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1 year 6 months ago #279853 by McMaddie
PIP review was created by McMaddie
Hi

I have recently had a review telephone assessment and have gone from enhanced rate on personal care scoring 16 points to 6 points meaning there is no award at all, similarly I had standard mobility scoring 10 points to 0 points meaning no award at all; this is despite my conditions being worse and a new diagnosis of a benign brain tumour which seriously affects my balance. My conditions are aspergers, athsma, hypertention, cervical spondylosi, sciatica, rheumatoid arthritis, stress incontinence, depression, and a past stroke. I don't know what to do, can anyone help me please?

Thank you,
McMaddie.

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1 year 6 months ago #279854 by BIS
Replied by BIS on topic PIP review
Hi McMaddie

I am sorry that you find yourself in this position. Have you got a copy of your assessment report? It's a PA4. You can ring the DWP and ask for a copy. It will take 7 - to 10 days to arrive. (Some have been arriving very quickly, but some people have had to chase). This will give you an idea of what the assessor was thinking.

When you ring for a copy of the report, you can also request a call back from a case manager to explain to you where they think your health has improved. This should happen automatically, but it rarely does. It would be interesting to know how they are going to justify their decision if as you say, your condition has deteriorated. You don't have to ask for a call back if it would be too much for you.

The next stage is for you to put in for a mandatory reconsideration. The details on how to do this are in the guide to PIP Appeals (which also has the MR information in it). You have one month from the date on the decision letter to put in for your MR.
benefitsandwork.co.uk/guides-for-claimants/pip (Scroll down the page to find the right guide).

If you have any further questions, come back and ask and we will try and help.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: McMaddie

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1 year 5 months ago #280528 by McMaddie
Replied by McMaddie on topic PIP review
Hi,

I have received the report from the assessor and she constantly refers to 2 reports, one from Rhuematology in 2019 and one from Neurophysology in 2021 (nerve conduction test). The report from 2019 states that 'hand grip strength was reasonable' but also states that there is degenerative changes to both wrists with the right wrist being worse and pain; suggested monitoring of symptoms and pain management. The 2021 report was regarding tests done on my legs not my hands. She has completely ignored other reports, doctors letters, testimony from friends/family. She also makes a big thing about lack of meds, physio, specialist input etc. Based on this she says I can manage all descriptors by myself bar toilet needs (2 points for using an aid) and mixing with people (4 points as need support). How can she be allowed to ignore everything else bar 2 reports, going back to DLA in 2008 the doctor agreed my hands were poor and painful. I'm absolutely dumbfounded. Any suggestions gratefully received.

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1 year 5 months ago #280539 by BIS
Replied by BIS on topic PIP review
Hi McMaddie

Unfortunately, the DWP have a record of ignoring evidence that claimants send in, and picking and choosing certain bits. It sounds as if she has gone to the most recent ones you submitted. In your MR when you address each question - link each piece of evidence to it and even quote where necessary.

Lack of meds - this is a common tactic of an assessor - often unfairly used - but you will need to address it. There are lots of reasons why people don't take large amounts of meds or don't take any at all eg (no suitable drugs available, can't tolerate drugs, don't mix with other medication, don't like the side effects, doctors are reluctant to prescribe, personal choice, have taken in the past - but can't now ... etc) Just tell them that the amount you take is not an indicator of your pain levels as that is something which is individual.

I'm sure you have said already, but you will need to reiterate what's changed since the 2021 report and link how that affects your day-to-day life. It's not enough to say you're in pain because that's hard for them to understand- how does that manifest itself and what does it stop you from doing? Do you have to stop and start things, do you drop things or are you in constant danger of dropping them? Does the pain make you cry, exhausted...? Never assume they will understand or have experience of what you're going through. So can you cook a meal or do your wrists make it impossible? Remember they need to know that you are affected for the majority of the time. They are offering an opinion, which clearly differs from yours. The doctor said your hands were 'poor and painful in 2008' so you need to reiterate how long you have been living with pain and how it has worsened over the years. Living with pain - has an impact on your mental health.

I would also challenge the assumption that the assessor must think your condition has improved - hence you losing points - and yet there is no evidence of that. Once again - link to any recent stuff you have from for example your GP.

BIS

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

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1 year 5 months ago #280767 by McMaddie
Replied by McMaddie on topic PIP review
Hi,

Thank you for all your help. I am struggling to get the extra evidence I need in time but I can get it, can I ring pip and ask them for more time to send it please?

Kind regards, McMaddie

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1 year 5 months ago #280772 by BIS
Replied by BIS on topic PIP review
Hi McMaddie

They're not likely to give you any extra time to submit your MR (though you can always ask) - but you can put tell them and put it in your MR letter that you will be sending in additional information.

BIS

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

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