PIP appeal no GP evidence

Hi Shelleljay,
No worries about the long post, sometimes we need to know all the information so we can give you more detailed advice.
DWP have several 'stock phrases' they use as excuses - working and not seeing GP are 2 of these! Firstly there is no law preventing disabled people working and claiming PIP. Secondly, many people who have long term illness seldom see their GP - there's no available appointments anyway, and unless your health changes or the meds no longer work, I suspect you just tick the repeat prescription box and never get to see it need to see the doctor!
Here are some ideas to consider
1. What is your job? If this is computer based do you need expanded text or sone sort of overlay etc? Compare and contrast what you used to do with what you actually do now. What other 'reasonable adjustments' are made?
2. You are partially sighted - Have you seen an optician or hospital eye doctor recently - could they have an updated report, or alternatively get an optician appointment or even pay privately for a consultant and ask for a report?
Although you haven't seen your GP recently you could ask for an appointment to discuss your health. You could ask for a report or failing that get a copy of your GP notes. Maybe generally it is about time for a medicines review?
3. What is your medication - you can look up bnf.nice.org.uk/ this will tell you about your dose etc. This will inform you of whether you have the highest dose or not. Clearly a very high dose indicates a serious medical condition. Maybe you can't take a higher dose due to allergy or side effects - then say this. If you only take the lowest dose available you don't need to refer to this, but it is always good to know.
4. You may have already done this, but have a rethink about the descriptors - pay particular attention to the so-called reliability criteria - all 4 must be met
Safety
Acceptable standard
Reasonable time
Repetition
I'll throw some suggestions out -
Cooking etc Poor eyesight - safety in the kitchen , using knives etc, carrying hot pans, being around hot liquids? Can you see the cooker dial, can you see to ascertain if food is cooked? How predictable are the migraines? Do these make you blackout - could you black out in the kitchen? (It's about the possibility and consequent risk if you fall or scaled self etc )
Eating etc - Do you have trouble seeing things to grip them, eg cup of tea etc. Does food fall off the plate or fork if you can't see properly - this could lead to scalding etc (and may amount to not being 'acceptable' if you spill food around - also might indicate not a reasonable time if you take over twice the time of an able person.
Medication - can you see to read and or open the packets- safety issues if you can't. Maybe you need a dosett box and or someone to fill it?
Bathing - how safe are you? Can you see to get in/out? Again blackouts with migraines? Blood pressure issues?
Toileting - unless you have incontinence issues, then actually sitting down or rising might require a grab rail etc if you are unsteady for any health reason.
Dressing - can you see to do up buttons etc( Problems with bending?
Reading - do you use large text, magnifier etc, do you miss words out because you don't see them and therefore guess. Do you use text to voice apps? Think about reasonable time.
If you struggle to read does this cause issues with letters etc and budgeting? Do you any any problems eg entering Pin numbers - maybe you get timed out?Perhaps you use alternative ID types? Even if you don't use these things I've suggested, under this it other descriptors, is it reasonable for you to use these?
Mobility - it probably isn't safe for you to go on any journey (familiar or unfamiliar) with someone with you? Do you need to use a white stick (orientation aid) ? If you are constantly bumping into things, this suggests that you have a great propensity to hurt yourself and perhaps fall. Clearly if you fall outdoors you can hurt yourself very badly and worst still get hit by a car. This indicates a risk of substantial harm which comprises the safety criteria.
Think also if your walking causes increased heart problems, pain or even induces migraine.
In terms of the migraine, if you are unwell and need to go to bed, then there is a strong argument that you can't do anything safely etc for yourself during these times - this could apply to all relevant descriptors. Particularly so if migraines are often, or you need to lie down to prevent the headaches.
Acceptable standard also includes pain - if you have a significant amount of pain doing a descriptor activity, it is likely that this won't be 'acceptable'. For example any walking done with a reasonable amount of pain IS discounted, so this could mean although you can physically walk some way legally for PIP your distance could be zero
All the descriptor activities have to be done repeatedly across the whole day, as required.
This could mean preparing 3 or 4 meals a day. Eating and drinking several times during the day. Toilet 4 times more if incontinent etc etc
If you regularly can't manage a normal/usual amount of repetitions or avoid trying because it's too difficult due to pain, stamina, breathlessness, poor eyesight etc etc then this indicates you either need some sort of help or actually 'cannot' do the descriptor activity.
These are a few pointers as to things to consider to expand on why you you can't do the activities and should be awarded points.
I hope this helps.
Let us know how you get on.
LL26

Hi Shelleljay,
In an appeal response I normally have 3 sections. First a paragraph about your health background. So, for you, the stroke, how it started, when etc. What's changed, any surgery or other treatment etc. This is your story. Think if it as describing your health to a close friend. Pretend you are talking. Write down what you would say.
Here's an example.
"I used to be so lively, out to choir, driving and going to art class. I don't do these now. It is so frustrating I hate being like this. Even watching TV is so difficult. I use the audio description this helps..."
The next section is a brief, yes brief, criticism of DWP assessment report and decision. What you need to do is to sit down with a piece of paper and formulate 4 or 5 bullet points that sum up the problems of the assessment report. So, eg one of these could be that the assessor misunderstood what was said and or failed to record what was said. You then provide an example of each - For example The Assessor has incorrectly recorded that I do not have any reasonable adjustments at work. I said this 7 times.
Keep it snappy. Things I have previously included are
• the assessor was rude and kept overtalking
• the assessor did not appear to understand my health conditions. He is shown as being a paramedic - and therefore does not appear to have any specialist mental health training
• there are many comments made in the report that clearly are not relevant to me. I do not walk to my mother's house each week as sadly my mother passed away 11 years ago.
• there are many inconsistencies and contradictions in the assessment report. (Eg....)
• the assessor has not considered safety and the substantial risk of injury I have whilst completing descriptor activities
• there are many spelling and grammatical errors, and some sentences do not make sense. For example 'claimant drives but hasn't cooking.' These errors confirm a lack of attention and may well explain why there are inconsistencies and incorrect answers.
You can then add another sentence saying as appropriate eg due to the incorrect answers and the manner of the assessment the report should not have been relied upon by DWP who have simply followed the report despite overwhelming evidence to the contrary.
Don't call the assessor a liar - you can't prove this. Also, using the bullet points gives enough criticism. If you nitpick everything, whatever valid comments you make will get lost or the decision maker will just stop reading if he has received a 60 page waffle about the assessment.
3rd part. Go through each descriptor as I've stated in the previous post. Here you can have a slightly more in depth and focussed criticism of the report/decision and explain what is incorrect/ignored etc and the real nature of your disability and the correct points.
I hope this helps.
LL26

Hi Shelleljay
....yes falls, stumbles, collisions are all important. You could do a 'survey' for a week or two. Note all the times this sort of thing happens. It could make for an interesting read!
LL26