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7 years 9 months ago #162924 by lesjo
Replied by lesjo on topic pip
I have now had the decision and have been awarded std rate for both till 2020, I have lost my free car tax and £20 per month so not too bad a result all things considered, and better than some of the stories I have read. I really do not know whether to ask for a reconsideration as I dont want to rock the boat and end up losing anything. I do have some concerns with the assessment where the assessor has written that I have been crushed (I wasn't) and she did not include all the medical evidence I sent and there are scan results missing from the report and the most important one shows damage to my spine and spinal cord in my neck,also she states I said I dressed myself on the day of assesment,( I didn't) and hasnt included the fact (which I asked for her to do) that the assessment was early in the day, and as I have a progressive problem which worstens through the day, I wasn't at my worst. I wonder why you say to be cautious with not doing a task because I cant, my family and partner do it for me for this very reason. Am I correct to assume preparing and cooking food relates to a sunday dinner type of meal which I cannot prepare the veg/potatoes due to dexterity problems and I cannot stand for more that 5 minutes without getting pain which just progresses till I sit or lay down to allow it to ease.

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7 years 9 months ago #162991 by Gordon
Replied by Gordon on topic pip
lesjo

First to pick up on some of the things you have queried.

I urged caution about when talking about activities that you do not do because it is easy for those assessing you to assume that this is a matter of choice, you will not score points for these unless you show that you cannot do them and why.

The Preparing Food activity looks at your ability to prepare a cook a simple meal, it most certainly is not a Sunday lunch and only considers your difficulties working at worktop height, so a hob is considered but not an oven even if at eye level.

If you are not happy with the Decision then you need to consider two things. how secure is your current award. whilst it would be unusual for you to lose points if you request a Mandatory Reconsideration in none the less happens. If you only score the 8 points required for a Standard award, you might want to be more hesitant than if you have scored more.

Secondly, how likely are you to score the extra points needed for an enhanced award?, you will need to make sure that you understand the PIP Descriptors fully to do this, many of the activities do not just score more points for increased difficulties they often include extra elements that need to be addressed.

If you do want to challenge the Decision then 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
The following user(s) said Thank You: lesjo

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7 years 9 months ago #163476 by lesjo
Replied by lesjo on topic pip
Thanks Gordon,
The award is actually for 3 years 11 months, and since having the decision I've been in a tizz thinking about the decision, and at a point where I have made the decision to ask for a mandatory reconsideration. I feel they have underscored my help with personal care, I have 10 points in this regard 2 for all descriptors except the managing treatments, mixing with people and budgeting for which I had 0 points, I feel I deserve at least a further 4 or more in this part of the assessment. I'm not 100% sure with the mobility as I have been awarded 8 points and whilst I can satisfy this descriptor there are times when I cannot.
Any way I have the following as my request, could you kindly read it and let me know if I am on the right track.
Following the report from the face to face assesment regarding PIP, I would like to point out a few descrepancies in the report, which I feel have been misunderstood by my asessor. I would also like to point out that the assessment took place in the morning and I had asked her to include this in the report as I get worse as the day goes on.
The assessor hasnt fully included the medical evidence I had sent and referenced 1-20. I assume that you have it with my claim for pip so I wont list here again.
Another mis-communication is that I was not crushed under a roller, I was on a large gantry which slipped from the quay wall onto a ship as I was boarding, The gantry had a roller on it (maybe this is where the misunderstanding has arisen) so it was able to move back and forth with the tide. but it didnt crush me. It left the quay wall and came down hard onto the deck of the ship with me on it, so the accident was not a crushing one but I'm informed it was more like a parachuting type accident.
I also feel there has been a miscommunication on page 3 as I stated to the asessor that I use the speakerphone facility to communicate on the phone so I dont have to hold it up to my ear, and I record all phone calls relating to my work which allows me to go back and listen at a later time, So even if I have been really rough I can catch up when I feel a bit better. also, it states that I do not drink alcohol I do drink alcohol but not often. I had some wine possibly 2 glasses over the weekend, but as its in a non spill sports type container I didn't measure it. My partner drank the rest.
Preparing food. I do make tea but its from a hot water dispenser where you press a button to get hot water as I am too worried about picking up a hot kettle due to dexterity problems as I tend to drop things a lot which makes picking up anything with a hot liqiud inside unsafe for me to do. I only have one tea in the morning as it upsets my bladder problem. Then for the rest of the day I only drink squash which is from a non spill sports type container with a flip top and internal straw. I was using this during the face to face consultation. I feel here that I have been placed in the wrong catagory with the activity preparing food as I cannot cook a simple meal of vegetables, potato and meat. Firstly I feel I need to make you aware that I cannot stand up for more than a few minutes at the hob due to discomfort which only gets worse the longer I keep standing. I also cannot pick up a filled saucepan, as I have a tendancy to drop things and a saucepan with hot liquid in is dangerous for me to try and move about. This has been consistant from the time of my injury in 1997. Since my degredation with the problems in my neck where there are bones touching my spinal cord, I now find it very difficult to cut or peel vegetables due to the dexterity problems with my hands due to the nerve problems in my neck, whenever I have tried to peel or cut vegetables I have on times, cut myself. Also, the item I'm cutting can shoot out of my hands and onto the floor and so I have ruined many meals in this mannor. My mother, sister or partner now tend to make me pre-cooked food to freeze as they know the problem I have with preparing and then cooking for for myself due to the problems with standing, lifting hot saucepans and the dexterity problems with my hands. my partner now does "batch cooking" So, all I have to do is pop a preprepared meal in the microwave, which would be on for around 10 mins or so, so I go and either sit or lie down whilst its on untill it has finished and bleeps at me. With this descriptor the asessor has ticked B. I absolutely fail to see what appropriate aid I could use to prepare a simple meal from the assessors findings here, as even descriptor E would mean that someone would have to peel and cut the food and someone else actually cooks the food as well as I cant do it for myself safely or efficiantly . I believe Descriptor F would be the most appropriate for this descriptor.
I agree with the assesors choice of descriptors for the following activities taking nutrition and manageing therapy.
With washing and bathing activity, I feel the descriptor that best describes this would be D and sometimes even F as although I have a thing to rub my foot against, its not the best way to wash my feet, so if I want a decent wash IE; between toes and the soles of my feet etc then I would definately need to have assistance. Also there are times when I cannot wash my hair, shoulders and waist and need assistance dependent on the severity of my condition at the time. My partner helps me have a proper shower once a week, I only shower one other time in the week where I try to be independent and do it for myself, but dont feel as clean as when I have assistance.
Managing toilet needs activity I feel maybe should be descriptor D as on my worst days, I need assistance to get on or off the loo as when in this state I literally cannot even get to the toilet on my own and need assistance with getting there, and sometimes during these bad days I cannot even wipe myself which I find really embarrassing and demeaning to say the least. I have to use the wall/sink or radiator in the downstairs loo to assist with getting up or down as there is no room for a handle to be installed. However, upstairs there is a handle to assist with getting up and down. I told the assesor this during the face to face as well as needing help ocassionally with wiping for around which I estimate to be around 15 times during the last year. I do not like to have this done and prefer to do it myself at my own detriment.
Dressing and undressing I did not say I dressed myself as written in the assesors report. I needed help with putting on my underwear and shorts as I would do any other day. I did say that I put my t-shirt on myself that morning. I specifically wore very loose fitting clothes for the assesment as I would need to remove my top during the medical. I would say here that I either fit descriptor D or maybe even descriptor E as some nights I require assistance to undress myself fully, I estimate this evening help to undress my top half at least 2 evenings during the week and in the morning I usually just need help with dressing my lower half.
I agree with the assesors choice of descriptor for the following activities communicating verbally, reading and understanding signs, engaging with others, budgeting decisions and planning a journey.
Moving around. Whilst I can see the assessors logic here with the descriptor C. I feel that it should be pointed out that the assessor used a good day to base her decision on, I have problems with getting up to stand let alone walk and I need to use furniture and walls to traverse around my home. I always walk slowly and most days I can only walk for up to 20 meters around my home so for the majority of thre time I feel Descriptor E would be a more suitable choice as I feel that I could not do this repeatedly and in a timely manner.

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7 years 9 months ago #163493 by Gordon
Replied by Gordon on topic pip
lesjo

We can't give detailed advice on the forum but I'll try an d give some general comments.

You've mentioned several times about the "crush" versus "parachute" injury, I'm afraid I don't understand the relevance as you do not relate this issue to your limitations.

In a similar vein, I don't understand the relevance of the "miscommunication".

Although you talk about some of the issues you have with the activities and why, your answer tend to be general and you fail to show why an aid would not improve your ability to complete the activity. Apologies if you did this in your PIP2.

For example; in preparing food you talk about being unable to lift a pan of hot water, I would expect the DM to argue that there is no need for you to do this, you could fill the pan while it is on the hob using a cup or similar, when the food is cooked you could use a slotted spoon to remove the food onto a plate. You say that you cannot stand at a hob, there is no need for you to do this, you could use a perching stool.

Again using Preparing Food as an example; if you want to score four points for this activity you need to show that you need "supervision or assistance to either prepare or cook a simple meal", I don't think you have done this.

To cover all the bases I would suggest that you follow the formula suggested in the Claim guide for answering the questions, that way there will be a structure to your answers and you will be prompted to think about all of the issues.

Also make sure that you clearly understand the criteria for the higher point descriptors, it is not always a question of just reduce capability as the points increase, often additional functionality is tested.

Gordon

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

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7 years 9 months ago #163499 by lesjo
Replied by lesjo on topic pip
Hi Gordon,
The actual assessor has written in her report that the accident I had to begin my claim in 1997 was that I was crushed under a roller, but that was not the case and not what I told her during the f-f assessment. I would class this as a miscommunication or a misunderstanding on the part of the assessor. where she has plainly written something wrong, I take it the other bits were ok in your view but I feel I cannot stand even with a perching chair as it is my heels that get painfull and then my lower back and works its way up to my neck within minutes, but I take your view so maybe I wouldnt score pionts do you think that the fack I cannot hold a vegetable to cut or peel would be sufficiant to get extra points? PS I'll have a look at the guides again to get a better understanding of the criteria, but from what you have said they probably have scored me fairly.

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7 years 9 months ago #163503 by Gordon
Replied by Gordon on topic pip

lesjo wrote: Hi Gordon,
The actual assessor has written in her report that the accident I had to begin my claim in 1997 was that I was crushed under a roller, but that was not the case and not what I told her during the f-f assessment. I would class this as a miscommunication or a misunderstanding on the part of the assessor. where she has plainly written something wrong, I take it the other bits were ok in your view but I feel I cannot stand even with a perching chair as it is my heels that get painfull and then my lower back and works its way up to my neck within minutes, but I take your view so maybe I wouldnt score pionts do you think that the fack I cannot hold a vegetable to cut or peel would be sufficiant to get extra points? PS I'll have a look at the guides again to get a better understanding of the criteria, but from what you have said they probably have scored me fairly.


I understand the difference in the accident, but why is it relevant? Does it mean that you have a different set of problems from the "parachute" injury than you would have from a "crush" one and if this is the case why is it relevant to your abilities to complete the activities.

My post is intended to make you fill in the gaps in your answers, so you say that a perching stool would not help, that's good, include this in your answer and explain how your feet would be affected by using one and why this would prevent one's use.

This is all about dotting the "I"s and crossing the "T"s, so please don't assume that what I have posted means that you don't qualify for more points, find ways to argue that you do. :)

Gordon

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

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