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Complex Regional Pain Syndrome/Arthritis and PIP

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4 years 10 months ago #248779 by annecostelloe
I suffer with CRPS in my right foot and arthritis in right shoulder, and early stages arthritis in right hand. I have been awarded 10 points for Mobility and 6 points for Daily Living. Previously on DLA I Higher Rate for both components until 2017 before transfer to PIP. I did not attend f2f in 2017 when called because I found it too stressful. Reapplied in September 2019. As I am 2 Points short I wonder if Its worth asking for mandatory reconsideration? I had telephone assessment in April and found it very stressful. CRPS is a complex condition and I found it difficult to explain how it affects my Daily Living and mobility. It happened as a result of surgery
in 2008. Stopped various painkillers due to side effects etc. I developed back pain/weakness in body/stiff weak leg/stress and anxiety etc and my mobility is poor. Hope someone out there can help?? Thanks Anne
The following user(s) said Thank You: Kevsue19

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4 years 10 months ago #248784 by Gordon
Anne

If you are only expecting to score for the Moving Around activity then the question you need to ask before doing an MR is whether you can reasonably show that your walking is restricted to 20m or less.

This is less than 50m used for DLA and the PIP criteria stricter than that used for the DLA "virtually unable to walk" even when the PIP reliability criteria are applied.

Gordon

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4 years 10 months ago #248785 by annecostelloe
Replied by annecostelloe on topic Complex Regional Pain Syndrome/Arthritis and PIP
Unfortunately, I ticked 20-50metre box in my application, and the assessor asked how far I can walk in 2mins. I answered 5metres in 60 seconds to bus stop across the road with physical support from my husband as cannot use a crutch with arthritic shoulder. Also my husband organises taxi for doctors and we travel by bus to hospital appointments. I had a fall recently on my back sprained and tissue damage to bad foot. Pain excruciating and up and down stairs on my bum, and hobbling about indoors. Don't go out unless for appointments . Thank you Gordon for getting back so quickly.

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4 years 10 months ago #248786 by Gary
Hi Anne

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"

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.

Gary

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4 years 9 months ago #248991 by annecostelloe
Replied by annecostelloe on topic Complex Regional Pain Syndrome/Arthritis and PIP
Hi Gary, I have a copy of the HCP report now and she has lied. During assessment she stated her mother had surgery for bunion and recovery took 9 months, and also informed me that she had been in hospital with covid 19, which has no relevance to my interview. I feel she did not believe me. I asked to be assessed by a HCP with knowledge of CRPS in my pip application. My anxiety and stress is caused by my physical disabilities and she states I've no medication for mental health. Stress anxiety memory problems etc are caused by changes in Central Nervous System/Sympathetic Nervous System. Not sure what she means. Thanks Anne

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4 years 9 months ago #248992 by Gordon
Anne

Ignore anything that does not help you score points.

First, the reasons that you received DLA Higher Rate Care do not exist under PIP so it is all about the points you can score. You scored six points, where do you reasonably think that you can score the additional two points you need for a Daily Living award?

You are on the back foot if you ticked that you can walk 20m-50m on the form and you may struggle to explain why you ticked the wrong box especially if the assessor's report is supportive of the distance, the award is also constant with your previous DLA HRN, so did you show any deterioration since you were assessed for DLA?

Gordon

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