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Musculoskeletal assessments relevance to ME/CFS

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7 years 9 months ago #162514 by Marah
Hello

I've been given standard rate mobility and care PIP. I'm trying to appeal the mobility component because I disagree with the evidence used. The DWP state a musculoskeletal assessment in my previous PIP medical (2013) isn't consistent withbmy claimed difficulty below 20 metres. Basically i moved my joints and stood/sat, so I don't see how this can be all that relevant to ME/CFS fluctuations, and totally unable to reflect the post exertions malaise of CFS.

I wondered has anyone else got experience of challenging this particular type of evidence. Clearly it can't reflect repeat/reliable/safe etc.

Many thanks

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7 years 9 months ago - 7 years 9 months ago #162528 by slugsta
Hi Marah and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

I'm sorry the PIP decision was not in your favour :( I suggest you have a look (another look?) at our PIP guide to see whether you explained your problems in the best possible way

PIP help for claimants

The guide also explains the Mandatory Reconsideration process, should you decide to go down that route.

You might wish to bookmark/favourite this on your web browser now so that you can find it easily in future. This will allow you to return with further questions/comments about your PIP claim without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one place - and I hope you will find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 9 months ago by slugsta.

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7 years 9 months ago #162536 by Marah
Hello and thanks for replying.

I searched the site and reread the PIP guide this evening, but thanks for the suggestion, it never hurts to re-read does it.
I guess I'll just have to reiterate the point in my submission. I've already done mandatory re consideration, this is where they came back mentioning the musculoskeletal assessment.
Lo-o-ots of errors in both medicals 2013 & 2016.
Just worried about having care reduced as a result of appealing I guess. also the DWP regs seem to say that people who can mobilise in their home aren't likely to get higher rate even if they can't mobilise outside, so not sure if appealing is worth my while!

All so confusingbut, even if don't appeal I'll have to do something to correct the errors they have made I guess or it'll crop up every time ideal with them!

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7 years 9 months ago #162537 by slugsta
The Tribunal Panel will probably look at your whole claim. However, they have to warn you if they think they would reduce your current award, you can then withdraw your appeal.

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

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7 years 9 months ago #162539 by Marah
That's really good to know about the warning part.
Thanks for your help.
The following user(s) said Thank You: slugsta

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7 years 9 months ago #162560 by Rowena
Hi Marah, I was interested to know where you found information about DWP regs say if you can mobilise in the home, you will not qualify for HR mobility. I wasn't aware of this at all. Many thanks :( :(

Marah wrote: Hello and thanks for replying.

I searched the site and reread the PIP guide this evening, but thanks for the suggestion, it never hurts to re-read does it.
I guess I'll just have to reiterate the point in my submission. I've already done mandatory re consideration, this is where they came back mentioning the musculoskeletal assessment.
Lo-o-ots of errors in both medicals 2013 & 2016.
Just worried about having care reduced as a result of appealing I guess. also the DWP regs seem to say that people who can mobilise in their home aren't likely to get higher rate even if they can't mobilise outside, so not sure if appealing is worth my while!

All so confusingbut, even if don't appeal I'll have to do something to correct the errors they have made I guess or it'll crop up every time ideal with them!

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