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Need some URGENT PIP advice please

  • Angelina
  • Topic Author
9 years 8 months ago #139538 by Angelina
Need some URGENT PIP advice please was created by Angelina
Hi

I have a rare condition, I have a copy of my medical report, there seem to be some inconsistencies and falsehoods and having read the latest DWP PIP assessment Guidelines 28/7/2015, I do not believe they have been followed correctly. I have been awarded Daily Living standard and I am happy with that.

I took someone with me to the assessment, but it was not recorded.


I have an issue with the mobility component. I was awarded 4 points for moving around (descriptor b). She states 'The reported difficulties are inconsistent. However during the interview was observed some breathlessness and that she has a slow pace. She says in her functional history that she needs to stop every 2 minutes for a break. It is medically likely that she can perform this activity up to 200 metres repeatedly. (Note: I informed her that I had just taken meds as I was feeling unwell, and had to ask her to turn down the lights - this she did but did not mention it on the report.)

I was awarded nothing for activity 11 - Planning and following a journey.

Medical says - The reported difficulties are inconsistent. She has no cognitive impairments reported, she does manage to plan a journey by herself, as stated in her functional history. She mentioned as well, that sometimes she can go to her GP by herself, which is a 25 minute walk for her, in he pace and including breaks. It is medically likely that she can perform this activity reliably.

She has not mentioned about me following the route and she has not mentioned that walking to the GP should take 10 minutes - and she was told this at the assessment, it takes me over twice that time, so I cannot do this in a timely manner. I most certainly cannot do this repeatedly either.

The medical report states that my BP is uncontrolled.

I have Autonomic Hypersensitivity (my nervous system was damaged after blood poisoning) which has given me secondary hypertension. The only medication that has any affect is clonidine, and this does not always work. Any over stimulation, noise, bright lights, excitement, stress etc can set off an episode which can and has led to hypertensive crisis and emergency over night stays in hospital. I feel very ill if I have a severe episode and have to immediately take meds and lie down (even outside if I have to). If I cannot do this my BP just continues to rise. I have to adjust my medication according to my BP so I have to use a BP monitor. If I take too little I can have a hypertensive crisis, too much and my BP could fall too low and I am at risk of passing out or worse.

She mentions my BP monitor, but I did not score anything for activity 3. I feel that descriptor B would be more appropriate.

I have submitted a letter from my doctor which clearly states I am at high risk of emergency hospital admissions, and the importance of maintaining good control of my BP and that the I am adjusting my medication as required on the recommendation of the endocrinology team.
Depending on the severity of her symptoms these have required hospital admission and further investigations. I cannot use public transport, and the assessment provider gave me permission to get a taxi to the assessment and reimbursed me the cost.

I told her that I get a taxis so that there is someone there (the driver) in the event something should happen. I also told her I will always try to have someone with me when I have to go out (this is usually a neighbour) there is no one else, and that walking to the doctors, at least there is a medic at the other end should I have a problem.

As I cannot use public transport - am I right in saying - according to Dwp guidelines if a person cannot take public transport they should be considered to be unable to follow the route of an unfamiliar journey without another person - giving me 10 points.

Sorry for the length - I look forward to your response -

ps I have requested a mandatory reconsideration and I am in the process of putting in a complaint to Atos regarding the report as soon as I receive their Complaints paperwork that I have requested.

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9 years 8 months ago - 9 years 8 months ago #139551 by Gordon
Replied by Gordon on topic Need some URGENT PIP advice please
Angelina

I'm sorry to hear that you are not happy with your mobility award.

Tackling the Going Out Descriptor first, this is primarily a test of a claimants mental and/or cognitive capacity (there are exceptions but none seem to apply), to plan and follow a route to a familiar or unfamiliar place. Any physical problems that you have doing these activities is excluded from consideration as it is covered in the Moving Around Descriptor.

You have not posted any difficulties in planning a route and your problems with mobility seem to be physical so I would not expect you to score points in this section based on what you have written.

I suspect that the 4 points you scored for Moving Around are tied to your being able to walk two minutes before having to stop, someone walking slowly would like cover 50m in this time meaning that you would assumed to be able to walk 50m-200m.

You will need explain your problems with walking in more detail, for example your post does not explain how long you have to stop for before you can walk again. You will need to document your speed of walking and far you can walk in the two minutes, how long the break is and why you need to stop.

You don't mention whether you are always effected or whether your condition varies but you must be able to walk these distance reliably (see The PIP Claims Guide. (2nd Link on page) ) and on the majority of days.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 8 months ago by . Reason: added link to PIP Guide

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  • Angelina
  • Topic Author
9 years 8 months ago #139561 by Angelina
Replied by Angelina on topic Need some URGENT PIP advice please
Hi Gordon thanks for the reply.

According to the latest DWP PIP assessment guidlines dated 28th July 2015

Here is the extract (At the bottom it says environmental factors such as noise can be taken into account also within a reasonable time - no more than twice as long as a normal non disabled person) - as stated previously my trip to the doctor would take a normal person 10 minutes - it takes me 25 - the assessor mentions the 25 minutes but did not state the 10 minutes I had told her - this 25 minutes includes breaks.

Activity 11 – Planning and following journeys
This activity considers a claimant’s ability to plan and follow the route of a journey.
As with all the other activities, a claimant is to be assessed as satisfying a
descriptor only if the reliability criteria are also considered. The claimant must be
able to undertake the activity:
• safely (in a manner unlikely to cause harm to the claimant or to another,
either during or after completion of the activity);
• to an acceptable standard;
• repeatedly (as often as the activity being assessed is reasonably
required to be completed); and
• within a reasonable time period (no more than twice as long as the
maximum period that a person without a physical or mental condition
which limits that person’s ability to carry out the activity in question
would normally take to complete that activity).
Notes:
This activity was designed to assess the barriers claimants may face that are
associated with mental, cognitive or sensory ability.
Journey means a local journey, whether familiar or unfamiliar.
Environmental factors may be considered if they prevent the claimant from reliably
completing a journey, for example being unable to cope with crowds or loud noises.
NB: in legislation, this activity is referred to as Mobility Activity 1.

Thanks I await your comments

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  • Angelina
  • Topic Author
9 years 8 months ago #139565 by Angelina
Replied by Angelina on topic Need some URGENT PIP advice please
Hi again Gordon,

Sorry, I should explain. Noise, bright lights, stress, over excitement in fact anything over stimulating can set off an attack. It is extremely variable and unpredictable. Episodes can last from 30 minutes to 5 plus hours. My BP shoots up to very dangerous levels within seconds, and I can have severe symptoms, retching, pale, mottled arms (where my blood vessels are constricting due to excessive noradrenaline release), chest pain, shortness of breath, vomiting, trembling, this in turn ramps up my pulse and BP - last major episode 240/140 pulse 140. and this put me in hospital for a week because they could not get my BP down.

I am in serious danger of a hypertensive crisis, as the clonidine will reduce my BP if I lie down, if I do not lie down immediately away from stimulation then my BP will keep escalating and I will end up in hospital.

Also to make matters worse I have a rare blood disorder, haemophillia C, my blood does not clot normally, and I cannot take Asprin or anti-inflammatory drugs as they make the blood clot even less. So if I have an attack I am at serious risk of a stroke. I put myself at risk everytime I get up every day.

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9 years 8 months ago #139567 by Gordon
Replied by Gordon on topic Need some URGENT PIP advice please
Angelina

I do understand your point of view and you can certainly make the arguments that you include in your post, but your starting point must be the Descriptors (which are the law) and not the guidance which is not.

a. Can plan and follow the route of a journey unaided. 0 points.
b. Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant. 4 points.
c. Cannot plan the route of a journey. 8 points.
d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid. 10 points.
e. Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant. 10 points.
f. Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points.

Looking at these (ignoring (a))

(b) you haven't posted any requirement for prompting and you haven't indicated that you would suffer "overwhelming psychological distress"

(c) You appear to have no problems planning a route

(e) you haven't indicated that you would suffer "overwhelming psychological distress"

This leaves (d) and (f). There are already significant problems with claimants meeting the requirements for these two Descriptors (see the PIP Claim guide for an explanation).

Sensory ability is considered to apply to claimants who are blind or deaf.

To be clear, I am not saying that you cannot argue these points, but based on the Decisions we have seen in the forum I still think it unlikely that that you will score points in this section, at the very least you need to hedge your bets by arguing that you should be classed as being unable to reliably walk more than 50m on the majority of days.

Gordon

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