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6 years 4 months ago - 6 years 4 months ago #201395 by Johnandcaz
PIP was created by Johnandcaz
Well hear goes new member so thank you for being hear to assist me . My name is John I am hear on behalf of my wife Carol Ann ..Carol Ann was on high rate care low rate mobility for DLA ..she had her PIP assessment 3-4 weeks ago in Glasgow was very stressful for us both as the girl assessing Carol Ann had a supervisor in assessing her as well it lasted 2 hours .. today Carol Ann got her Brown Envelope awarding her standrd rate daily living and enhance rate mobility .but looking through the points system on her Daily living which she scored 9 points I think she should have got 26 minimum ... now Yes we are very grateful for the award but I hope you agree we think should have got enhanced rate on both sections ... Carol Ann had Fibromyalgia 18 years took Grand mal Epylepsy 8 yers ago to date 265 seazures only ever had a break of no seazures for 6 months also has sciatica since December last year and under investigation for ovarian problems probably requiring surgery in 4 month as surgeon not keen on surgery just now due to Epylepsy...here the points .. prep food 2 points ..eating and drinking 0..managing treatment/ medication 0?..washing and bathing 3..managing toilets 2..dressing and undressing 2..commununicating 0.??Reading 0?..mixing with other people 0?..making budgeting decisions 0? We’re there is a ?? Due to Carol Ann Epylepsy I don’t think they have took this into account ..medication if a wasn’t here she forget to take medication communication she forgets her chain of thought and forgets how to answer questions and gets adgitaited in company if Carol Ann reads a page of book she has to re read it as she forgot what she just read Carol Ann was a manager of a well known Bookmakers company but couldn’t give a answer on a 3/1 pay out on a bet never mind budget money a have to deal with all budgeting...I think I have grounds for a mandatory Reconcideration but need help but only if you think I have a legal case .. thank you John Collins [removed] if need phone me
Last edit: 6 years 4 months ago by Gordon.

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6 years 4 months ago #201399 by Gordon
Replied by Gordon on topic PIP
John

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

Welcome to Benefits and Work

I've removed your phone number from you post, we don't provide that level of support.

You say you are a new member, did you use our guides to complete your wife's PIP2 form?

Your wife may be eligible for more points, possibly enough for a higher award, but certainly not the numbers that you document in your post. I would start by having a look at our PIP Claim guide to understand the legal definitions of the criteria that she was assessed against. For example the Reading activity looks at your wife's ability to read and understand written information but it does not look at her ability to retain the information.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that is dealing with her claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

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

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that she meets the criteria, there are many reasons she may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that she walked 50m, she did but they have failed to document that she had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum 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 4 months ago #201407 by Johnandcaz
Replied by Johnandcaz on topic PIP
Thank you very much Gordon I will go through your advice there is a section on the PIP award My Decision and a explanation from the assessor on the assessment which looks about 80% fine she stated that at assessment her seazures do not affect her for the majority of the time ..this is my issue ...even though Carol Ann does not take seizures daily it’s obstructs her ability to go out as she might take a seazure at any time and did the government not do a U turn on epilepsy and PIP assessment quite recently ..thank you

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6 years 4 months ago #201418 by Gordon
Replied by Gordon on topic PIP
Johnandcaz

The PIP Claim guide covers the changes to the guidance on completing the PIP activities safely.

Gordon

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

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