a new one will be ordered.

Gordon

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

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