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Pip Award - help with activity scoring please

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7 years 5 months ago #172162 by Esme
Hi,

I have today been awarded std rate for Pip (9 points). I was previously getting full rate on DLA.

Reading through the scores my husband who was with me when the Dr came to assess me at home are confused and I are confused.
For washing and bathing we advised DWP and the Atos Dr that my husband has to help me to get a bath, due to pain and fatigue from fribromyalgia and CFS. I have limited mobility, can't wash back, hair etc and can't be left alone as I have in the past fallen asleep due to fatigue.The report says 2 points, you need an aid or appliance to waste or bathe.

For dressing and undressing we advised DWP and Atos Dr that my husband has to help dress me, as I find it very painful. Can't lift arms, muscle weakness etc.
The report says 2 points, you need to use an aid or appliance to dress and undress.

Making budgeting decisions 0 points awarded , it says you can manage complex budgeting decisions unaided. We advised DWP and Atos dr that my husband has to manage budgets etc as I don't do this as my short term memory is really bad.

They are also,saying that I don't have general memory or concentration problems even though my husband had recall information for the Atos Dr and because I am not receiving specialist mental input it seems they are doubting my mental health issues.
I had to be seen by a psych counsellor on an A/E ward last Summer, saw a psychos therapist dr who basically just told me to,buy a book on mindfulness before discharging me. I have had counselling in the past, but was told that I could only have 6 sessions. I am on antidepressants but my husband advised Atos Dr that I had have feelings of being suicidal, which is true.

I broke down crying during my assessment and got quite distressed, but still the repose says that I did not appear anxious.

Do I write back and challenge these remarks?

I don't understand how they came to some of the conclusions.

Thank you for reading.

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7 years 5 months ago #172182 by Gordon
Esme

Playing Devil's Advocate, would you be able to wash and dress if you had suitable aids to assist you? If not, why not?

You need to be able to complete the activities "reliably" and "on the majority of days", see the PIP Claim guide for detailed explanations.

If you can show that you cannot use aids for these activities and that you cannot complete them reliably and on the majority of days then you should consider challenging the Decision but be aware, they can also remove points, it doesn't happen very often, but it does happen.

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.

Gordon

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

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7 years 5 months ago #172186 by Esme
Hi Gordon,
I am in pain all over, lifting arms, legs etc just increases pain. Husband has to help me get into bath due to muscle weakness/pain and washes my back and hair. He also stays with me as in the past I have fallen asleep due to CFS and effects of pain medication (drowsiness).
Is the report from DWP saying that in their opinion I could do these with aids and this is why they have scored in this way?

Thank you
Dawn

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7 years 5 months ago #172187 by Gordon

Esme wrote: Hi Gordon,
I am in pain all over, lifting arms, legs etc just increases pain. Husband has to help me get into bath due to muscle weakness/pain and washes my back and hair. He also stays with me as in the past I have fallen asleep due to CFS and effects of pain medication (drowsiness).
Is the report from DWP saying that in their opinion I could do these with aids and this is why they have scored in this way?

Thank you
Dawn


If you haven't explained why you cannot use suitable aids then they most certainly will have assumed that you can.

Gordon

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

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7 years 5 months ago #172191 by Esme
I put all of this information on my PIP claim form and told the Dr from Atos who came to see me at home.
That's what I don't understand. The same for memory and my mental state. if I go anywhere even to my Drs I have to take a written list. I couldn't remember things when Atos Dr was talking to me. My husband had to answer. As for mental state, I do suffer and couldn't cope with the assessment because my conditions affect me so much.

Did the same yesterday, went in for surgery and anaesthetist asked about Fibro and CFS...broke down crying..again.

Will have a chat with my husband.
Thank you

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7 years 4 months ago #174439 by Esme
Received a copy of my MA report. Quite a few contradictions including quote ""Power in right fist grip reduced", Right thumb-finger pinch grip weak" but in activity descriptors " adequate grip to the right hand".

Lots of copying and pasting about "No specialist mental health input" even though I advised that I had been seen a by a neuropsychiatrist a few months ago and am on medication. No mention also of currently waiting to be seen by a specialist mental health team for counselling, plus an increase in medication. Lots of other incorrect remarks. husband is drafting a response.

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