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DLA to PIP Clarification of terms for MR

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6 years 9 months ago #193366 by Space Cowboy
DLA to PIP Clarification of terms for MR was created by Space Cowboy
Hi Gordon, all.

I'm hoping you could perhaps clarify something for me for my MR request regarding the terminology and manner in which, not to challenge the report as such, but clarify errors or omissions. I have Ehlers Danlos type 3 and associated symptoms. Bone spurs in neck. Depression and anxiety resulting in severe bruxism whilst asleep.

Firstly, and so far, the transition hasn't been the horror I had come to expect. Everyone who I have spoken to from the DWP has been courteous, helpful and understanding. Even during the rollercoaster of a call for an update on where my copy of the report was; which unexpectedly resulted in me being given my decision which has reduced my mobility award to standard causing varied emotions. Although I was awarded standard daily living. Though I think I should possibly be eligible for enhanced DL it was unexpected to get any without appeal after reading of all the 0 point results people have had.

In regards to the HP he again was kind and respectful. Though I have certain issues with his report I don't feel they were outright lies in any way. However, after speaking to DWP today we suspect there may have been a delay in him writing the report which meant it was dependent upon notes and memory. Also it is likely I didn't explain certain things very well.

For mobility I have been put in the 20-50 metres 10(?) points. In the report he states he saw me walk 10 metres "very slowly to slowly with a limp" and acknowledges pain and poor/no balance in my right ankle. On my form I estimated 1/3 - 1/2 normal speed on a 'better day'. To me this fits in with his 'very slowly to slowly'. The report also doesn't mention the 10m was split 2.5m at start, 5m in middle and 2.5 at end of assessment whilst sitting in between. In terms of a reasonable time frame, what would you consider 'very slowly to slowly' to mean?

I am with the local MHT in regards to my depression and anxiety, have had an ESA assessment each for for the last two years, referred on after a physio assessment to Podiatry, PMT and Rheumy for further assessments. Lots of assessments in very short time frame. When he asked about engaging with people I replied that "Although I am getting used to dealing with you people (excused myself that I didn't mean "you people" as in the DWP or in a nasty way but meaning assessors in general), but have a lot of difficulty engaging with people on a social/personal level in regards to forming and maintaining relationships". I also mentioned that I, as agreed with my psychologist, push myself into going to the local pub on a quiet weekday afternoon, once or twice a month, to put myself in an uncomfortable situation. This usually ends up with me going outside to a quiet corner sooner rather than later. I'm not a keen drinker but my rural location means there isn't anywhere else locally. However, the report states that I am getting used to dealing with people, engaging with people face to face and that I will go into the local pub to try and make friends. He also states I maintained good eye contact but due to my seating we weren't facing each other and I generally stared ahead or out of the window, although we did occasionally make eye contact, such as when I apologised about the 'you people' comment.

There are a couple of other such things, ie I said I would only eat one meal per day when I do eat, my parents cooking full meals for me twice a week, but regularly go 3 days without eating. The report states I eat one meal per day and look well nourished (I often get to the point of verging on feinting before forcing something down and am not sure if someone saw me with my shirt off they'd say I looked well nourished ) I'm also sure I wrote this on the claim form but forgot to make a copy.

The person I tried to get clarification of the 'slowly' thing has said they will post me a copy of my claim form and although he said he wasn't a decision maker he didn't know what to make of it either and thought I had a good case for MR or if need be appeal, but not to take it as anything other than opinion. I'm just not sure at the moment of the best way to challenge these things without appearing to be overly challenging. I do have my MHT action plan and OT report I can send and will speak to my OT tomorrow. I also think I should try and get down to the CAB before making any decisions about the MR.

Thanks

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6 years 9 months ago #193370 by Gordon
Replied by Gordon on topic DLA to PIP Clarification of terms for MR
Space Cowboy

There are two aspects to an MR or appeal.

First you must show that you meet the criteria for the award you believe that you deserve, if you don't do this then you are very unlikely to receive that award. Next you must deal with the views of the assessor as to why you don't meet that criteria, but try to correct facts, arguing against an opinion can be very difficult, a good example of this would be the 10m walk you tok and the breaks you had to take.

Finally, be aware that turnover rates at MR are quite low so you may well need to go onto appeal for a higher award.

Gordon

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

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