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6 years 6 months ago #197331 by lorraine d
Replied by lorraine d on topic DLA to PIP
HI Gordon, thank you for your quick reply. So should I ring tomorrow and ask for assessors report even though I havn't had the decision letter yet. yes, I will follow this up with a letter as well.

I will take a look at the guide as you suggest and if there is anything I don't understand or how to express myself in the MR I will be in touch again.

best wishes Lorraine d

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6 years 6 months ago #197332 by slugsta
Replied by slugsta on topic DLA to PIP

lorraine d wrote: . So should I ring tomorrow and ask for assessors report even though I havn't had the decision letter yet.
best wishes Lorraine d


Yes, you don't have to wait for the decision with PIP claims.

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6 years 6 months ago #197361 by lorraine d
Replied by lorraine d on topic DLA to PIP
Hi, Well I rang DWP today to ask for Assessors report. I spoke to a very nice and helpful man and he did tell me I had been awarded 10 points for mobility according to assessor I can walk half a length of a supermarket aisle 25 to 50 metres. Now at the assessment she did ask if I could walk half a supermarket aisle and I said no quite clearly and she replied oh, 20 metres then. She immediately went on to something else. On walking me to the reception area my knee did give way and i stumbled slightly and she did notice this.

The man I spoke to said to explain this on the MR letter and to say I do not agree with the assessors report on this distance. He did sound quite on my side with regard to this and said I must send in the MR and if there is no change then I should appeal. He said if I could get a doctors letter then that would be good but if not so be it.

So apparently I have standard for care and standard for mobility £77 per week. This is about what I get now only the other way round and the mobility part pays for the Motability car'

He said to wait for the report and the decision letter before asking for MR but also said there is a 4 week time limit from date of decision letter. I am seeing Ortho surgeon on the 29th and he will be writing to my doctor no doubt so could I send a copy of this letter with my MR.

The walking bit is so difficult as my doctor encourages me to walk a bit every day as she says it will stop my muscles from declining and has warned me that if I don't then I will end up in a wheelchair sooner rather than later.

Thanks for your help, lorraine d

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6 years 6 months ago #197362 by Gordon
Replied by Gordon on topic DLA to PIP
Lorraine

In regard to the distance you can walk.

You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.

Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.

The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.

If you walk slowly then it must take you at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.

You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.

I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?

You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide

www.benefitsandwork.co.uk/help-for-claimants/pip

So you need to explain what you can, how you are limited and why.

Gordon

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

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6 years 5 months ago #198548 by lorraine d
Replied by lorraine d on topic DLA to PIP
Hi, I asked for my medical report to be sent over 2 weeks ago, yesterday I rang DWP to ask where it was and was told that it had been actioned but not sent to me. The lady was apologetic and said she would print it off and send it first class that day. I also asked about an extension for the MR as the decision letter was dated 9th september. She said she would make a note of it, as it was their fault for not sending me the report earlier

I have not read the report and on the whole I agree with it although there are some omissions and inaccuracies.

She omitted to put that I take Leflunomide - a disease modifying drug, for Psoriatic arthritis. The side effects of which can be life threatening and I need to have blood tess every 3 months at the hospital. This drug suppresses my immune system and therefore I have little resistance to infections and viruses.

I take 2 kinds of strong painkillers - these make me feel drowsy and unmotivated. She put in her report that I said they make me feel nausous - I did not say this.

She said I wore slip on shoes - I said I could not wear slip on shoes as my feet, especially my left foot swells up and my shoes then do not fit. I told her I have only one pair of shoes I can wear and these have velcro fastening which my husband does up for me.

I am wanting a reconsideration on the moving around part of the award.

In the report the assessor said I could walk 25 to 50 metres. She specifically asked me if I could would the full length of a large supermarket ailse and I said no, she then asked if I could walk half an ailse and I also said no. Yet in the report she has put that I said I could walk half an ailse 25 to 50 metres.

She then said to herself more than me 20 metres then and moved on to another subject.

No mention was made of how many times I could walk this distance in one day or the affects of walking in pain makes me exhausted and unable to repeat it the same day.

I can walk more than 20 metres on some days when I have no choice - i.e. hospital appointments but the effort of doing so leaves me exhausted and unable to do anything else that day.

I don't know how to explain this in the MR though.

I do not feel safe walking as my knee gives way and I stumble and have fallen in the past. This did in fact happen when the assessor was walking me to the door and she did notice it but this was not mentioned in the report. I did put this in my PIP2 claim.

I have been having severe pain in my left knee and I had an x-ray and took the x-ray report to the assessment and gave it the her before she started the assessment. I also said my GP was requesting an urgent appointment with the knee clinic. I saw the consultant last week and I have to have a bone scan and I am waiting for the appointment for this.

No mention of the problem with my knee and the appointment with the knee clinic is
mentioned in the report. Should I mention this in the MR.

Do I have to phone the DWP to say I am wanting an MR or can I just send in a letter requesting an MR with my reasons.

Sorry this has been so long winded. Lorraine

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6 years 5 months ago #198571 by Gordon
Replied by Gordon on topic DLA to PIP
lorraine

There are no extensions available for submitting an MR, however, you can make a Late request for an MR if it is outside of the normal one month but will need to explain the delay in your making the request, a delay in your being sent the assessment report should be accepted as Good Cause,

Yes, you should mention the things form your post in your MR, but remember that you will only receive an award by showing that you meet the criteria for one, although the matters that you raise are important they do not specifically address the PIP criteria.

You can make the request for an MR by phone, but we still recommend sending in a written request.

Gordon

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