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PIP APPEAL
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8 years 4 months ago #146154 by Bel
PIP APPEAL was created by Bel
Hi all,
I have been in receipt of D.L.A. high rate mobility and middle rate care, for 6 years and I have now received my PIP decision after a face to face assessment.
I have been awarded standard rate for both which means now I will lose my mobility car because it was not at the enhanced rate.
I phoned yesterday to say that I want a mandatory reconsideration as there were some points in my decision letter that I didn't agree with.
I now received my phone call and told the decision maker that l did not have a copy of the assessors report. So they are going to send me a copy and call me back next week.
My disabilities are Type 2 Diabetes Fibromyalgia Osteo Arthritis Carpal Tunnel Syndrome problems with a slipped disc, depression and Anxiety and also Arthritis in my ankle due to a break in 3 places in 2006 because of a fall.
At my assessment I told them I am not able to prepare or cook a simple meal due to my chronic fatigue and Pain in lower back and wrists as I am not able to peel or chop any vegetables or use the cooker to lift pans in and out of the oven as I am anxious about burning myself or others and dropping things.
At the assessment I stated that my daughter was my young carer and that she sorts my medication into a 7 day pill box and sets up alarms to remind my son throughout the day to get me something to eat and to take my tablets, my painkillers and monitor my sugar levels because of the chronic fatigue and fibro fog l often forget. But l was awarded 0 points and it stated l was able to manage medication and monitor my own condition unaided. But l do need prompting and reminded.
My Agoraphobic son helps me when my daughter is at college to help me with my medication and dressing and also my bathing.
In the dressing and undressing question I scored 2 points saying I need to use an aid or appliance but this is untrue as I need assistance from another person to dress/undress. Washing and bathing I scored 3 saying I need assistance from another person.
I scored 10 points total for mobility component saying that I can stand and move using an aid or appliance for 20 meters but no more than 50. I do use 2 walking sticks to help me get about. When out l do need someone with me at all times because of my anxiety and get very anxious about talking to strangers, and then need help to get back to my car where l feel safe.
The planning and following a journey question I scored 0 as they said I can plan and follow a route of a journey unaided. Which is untrue as I need someone with me at all times due to my anxiety and panic attacks. If there was a diversion, accident and the route changed l would panic.
Any help you could give me would be very much appreciated.
,
I have been in receipt of D.L.A. high rate mobility and middle rate care, for 6 years and I have now received my PIP decision after a face to face assessment.
I have been awarded standard rate for both which means now I will lose my mobility car because it was not at the enhanced rate.
I phoned yesterday to say that I want a mandatory reconsideration as there were some points in my decision letter that I didn't agree with.
I now received my phone call and told the decision maker that l did not have a copy of the assessors report. So they are going to send me a copy and call me back next week.
My disabilities are Type 2 Diabetes Fibromyalgia Osteo Arthritis Carpal Tunnel Syndrome problems with a slipped disc, depression and Anxiety and also Arthritis in my ankle due to a break in 3 places in 2006 because of a fall.
At my assessment I told them I am not able to prepare or cook a simple meal due to my chronic fatigue and Pain in lower back and wrists as I am not able to peel or chop any vegetables or use the cooker to lift pans in and out of the oven as I am anxious about burning myself or others and dropping things.
At the assessment I stated that my daughter was my young carer and that she sorts my medication into a 7 day pill box and sets up alarms to remind my son throughout the day to get me something to eat and to take my tablets, my painkillers and monitor my sugar levels because of the chronic fatigue and fibro fog l often forget. But l was awarded 0 points and it stated l was able to manage medication and monitor my own condition unaided. But l do need prompting and reminded.
My Agoraphobic son helps me when my daughter is at college to help me with my medication and dressing and also my bathing.
In the dressing and undressing question I scored 2 points saying I need to use an aid or appliance but this is untrue as I need assistance from another person to dress/undress. Washing and bathing I scored 3 saying I need assistance from another person.
I scored 10 points total for mobility component saying that I can stand and move using an aid or appliance for 20 meters but no more than 50. I do use 2 walking sticks to help me get about. When out l do need someone with me at all times because of my anxiety and get very anxious about talking to strangers, and then need help to get back to my car where l feel safe.
The planning and following a journey question I scored 0 as they said I can plan and follow a route of a journey unaided. Which is untrue as I need someone with me at all times due to my anxiety and panic attacks. If there was a diversion, accident and the route changed l would panic.
Any help you could give me would be very much appreciated.
,
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8 years 4 months ago #146161 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP APPEAL
Bel
Welcome to the forum.
If you are unhappy with your award then the only way forward is for you to challenge the Decision.
The first stage to doing this 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 and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
Although the DM has said they will send the assessment report I would make a separate request, 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
Welcome to the forum.
If you are unhappy with your award then the only way forward is for you to challenge the Decision.
The first stage to doing this 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 and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
Although the DM has said they will send the assessment report I would make a separate request, 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
The following user(s) said Thank You: Bel
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8 years 4 months ago #146326 by Bel
Replied by Bel on topic PIP APPEAL
Hi,
I have now received the HP assessment today. My HP was a nurse and keeps going on in her report about me driving a manual car that has no adaptions, and saying about my upper body strength is stronger than what it is. My daughter is my young carer and helps me with dressing and undressing as l am not able to physically lift the clothes over my head and to dress my lower body. She also sorts my medication out into a 7 day pill box and sets alarms to remind my son to give them to me when she is at College. She also helps me with washing, bathing and doing my hair.
In the report it states that l can use a aid or appliance to prepare and cook a simple meal, this is untrue due to my fibromyalgia osteoarthritis and chronic pain and fatigue. I cannot physically lift anything out of the oven or bend down. I am not able to chop and peel any vegetables as l also have carpal tunnel syndrome. Also taking my painkillers and diazepam makes me light headed and dizzy . So l would be a danger to myself and anyone else near me.
I believe the descriptor for this should have been 1F and not 1B
She stated that l drank water a from a cup, ( which was a little plastic cup) then l signed a form for her. So this demonstrated adequate grip and dexterity.
Taking Nutrition, the HP scored me 2A, saying about me holding a pen and drinking from a cup and driving a manual car
.
I believe it should have been 2D as l need prompting and reminded to eat because again through the pain and chronic fatigue strong painkillers l would just sleep which could lead to lower blood sugar levels and as l am Type 2 diabetic would be dangerous.
Planning and following Journeys the HP scored me no points.
But when looking back on my application form l had ticked the wrong box.
But l need someone with me all the times because of anxiety and panic attacks and even going to see family members l need someone with me in the car, because if there was a diversion or accident and had to change the route l would get very anxious and start to panic. But looking at the descriptors not sure which one l come under.
Any help you could give me would be very much appreciated as l am waiting for the DM to call me back any time and l am going to ask for a MR.
Thanks
I have now received the HP assessment today. My HP was a nurse and keeps going on in her report about me driving a manual car that has no adaptions, and saying about my upper body strength is stronger than what it is. My daughter is my young carer and helps me with dressing and undressing as l am not able to physically lift the clothes over my head and to dress my lower body. She also sorts my medication out into a 7 day pill box and sets alarms to remind my son to give them to me when she is at College. She also helps me with washing, bathing and doing my hair.
In the report it states that l can use a aid or appliance to prepare and cook a simple meal, this is untrue due to my fibromyalgia osteoarthritis and chronic pain and fatigue. I cannot physically lift anything out of the oven or bend down. I am not able to chop and peel any vegetables as l also have carpal tunnel syndrome. Also taking my painkillers and diazepam makes me light headed and dizzy . So l would be a danger to myself and anyone else near me.
I believe the descriptor for this should have been 1F and not 1B
She stated that l drank water a from a cup, ( which was a little plastic cup) then l signed a form for her. So this demonstrated adequate grip and dexterity.
Taking Nutrition, the HP scored me 2A, saying about me holding a pen and drinking from a cup and driving a manual car
.
I believe it should have been 2D as l need prompting and reminded to eat because again through the pain and chronic fatigue strong painkillers l would just sleep which could lead to lower blood sugar levels and as l am Type 2 diabetic would be dangerous.
Planning and following Journeys the HP scored me no points.
But when looking back on my application form l had ticked the wrong box.
But l need someone with me all the times because of anxiety and panic attacks and even going to see family members l need someone with me in the car, because if there was a diversion or accident and had to change the route l would get very anxious and start to panic. But looking at the descriptors not sure which one l come under.
Any help you could give me would be very much appreciated as l am waiting for the DM to call me back any time and l am going to ask for a MR.
Thanks
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- Gordon
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8 years 4 months ago #146338 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP APPEAL
Bel
If you are hoping to met 1F; Cannot prepare and cook foo, you are at the least going to need to show why even with supervision or assistance you cannot do so. The test is for meals cooked on the hob so any problems you have bending to an oven are unlikely to be considered, also you would need to explain why using a microwave oven would simplify the process for you.
For 2D and prompting you will need to explain why a suitable alarm would be insufficient, can you give examples from the recent past where you have not received prompting and what happened.
If you need prompting to eat because of tiredness then this would suggest that you would also have problems with Managing Treatments.
With regard to your Planning and Following a route, you may struggle to score if you cannot show a mental health problem such as Agoraphobia or Social Anxiety or cognitive impairment due to your tablets, have your doctors commented this at all?
Gordon
If you are hoping to met 1F; Cannot prepare and cook foo, you are at the least going to need to show why even with supervision or assistance you cannot do so. The test is for meals cooked on the hob so any problems you have bending to an oven are unlikely to be considered, also you would need to explain why using a microwave oven would simplify the process for you.
For 2D and prompting you will need to explain why a suitable alarm would be insufficient, can you give examples from the recent past where you have not received prompting and what happened.
If you need prompting to eat because of tiredness then this would suggest that you would also have problems with Managing Treatments.
With regard to your Planning and Following a route, you may struggle to score if you cannot show a mental health problem such as Agoraphobia or Social Anxiety or cognitive impairment due to your tablets, have your doctors commented this at all?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 4 months ago #146360 by Bel
Replied by Bel on topic PIP APPEAL
Hi Gordon,
Thank you for getting back to me.
I am so confused what to say and how to say anything.
I also meant to say in my last post that my GP has have written me 2 letter's supporting my claim for PIP. He has said in the letter how my daughter and son help me. That they do all the cooking, and also how l am suffering with severe depression and anxiety.
I am not sure what you meant about the microwave?
I have in the past missed out meals as l had fell asleep and not heard the alarm which made my sugar levels drop and l felt quite ill. It made me shake my heart start pounding and feel physically sick. It then took the rest of the day to get myself back to feeling normal.
So this is why my son and daughter always make sure l eat at regular intervals.
Engaging with others face to face
I got 9,B, needs prompting to be able to engage with other people.
"Her difficulty with managing this activity is consistent with her diagnosis of Depression and her medication for mental health. She reports having contact with family though is anxious with new people. At assessment she appeared tense and attended with her son's friend.
She provided a detailed medical history and remained focused, though would need prompting due to anxiety to manage this activity reliably".
Also another reason why l need someone to supervise me with my medication.
I got confused on the form about planning journeys as l thought it was mostly to do with blind people as it went on about a white stick or guide dog. But l do need someone with me because of severe anxiety. As mentioned above.
Without me getting the enhanced rate mobility this means l would now lose my car, which would make it even harder to go out as l would not be able to use public transport due to my anxiety.
Any more help you can give me please. Sorry to be a nuisance.
Bel
Thank you for getting back to me.
I am so confused what to say and how to say anything.
I also meant to say in my last post that my GP has have written me 2 letter's supporting my claim for PIP. He has said in the letter how my daughter and son help me. That they do all the cooking, and also how l am suffering with severe depression and anxiety.
I am not sure what you meant about the microwave?
I have in the past missed out meals as l had fell asleep and not heard the alarm which made my sugar levels drop and l felt quite ill. It made me shake my heart start pounding and feel physically sick. It then took the rest of the day to get myself back to feeling normal.
So this is why my son and daughter always make sure l eat at regular intervals.
Engaging with others face to face
I got 9,B, needs prompting to be able to engage with other people.
"Her difficulty with managing this activity is consistent with her diagnosis of Depression and her medication for mental health. She reports having contact with family though is anxious with new people. At assessment she appeared tense and attended with her son's friend.
She provided a detailed medical history and remained focused, though would need prompting due to anxiety to manage this activity reliably".
Also another reason why l need someone to supervise me with my medication.
I got confused on the form about planning journeys as l thought it was mostly to do with blind people as it went on about a white stick or guide dog. But l do need someone with me because of severe anxiety. As mentioned above.
Without me getting the enhanced rate mobility this means l would now lose my car, which would make it even harder to go out as l would not be able to use public transport due to my anxiety.
Any more help you can give me please. Sorry to be a nuisance.
Bel
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8 years 4 months ago #146379 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP APPEAL
Bel
We can't give individual advice on the forum not least because we have no sight of your forms and other papers, so you are going to have to work these things out for yourself as best you can, but we can explain and inform as best we can.
The cooking test looks at whether you could use a microwave as a replacement for your cooking on the hob. If you don't have one then you should argue that it is unreasonable for this usage to be considered, although the price of a microwave is now relatively low you can argue that it is still more than someone supported by benefits can afford.
If you have a microwave then you need to explain why you cannot use one.
You say that your daughter and son do all the cooking, you still need to explain (if you haven't already), why you cannot cook yourself, even with the use of aids that would in principle, make it easier for you. You will not score points for things that you do not do, only those that you cannot do.
Do you live with your son and daughter? If not how do they make sure that you eat regularly?
It is important to understand that PIP is awarded because the claimant meets specific criteria, you won't score more points by showing that your conditions are worse than those covered by the points you have actually received. The Mixing with Other People activity is a good example of this. You have been assessed as needing prompting, to score more points you need to show that you need "social support" (4 points) or that you would suffer overwhelming psychological distress or there would be a risk of harm to you or others (8 points). If you can't show that you meet these specific requirements you will not score more points in this activity.
Mobility is award from points from two activities, Going Out and Moving Around, the first covers claimants with mental health, cognitive or sensory issues that would limit their ability to plan and follow a route. The second is concerned with how far you can walk.
You don't mention any problems with walking, so if you are hoping to get the Enhanced rate for Mobility then you will need to show that you "cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid". Forgive me, but nothing you have posted so far would suggest that you meet this criteria.
Gordon
We can't give individual advice on the forum not least because we have no sight of your forms and other papers, so you are going to have to work these things out for yourself as best you can, but we can explain and inform as best we can.
The cooking test looks at whether you could use a microwave as a replacement for your cooking on the hob. If you don't have one then you should argue that it is unreasonable for this usage to be considered, although the price of a microwave is now relatively low you can argue that it is still more than someone supported by benefits can afford.
If you have a microwave then you need to explain why you cannot use one.
You say that your daughter and son do all the cooking, you still need to explain (if you haven't already), why you cannot cook yourself, even with the use of aids that would in principle, make it easier for you. You will not score points for things that you do not do, only those that you cannot do.
Do you live with your son and daughter? If not how do they make sure that you eat regularly?
It is important to understand that PIP is awarded because the claimant meets specific criteria, you won't score more points by showing that your conditions are worse than those covered by the points you have actually received. The Mixing with Other People activity is a good example of this. You have been assessed as needing prompting, to score more points you need to show that you need "social support" (4 points) or that you would suffer overwhelming psychological distress or there would be a risk of harm to you or others (8 points). If you can't show that you meet these specific requirements you will not score more points in this activity.
Mobility is award from points from two activities, Going Out and Moving Around, the first covers claimants with mental health, cognitive or sensory issues that would limit their ability to plan and follow a route. The second is concerned with how far you can walk.
You don't mention any problems with walking, so if you are hoping to get the Enhanced rate for Mobility then you will need to show that you "cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid". Forgive me, but nothing you have posted so far would suggest that you meet this criteria.
Gordon
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