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7 years 11 months ago #159554 by JeanieMac
PIP Reconsideration was created by JeanieMac
I am desperate please if anyone on the forum can help. I recently had a capita PIP assessment at home. My appointment was for 2.30pm that day but I received a call from the Health Professional to say the person I should see was not available and could he come round to see me now. I said I hadn't been up for very long but he was nice about it and persuasive so I agreed. Anyway I have been given standard in both daily living and mobility whereas I was on enhanced dla. I am starting a reconsideration and wonder if anyone can advise based on the following first part regarding my daily living, in particular I cannot cook for the reasons explained and I think the assessor has contradicted himself. Here goes


Daily Living - Preparing / Cooking Food

The HP Professional states on page 4 of his report under preparing Food "she always has difficulty making a meal, opening can, jars, opening packaging, peeling vegetables and chopping up vegetables as she has difficulty maintaining a standing position. has joint pain and stiffness and poor manual dexterity due to osteo and rheumatoid arthritis. She is usually able to use the microwave to prepare a snack, a simple meal and a ready meal. She reports her grandaughter will normally prepare meals for her"

On the descriptor the HP Professional states "The claimant did not report significant functional problems with this activity in their questionnaire or at consultation and there was no evidence to suggest otherwise" He scores (2) Needing an aid or appliances to be able to cook food.

I did in fact state on my questionnaire the great difficulties I have physically to cook as well as the difficulty I can have with low mood, motivation and sheer tiredness brought on by my fibromyalgia and my medications which has not been mentioned or taken into account even though I told him. I said quite clearly that I was unable to cook and a friend (who was present) did some cooking for me and my grandaughter helped with this at weekends. I find the HP's two statements very conflictiing and also with regard to the microwave I said i could reheat food cooked for me or ready meals but the HP states I can cook a simple meal in the microwave.

He further states that taking evidence from CQ, FME, FH, IOs, and MSK (???) due to osteo and rheumatoid arthritis it is likely the use of aids would enable me to prepare and cook food safely. I was scored 2. The fact is that aids don't help much because I can't use pressure with my right hand because of pain and pain up my arm and shoulder. He said I had a strong grip but did not do a grip test.

This is part of what I am intending to submit as reconsideration so would appreciate any advice as to whether I have put too much information or not enough.

Thank you, all comments welcome as I'm terrified of getting it wrong. There are lots of bits incorrect on the HP form but I don.t want to be seen as "going on a bit".

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7 years 11 months ago #159569 by Gordon
Replied by Gordon on topic PIP Reconsideration
J

Although it can be tempting to react to what is written on the assessment report this will not always lead to a revised award.

The first thing to consider is whether you can actually score the extra points needed for an Enhanced award. DLA Higher Rate Care is awarded for very specific reasons, that you have care needs both day and night; PIP looks at the severity of your problems and takes no account of the time of day that you are affect. So a lot of claimants with HRC awards are not going to receive the same on transfer to PIP.

If you do think that you can score the 12 points needed for an Enhanced award then the first thing you must do is explain why this is the case, this may involve your also challenging what is written in the report but that needs to be secondary to your showing why you should score the extra points.

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

Go through your PIP2 with the PIP Claim guide and the assessment report and make sure that you have explained why you meet a descriptor, remember that many of these have multiple elements, all of which must be met to score points. Also, make sure that you have made use or "reliably" and "the majority of days" wherever relevant.

Gordon

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

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7 years 11 months ago #159617 by JeanieMac
Replied by JeanieMac on topic PIP Reconsideration
Thank you so much, I think I am missing the point on how to present my case so will take your advice and look at the templates, im not doing a good job navigating round the site but will learn.

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7 years 11 months ago #160108 by JeanieMac
Replied by JeanieMac on topic PIP Reconsideration
Hello Moderators,

I know you are very busy and Gordon has helped once but I'm still not sure I'm on the correct lines of presenting my case for a Mandatory Reconsideration

and my deadline is running out as PIP decision letter was dated 8th May !! I am intending to firstly go through the History from the HP where I don't agree as set out below and following that I was going to then go through the relevant activity / descriptor that I,m not happy with. I have taken some wording from the members advice and hope I am some way to getting it right. I don,t want to appear to be having a go at the HP in case it goes against me. For info my conditions are Fibromyalgia, COPD, Rheumatoid Arthritis, Osteoarthritis, Cervical Arthropathy of Spine. I'm not sure I get it at all, it's so very complicated. Thank you to anyone for more guidance please.




Dear Sir/Madam

My reference etc.

Further to your letter dated 8th September may I please respectfully ask for a mandatory reconsideration of the decision to move me to standard rate Daily Living and standard rate Mobility as I feel the severity of my condition (s) have not been portrayed. Firstly I would refer you to the HP Report.




History of Conditions

The report states that I attended a pain clinic a few years ago but should also state that I was referred for a series of facet joint injections to my spine, although long term this was not a benefit in the long term.

With regard to my fibromyalgia and the treatment I have received most of the report is correct but there is a sentence that states "she reports that she has not had any treatment for fibromyalgia", this could be misleading to the Decision Maker.medication, it Medication -The report states I take 60mg of Duloxotene daily which is incorrect and I actually take two x 60mg tablets once daily.

Social History- states that I drive a manual car which is incorrect. I drive an automatic car as pain in my hands, arms and shoulders means I am unable to change gears.

Preparing food - states that I always have difficulty with the various tasks but I think this is misleading as I reported to the HP that I am unable to prepare and cook food and have a friend who does this for me sometimes and a granddaughter at weekends.

Taking Nutrition - the question put to me was can I eat unaided and do I use adapted cutlery and I answered "yes to eating unaided and no to using adapted cutlery as I use a spoon and fork to eat". However the Decision Maker has made a point on their DM Reasoning which states "On your questionnaire you say that you eat irregularly due to tiredness from your conditions and lack of motivation" but in your functional history you say you have no difficulties taking nutrition and do not use adapted cutlery. I just want to make the point I was not asked the questions in the same way so my answers were different and not meant to mislead.

Observations - The HP stated "she was dressed appropriately although I was still in my nightwear and dressing gown. I had intended to make a good impression and be dressed but my appointment was brought forward by 4 hours at the very last minute. The HP also stated "she was observed to have difficulties standing and sitting down from a chair due to joint pain but was able to walk unaided from the living room to the kitchen and back, a total distance estimated at 20 metres or more at a slow pace" . The distance from my living room to the furthest part of the kitchen is 4.5 metres which is a total distance of 9 metres. I went to the kitchen to get a prescription list, this was painful and the HP made a comment out loud saying to me, "It's clear you would find it difficult to walk 20 metres".

Moving Around - The HP stated "She struggles walking around in her house and outside, after walking to the end of her street, about 40 metres she will be feeling exhausted and in pain". This is correct but the distance is 30 metres and I would have to stop at least once to complete the activity.




At this point I was going to go through Activities and Descriptor but do I use the Decision Makers Form or the HP Form ? or none of it.

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7 years 11 months ago #160112 by Gordon
Replied by Gordon on topic PIP Reconsideration
JeanieMac

I know you have only posted part of your response, but I'm afraid it does not make me think that you should score extra points.

Picking a couple of items and playing Devil's Advocate;

You say your car is an automatic and that you cannot change gears due to pain, however, if you are able to drive you are indicating that you can hold the steering wheel for long periods of time, that you can also hold your arms up and although you say you have pain when changing gears you appear to have no problems with the signals!

Taking nutrition, you raise an issue but do not appear to be disagreeing with the assessor's summary, just how they got to it!

If I was to make a specific comment then it is that you are fighting battles that do not matter, concentrate on showing where you should score points, remember we all have a limited attention span, you want the DM to thinking about whether the points they have awarded are reasonable or not.

Gordon

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

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7 years 11 months ago #160125 by JeanieMac
Replied by JeanieMac on topic PIP Reconsideration
Thanks Gordon, I will try again, this is a struggle. I only ever drive a short distance to my friends and I understand what you say about pain changing gear but it's the same point I am trying make on preparing food in that I can use my hands to eat with a fork and spoon but cannot put pressure on to cut meat etc. I am incapable of writing because of the pain it causes but I can hold things like a beaker. The use of aids in the kitchen is not really an option such as cutting boards that hold items in place, I can't physically cut even bread without great difficulty and pain. I'm very confused because just telling the truth in that yes I can use my hands but I can't use my hands if I have to apply any pressure to the task. Surely there must be some way I can word this to make sense ?

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