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received decision need help with mr please

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6 years 3 months ago #203713 by reds123
had my decision letter gone from high rate carers and low rate mobility to standard rate daily living for 3 years on 11 points, i intend asking for a mr as i got 2 points for preparing food and i feel i should have been awarded 4 points due to requiring supervision and assistance as i suffer with mental health problems and forget and get distracted even caused severe kitchen fire in past and my wife always supervises me in kitchen so i intend arguing this point . also with toilet needs i scored 0 points but suffer with ibs and diverticular disease with rectal bleeding, i use toilet wipes through out the day and also have a radar key for when i am out can these be classed as aids ? due to involuntary evacuation /leaking of the bowel or will they not be classed as aids even though i need them, also do i explain this on my reconsideration letter or just request the reconsideration then explain if i require an appeal, many thanks.

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6 years 3 months ago #203734 by Gordon
Replied by Gordon on topic received decision need help with mr please
BB

Remember for the Preparing Food activity you will need to show that you need supervision on the majority of days to score, you will also need to explain why you need the supervision, this includes the risk to you or others, the extent of the risk, why there is a risk and how often you are effected.

So following your example, do you fail to light a gas ring or forget that it is on? Is the risk to you of burning yourself or setting a pan on fire? IN the case of the latter why is this controllable by the use of an alarm to remind you to check the hob? What's the condition that cause this? Can you give examples of how your memory or attention problems manifest themselves in other parts of your life, do you have problems remembering to take medication?

You can certainly argue that the wipes should be considered as an aid, it will help a lot if they are prescribed or NHS issued rather something that you buy over the counter. Have you tried pads as an alternative, these are an accepted aid? I don't think that Radar key will be counted as an aid although you should still mention it.

Gordon

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

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6 years 3 months ago #203739 by reds123
Replied by reds123 on topic received decision need help with mr please
thanks gordon , i am waiting for the evidence they used like hc report and my gp report to come as i have requested the evidence they used then i will do my reconsideration letter. i am seeing gp friday so will mention the pads.

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6 years 3 months ago #204182 by reds123
Replied by reds123 on topic received decision need help with mr please
hi gordon, had the letter back today after i requested all the evidence they hold in relation to my pip claim , the letter states as requested please find enclosed a copy of all evidence used to make the decision on your claim including a copy of the AP report. the file includes copies of all evidence i sent and also the assessment report but they have not sent me a copy of the gp report they requested from my doctor, do you think they made the decision without waiting for the gp report and as it was not used they have not sent me a copy ,

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6 years 3 months ago #204203 by Gordon
Replied by Gordon on topic received decision need help with mr please
BB

If the GP report was not included then it implies that the Decision was made without it. It would do no harm to submit is again as part of your MR.

Gordon

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

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6 years 3 months ago #204228 by reds123
Replied by reds123 on topic received decision need help with mr please
hi gordon, a few more questions if you dont mind that i need clarification on for my mandatory reconsideration letter, 1) do i list each activity i dispute the dm decision in, like activity 5 toilet needs i dispute the award of 0 points as i believe i should have been awarded 2 points because (list reasons why) or do i just request the mr without explaining my reasons and save the reasons for any appeal. 2)do i request that incontinence pads should be considered as an aid even if they are not being prescribed due to my gp saying they are no longer available on nhs prescription but should be considered as required to carry out daily living, many thanks .bb

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