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Mandatory reconsideration help after this !!

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5 years 8 months ago #214814 by April
Got my mandatory reconsideration reply this morning which I still disagree with even stating that none of the musculoskeletal exam took place ,,,, they are still using this toward my physicality and I have stated with relevant information that I’m seeing a cbt practitioner ...ongoing with name and telephone number in my support letter ,,, a letter stating that I’d seen my surgeon after a fall .... stated I’d had a recent mri scan which is resulting in having surgery on my knee although I didn’t include this info and the same scan revealed hysterical fractures and sprain in my knee due to falls,,,, that I do not go out with out support from a family member my cerebral palsy condition n ow in later life unable to support weight on stairs for one makes me extremely anxious and distressed I am now taking antidepressants but apparently low level does not help me ,,,, so I’m just wondering should I jump today in my upset state of mind to go straight to appeal or leave it for a week or so ... I don’t know how to express myself further
My failing is that I understand my condition of cerebral palsy I’m 52 of course I can ,,, I’m articulate although my medication kept me off the ceiling as I suffer white coat syndrome .... and my mum brought me to the interview and kept me calm ,,, as everyone before interview I hadn’t slept for weeks I even stated I was terrified to the assessor on coming into the room ... my inability to walk on any day as a person with full mobility causes me stress and anxiety but this has been disregarded as I can make eye contact

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5 years 8 months ago #214815 by Gordon
April

So from your last post you have an Enhanced Daily Living award but only scored 10 points for Mobility. What did you score this for, Going Out or Moving Around?


Gordon

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5 years 8 months ago #214818 by April
10 for moving around
0 for outside as apparently even tho I’ve told them in mc cover letter that I’m having cbt counselling ongoing they did not address this point ,,, or the fact of my walking and stepping of curbs etc even with walking stick I have to have support or I just don’t go out
I’ve told them my musculoskeletal section 38sentences did not take place ,,they still refer to this as evidence ... I also distinctly when asked about walking ,,, my reply was I’m in constant pain I did not state I could walk for 1minute

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5 years 8 months ago #214823 by Gordon
April

So you have been scored for being able to reliably walk 20m-50m on the majority of days.

So can you show that your walking is limited to no more than 20m?

The Going Out activity looks at three things.

Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.

Undertaking a Journey - this is do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.

Following a route - This activity about the problems you would have navigating a route. So are there problems cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact if you cannot undertake a journey then you will not score points for following one and vice versa.

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

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

Gordon


Gordon

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5 years 8 months ago #214828 by April
I’m at my wits end I just don’t know how to do this even my cbt counsellor is telling me I have valid anxiety and stress pointers which are real to the point were im exhausted at the thought of walking out the front door because I can trip and fall which an mri scan recently is resulting in me having knee surgery but has told me I’ve got historical knee fractures and sprains which shown on scan
apparently low level

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5 years 8 months ago #214833 by Gordon

April wrote: I’m at my wits end I just don’t know how to do this even my cbt counsellor is telling me I have valid anxiety and stress pointers which are real to the point were im exhausted at the thought of walking out the front door because I can trip and fall which an mri scan recently is resulting in me having knee surgery but has told me I’ve got historical knee fractures and sprains which shown on scan
apparently low level


Although you refer to anxiety could this reasonably be described as "overwhelming psychological distress"? If not then you are unlikely to score for the Going Out activity.

Gordon

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

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