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Refused PIP was on DLA middle care and low mobilty

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6 years 10 months ago #191782 by quackerslorna
Hello,
Hope you can help. I got letter last Friday I was not eligible for PIP. I am doing MR, have sent letter to them and I had filled in original form using guides here and got 6 points care. 0 points mobility. I have M.E. and epilepsy controlled mainly. I had been on DLA indefinitely. They claimed I could walk 200m etc with no problems as often as I wanted, I did not say that I tried to answer question as best as I could and stated 20 to 50 m and also that due to legs always being weak after walking I have to rest etc. HCP sort of put words in my mouth as well. I have to do through these things alone as there is no on but me at home. I am trying to get help from local Councillor MLA in Northern Ireland. I need help to fill mobility bit in again, have you any ideas? plus im struggling to get GP help as well, I don't drive and other than taxi no on else can help. I was thinking in getting taxi driver to help as he waits on me as I go to 2 shops. I am not sure if he could write a letter of support. This has taken so much out of me. Crying everyday then I have to go to a capital tribunal next month for ESA capital appeal. Sorry this is scattered but I m a bit brain fogged. By the way I got back into support group for ESA so at least thats good. Thanks for reading. Lorna

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6 years 10 months ago #191788 by Gordon
L

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

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Think about whether you can perform the PIP activities reliably and on the majority of days as you legally require to do.

Periods of rest that you need to take because of your ME after doing an activity should be taken as part of the time it takes you to complete that activity. You need to be able to repeat an activity within a reasonable period and of course any activity that causes you hurt or exhaustion may not being done to a necessary standard.

You mention going to the shops, this will likely count against you so I would not rush to mention this and if you already have then you need to think about how you manage this within the restrictions of your illness,

Go back through your PIP2, the assessment report and our PIP Claim guide to make sure that you have shown that you meet the criteria, treat the Descriptors as written, it can be tempting to try and bend them to fit your problems but this almost always fails.

If you have specific question then please reply to this post and we will do our best to help.

Gordon

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

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6 years 10 months ago #191798 by quackerslorna
Replied by quackerslorna on topic Refused PIP was on DLA middle care and low mobilty
You mention going to the shops, this will likely count against you so I would not rush to mention this and if you already have then you need to think about how you manage this within the restrictions of your illness,

Go back through your PIP2, the assessment report and our PIP Claim guide to make sure that you have shown that you meet the criteria, treat the Descriptors as written, it can be tempting to try and bend them to fit your problems but this almost always fails.

Thanks Gordon for reply, I mentioned shops as they ask in form about going out, did I go anywhere this is only every 2 wks or so. I don't understand what you mean by tempting to try and bend them to fit your problems. They gave me no points for medication when they knew I had to take it 3 times a day and forgot to do so and needed aids to take them properly.

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6 years 10 months ago #191818 by Gordon

Lorna wrote: I don't understand what you mean by tempting to try and bend them to fit your problems. They gave me no points for medication when they knew I had to take it 3 times a day and forgot to do so and needed aids to take them properly.


A common mistake that claimants make is trying to interpret the PIP Descriptors in a way that better fits with their conditions so as an example if the Descriptor says ABC then you must answer it as ABC, don't be tempted to think of it ABD or ABCD.

You will only be able to score for (b) for Managing Treatments. What have they said on the Decision Letter as to your abilities?

Gordon

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6 years 10 months ago #191895 by quackerslorna
Replied by quackerslorna on topic Refused PIP was on DLA middle care and low mobilty
Thanks Gordon, I have been working on the Medication question, here is some responses I came up with below, or im working on. They said in decision letter and I quote 'either manage medication or therapy or monitor your health condition unaided'. I did not get a copy of assessors report, I live in Northern Ireland so it may be different. I rang PIP today and they said to me 'did I consider having DLA evidence and I said yes OK.

Dear Pip Dept.
Below I have included more evidence of where I feel I should have scored points.
Please remember I live alone and there is no one to help although IT WOULD make all the difference if I had help:
Q5C Managing medication for my epilepsy:
Concerning managing medication, I should have scored at least 1or 2 points because I made it clear in the form that I used aids to help me with medication including tablet dosing box and phone alarm. Then I must switch phone off at times, so then I forget, then due to nausea and not always eating I cannot always take them. I take these tablets 3 times per day, I must take them every day. Plus, often due to weakness, forgetfulness and absolute debility of ME I often forget to take them all until afternoon, despite the alarms and I cannot remember how many I have took, this happened 4 days ago and it happens anytime throughout out the week. Today the 23rd despite alarms I forgot again to take them until afternoon. Please note due to the severe pressure I am under with this MR process I am not functioning well.
Sometimes when you are resting you are too weak and fatigued to get up and take them as well.

Q13D Going Out
Please note that I cannot go out anywhere unfamiliar and to add further to the answer I am not out more than an hour or so at the time. If I go out in taxi which I use every 2 to 3 wks. I suffer from weakness, fatigue and pain afterwards. Last Thursday the 15th afterwards all I could do was rest until I could eat a sandwich I had bought. Then later in evening it was a struggle to get around as legs were wobbly and jelly like, but I made it to bed. This was rest of day. Then due to taxi driver talking to me and noises outside that I faced it leaves me reluctant to communicate with anyone else, I can’t talk on phone for instance. Even if someone rang me I would have to let answer machine take it. All I want to do is lie down to rest.

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6 years 10 months ago #191905 by Gordon
Lorna

If your issue is only with your medication then you can only score for Descriptor (b) for one point.

Also they won't take any notice of a deterioration in your conditions since the Decision.

The Going Out activity only consider cognitive, mental health or sensory issues, the problems that you mention are all physical so I would not expect you to score. Also, being unable to go to somewhere unfamiliar is a navigation issue so your reasons for being unable to do this must be related to problems with you being able to do this.

Gordon

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