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Mandatory....appealing.. Mental Health & CFS etc
- Moogue
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7 years 10 months ago #190352 by Moogue
Mandatory....appealing.. Mental Health & CFS etc was created by Moogue
Hello To the Fellow Frustrated & Confuddled,
I am a 41 year old woman, who for 30 odd years of my tultumus,confusing,forgotten and slipping through the cracks of the political changes, misunderstood NHS members and personal life changes both positive at times and life threatening at others.
I have just had my decision for ESA which I was receiving standard care and mobility....I have been zeroed across the "few" descriptors mentioned in the decision letter.
So PIP stopped and ESA reduced and potentially at risk (support group).
I have a medley of chronic conditions both mental and physical and a veritable cocktail of medication which due to risk and puddledom the chemist administers in a dossette box and will only give me a week at a time.
Now please don't paint a mental picture of those far stronger than me.
I am ruled by;
• persistent and enduring back pain since I was about 8 as a result of curvature of the spine and some hyper mobility.
• arthritis almost everywhere specific in shoulders, hips, L3,4&5
•calcifying disc bulge L5
•ibs
•Fibromyalgia
•Chronic Widespread Pain Syndrome
•CFS
•Mental Health....a plethora of co-existing diagnosis since 18, from schizophrenia to psychotic disorder and borderline personality disorder.... along with depression, anxiety and psychosis.
•Addiction
AND like most of us I have experienced, in my opinion, far more than normal traumatic events, and today writing this, were it not for my dog I would, well not be writing this because of the cataclysmic chaotic crisis's that have been non stop since 2013.
So..as is Sods way, as soon as I am safe and able to look "forwards" bang...thanks PIP....from reading the literature on here.....Where the hell do I start in 25 days, having moved house again and GP.
How do I ask for more time?
I am terrible with paperwork and my 71 yr old mother is having to help me formulate some form of structured objections to the decision.
gggggaaaaaaaaa
Lost
I am a 41 year old woman, who for 30 odd years of my tultumus,confusing,forgotten and slipping through the cracks of the political changes, misunderstood NHS members and personal life changes both positive at times and life threatening at others.
I have just had my decision for ESA which I was receiving standard care and mobility....I have been zeroed across the "few" descriptors mentioned in the decision letter.
So PIP stopped and ESA reduced and potentially at risk (support group).
I have a medley of chronic conditions both mental and physical and a veritable cocktail of medication which due to risk and puddledom the chemist administers in a dossette box and will only give me a week at a time.
Now please don't paint a mental picture of those far stronger than me.
I am ruled by;
• persistent and enduring back pain since I was about 8 as a result of curvature of the spine and some hyper mobility.
• arthritis almost everywhere specific in shoulders, hips, L3,4&5
•calcifying disc bulge L5
•ibs
•Fibromyalgia
•Chronic Widespread Pain Syndrome
•CFS
•Mental Health....a plethora of co-existing diagnosis since 18, from schizophrenia to psychotic disorder and borderline personality disorder.... along with depression, anxiety and psychosis.
•Addiction
AND like most of us I have experienced, in my opinion, far more than normal traumatic events, and today writing this, were it not for my dog I would, well not be writing this because of the cataclysmic chaotic crisis's that have been non stop since 2013.
So..as is Sods way, as soon as I am safe and able to look "forwards" bang...thanks PIP....from reading the literature on here.....Where the hell do I start in 25 days, having moved house again and GP.
How do I ask for more time?
I am terrible with paperwork and my 71 yr old mother is having to help me formulate some form of structured objections to the decision.
gggggaaaaaaaaa
Lost
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- Gordon
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7 years 10 months ago #190362 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory....appealing.. Mental Health & CFS etc
Moogue
Don't assume that that you need new evidence to solve this problem, often these Decisions are down to a failure by those assessing you to fully appreciate how your conditions impact on you.
What I would do is go back through your PIP2 to make sure that you have shown that you meet the requirements of the Descriptors and that you have made effective use of the reliability terms and on the majority of days.
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
Don't assume that that you need new evidence to solve this problem, often these Decisions are down to a failure by those assessing you to fully appreciate how your conditions impact on you.
What I would do is go back through your PIP2 to make sure that you have shown that you meet the requirements of the Descriptors and that you have made effective use of the reliability terms and on the majority of days.
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
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