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PIP re-assessment 0 points.

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6 years 11 months ago #188299 by Lee1972
PIP re-assessment 0 points. was created by Lee1972
My wife underwent her PIP re-assessment just before xmas 2016, she received one of these forms where you have to tick either you illness has got worse, better or stayed the same for each descriptor and explain how the descriptor has improved or worsened. She returned the form in good time. 4 Months elapse and she is called in for an assessment with CAPITA in April, I insisted she have the assessment recorded for her own benefit as we often know how these things turn out. She had her assessment at the beginning of April.

The beginning of this week she receives notification she has been awarded 0 points as a result of the assessment, her previous award score was 10 points care component and 0 mobility. So I don't understand how she can go from 10 points to 0 points while her condition has clearly worsened. She requested the HP report Tuesday and it arrived yesterday and immediately there are problems which do not tally up with the audio recording as key evidence has been missed out. I understand the assessor doesn't have to agree what you say to them, however I'm sure they have to make a note of any evidence whether it strengthens or worsens your claim, this clearly hasn't happened and evidence has been ignored.

I'm now in the process of helping her put together her mandatory reconsideration, however there is a few areas where I am unsure. One of the areas she has problems with is her hands, she suffers from task related Dystonia, meaning she has issues with chopping vegetables, and preparing food, also down to not being able to safely hold or grasp hot pans. She has had lots of accidents with hot items and now does not prepare food. Where do the regulations stand on this point does it mean because she can't prepare a meal for 1 using fresh ingredients does this mean descriptor 1f (8 Points) applies.

Another area where I am confused is this being able to do a task safely, consistently and to a reasonable standard. For example she needs assistance showering because she can't wash her back by herself using a brush due to her hands, she suffers from Fibromyalgia and has problems washing her hair, neck and shoulders due to problems with her joints and fatigue. She also can't dry her hair with a hairdryer. Where does she stand on that?

Also due to her Fibromyalgia she is fatigued and pained all over 5-6 out of 7 days she can barely get to the toilet from the bedroom which is less than 20 meters. Does the 50% rule apply in her case in relation to mobility.

We feel pretty confident as her evidence is strong and have nothing to loose, she has the support of her GP who has been great to her, but it is the small technicalities and regulations which I we don't understand, and I cannot bear to let the DWP wiggle of the hook when this decision stinks and the assessor has omitted vital evidence such as my wife's depression and suicidal tendencies.

I would be grateful of ideas and thoughts, I am in the process of getting the audio recording transcribed as I believe this will be key should the matter need to be heard at a tribunal. I also haven’t ruled out complaining about the conduct of the assessor missing out information.

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6 years 11 months ago #188311 by Gordon
Replied by Gordon on topic PIP re-assessment 0 points.
Lee

The DWP will likely take the view that she can use aids or appliances to help her prepare and cook a meal, have you explained why she cannot use these, there is a list of suitable aids in the PIP claim guide for each activity.

Also, would prompting assistance or supervision allow her to overcome the problems that you mention. Again if this is not the case then you need to explain why this is the case.

For many of the activities all you can do is to go back to basics and explain what problems she has and how they manifest themselves, so you say she can't use an aid to wash her back due to her hands,. what happens when she tries?

The PIP Claim guide explains the use of "reliably" better than I can here, so have a look at the section on this. All tasks must be done reliably, if even one of the four requirements applies then she should be classed as unable to complete the activity.

With regard to pain, she is not required to complete any activity pain free, but any pain that limits her ability to complete the activity should be taken into account, the same applies to fatigue.

With regard to walking, consider what the assessor may have seen or can assume, so how far did she walk at the assessment, does she go shopping, what about visits to the GP or hospital.

Gordon

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

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6 years 11 months ago #188323 by Lee1972
Replied by Lee1972 on topic PIP re-assessment 0 points.
Yes I understand where you are coming from with the use of using aids, and while she does have an electric can opener, perching stool and pans which can be used with both hands, her concern is the injuries she has caused herself in the past when her illness was in its early form, we purchased these aids when she was first diagnosed and was first having difficulty so she could at least continue for as long as possible to be independant, however as the scolds from spilt boiling water, and cuts from slipped and dropped knives began to stack up it become realised it was no longer safe for her to be in the kitchen, the final straw came when she spilt boiling water into her lap while on her perching stool as she couldn't escape quick enough from the boiling water.

As with showering and washing her hair, she doesn't expect to be pain free, as most of her daily life means living with pain, however it is at what point that pain becomes unbearable and she can't finish what she has started, as in nearly all attempts she makes ends in failure either because the pain becomes so intense or she is so exhausted she cannot finish or finish the task reliably to a standard any reasonable person would expect.

What would your take be on the 50% rule where she is exhausted for more than half of the week? For a long time now she is fatigued at least 5 days out of 7, her doctor is great and helpful but is a believer she shouldn't be totally pain free. My wife is on 15mcg/hr Butrans (Buprenorphine) patch, however her GP is reluctant to increase her medication as her GP says she needs room to increase the patch to the maximum 40mcg/hr (2x20mcg) as she becomes resilient and dependant on the patch, her GP has said after Butrans their is only one drug left which could be prescribed and that is a Fentynyl patch which is a risky medication to prescribe to someone with suicidal thoughts. She has been to pain management and has had 2 risky Lidnocaine Infusions which have provided very little benefit, the first infusion lasted 2 days, and 9 months later after a course of Vitamin D the infusion was repeated again which lasted just over 3 days, her pain management consultant said the risks of administering the infusion outweigh the benefit she has received on 2 occasions, she has tried and took treatments which have presented significant risk as her condition has worsened but without avail.

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6 years 11 months ago #188324 by Lee1972
Replied by Lee1972 on topic PIP re-assessment 0 points.
I forgot to mention a reply to your last paragraph.

She was dropped off at the door of the assessment centre and had to repeatedly stop to gain composure, usually her doctor will come out to her if she is unable to get to the surgery. With regard to shopping we order it online and have it delivered, items which we miss, our son collects for us. We have a electric wheelchair which she uses for hospital appointments. But that said when she is able on better days which is few and far between she will walk or attempt to walk.

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6 years 11 months ago #188325 by Gordon
Replied by Gordon on topic PIP re-assessment 0 points.
Lee

All you can is make the arguments about the majority of days, but as I said, you must show a restriction in completing an activity due to the pain or fatigue.

Gordon

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

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