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1 year 4 months ago #282297 by BIS
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Replied by BIS on topic Pip text received
Hi Suexx
I despair - I really do. You were on the floor. Just because you got up on that occasion, it doesn't mean that you don't require assistance. They are supposed to take account of the need for assistance regardless of whether it is in place. Clearly doesn't get that you may not be able to get up, or the time it takes you over someone who doesn't have the same condition, whether you managed it safely and whether you could reliably do it again!
Good luck with the MR
BIS
I despair - I really do. You were on the floor. Just because you got up on that occasion, it doesn't mean that you don't require assistance. They are supposed to take account of the need for assistance regardless of whether it is in place. Clearly doesn't get that you may not be able to get up, or the time it takes you over someone who doesn't have the same condition, whether you managed it safely and whether you could reliably do it again!
Good luck with the MR
BIS
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1 year 4 months ago #282328 by suexx
Replied by suexx on topic Pip text received
Hi BIS,
Its crazy isnt it? When I fell, yes i supported my weight with my hand on stairs, until i could get to a kind of kneeling position, but my knees legs and hips are so painful, that it must have taken me about 3-4 mins to get to a kind of standing position, holding the other steps, and pushing myself up. I was exhausted when I had finished. I live alone, so of course i needed assistance when i fall, but she didnt see that. If it was in the lounge or bedroom i could have crawled to the couch or bed, but the stairs and a light table are the only things in my hallway.
Just amazes me that they think just because you can get up from a fall (most times I cant) that you are fine to do all aspects of preparing food, bathing and dressing myself.
I am writing some notes today and also sending photos of the stairs to explain how the situation happened. Im not going to concentrate on that, just want to explain my side of how it went.
I really do think I qualify for the enhanced DL, due to all my problems, but how do i fight to get it reinstated to enhanced?
Kind regards
Its crazy isnt it? When I fell, yes i supported my weight with my hand on stairs, until i could get to a kind of kneeling position, but my knees legs and hips are so painful, that it must have taken me about 3-4 mins to get to a kind of standing position, holding the other steps, and pushing myself up. I was exhausted when I had finished. I live alone, so of course i needed assistance when i fall, but she didnt see that. If it was in the lounge or bedroom i could have crawled to the couch or bed, but the stairs and a light table are the only things in my hallway.
Just amazes me that they think just because you can get up from a fall (most times I cant) that you are fine to do all aspects of preparing food, bathing and dressing myself.
I am writing some notes today and also sending photos of the stairs to explain how the situation happened. Im not going to concentrate on that, just want to explain my side of how it went.
I really do think I qualify for the enhanced DL, due to all my problems, but how do i fight to get it reinstated to enhanced?
Kind regards
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1 year 4 months ago #282338 by suexx
Replied by suexx on topic Pip text received
Hi BIS,
Forgot to mention, I had my assessment, asked for the report, but didnt receive it, so I rang after 2 weeks, and was told the possible points over phone. The next day I got a text to say my pip review is complete, but i still hadnt received the assessors report, so I didnt get a chance to check it, or send in any further information. I only received the report about 5 days later.
I rang again and was then informed that the actual decision had been made, but I still havent got the decision letter. I was then told that I need to do Mandatory Reconsideration.
So I dont think its fair that I wasnt given chance to respond to the assessors report, and explain what had been misunderstood, as it arrived too late, and by that time the decision had already been made. What do I do in this situation, just go for MR, or write to them explaining that Id like to respond to the assessor report in the first instance, and then go for MR?
Kind regards
Forgot to mention, I had my assessment, asked for the report, but didnt receive it, so I rang after 2 weeks, and was told the possible points over phone. The next day I got a text to say my pip review is complete, but i still hadnt received the assessors report, so I didnt get a chance to check it, or send in any further information. I only received the report about 5 days later.
I rang again and was then informed that the actual decision had been made, but I still havent got the decision letter. I was then told that I need to do Mandatory Reconsideration.
So I dont think its fair that I wasnt given chance to respond to the assessors report, and explain what had been misunderstood, as it arrived too late, and by that time the decision had already been made. What do I do in this situation, just go for MR, or write to them explaining that Id like to respond to the assessor report in the first instance, and then go for MR?
Kind regards
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1 year 4 months ago #282339 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Pip text received
Hi Suexx
I'm afraid it comes down to luck, and the window of opportunity to object to the assessment report before the decision is made is notoriously small. You won't get anywhere trying to complain that the report wasn't sent to you after you requested it. Even if they had sent out the report - the decision could still have been made before you got a letter back and the letter had been processed and put on the system. You now have to put in for an MR. As maddening as it is, try and put that aside and use your energy to fight to get the decision overturned.
BIS
I'm afraid it comes down to luck, and the window of opportunity to object to the assessment report before the decision is made is notoriously small. You won't get anywhere trying to complain that the report wasn't sent to you after you requested it. Even if they had sent out the report - the decision could still have been made before you got a letter back and the letter had been processed and put on the system. You now have to put in for an MR. As maddening as it is, try and put that aside and use your energy to fight to get the decision overturned.
BIS
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1 year 4 months ago #282370 by suexx
Replied by suexx on topic Pip text received
Hi BIS,
Thanks for your reply. Yes, I understand that. My main concern was that they had made a decision before I had even seen the assessors report, so I didn't know what the assessor had said, and didnt get a chance to respond. I thought after our assessments, that we all have the right to reply to what is said in the assessors report, before a decision is then made. I only found out much later that she had misunderstood about how I am unable to cope in the daily living activities.
Anyway I will now concentrate on my MR. Can I tell them I am happy with the enhanced mobility award, and just ask for them to reconsider the daily living award?
Kind regards
Thanks for your reply. Yes, I understand that. My main concern was that they had made a decision before I had even seen the assessors report, so I didn't know what the assessor had said, and didnt get a chance to respond. I thought after our assessments, that we all have the right to reply to what is said in the assessors report, before a decision is then made. I only found out much later that she had misunderstood about how I am unable to cope in the daily living activities.
Anyway I will now concentrate on my MR. Can I tell them I am happy with the enhanced mobility award, and just ask for them to reconsider the daily living award?
Kind regards
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1 year 4 months ago #282374 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Pip text received
Hi suexx
You and many others have found what they said has been misunderstood, and the system would probably grind to a halt if they waited to see if claimants wanted to object before the decision was made. You're allowed to write and object to the report, but they proceed at their own timescale. As I said, it's a small window of time in which someone can write to the decision-maker. If the decision is made within a week of the report, which happened to one of our members recently, there's no chance of saying anything, and the DWP will simply say that the process for objecting to the report is through the Mandatory Reconsideration process. I suspect the number of letters that make a difference before the decision is minute.
You absolutely should tell them you are happy with the enhanced mobility. Be aware that it won't stop them from looking at it.
BIS
You and many others have found what they said has been misunderstood, and the system would probably grind to a halt if they waited to see if claimants wanted to object before the decision was made. You're allowed to write and object to the report, but they proceed at their own timescale. As I said, it's a small window of time in which someone can write to the decision-maker. If the decision is made within a week of the report, which happened to one of our members recently, there's no chance of saying anything, and the DWP will simply say that the process for objecting to the report is through the Mandatory Reconsideration process. I suspect the number of letters that make a difference before the decision is minute.
You absolutely should tell them you are happy with the enhanced mobility. Be aware that it won't stop them from looking at it.
BIS
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