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Smoke and Mirrows
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5 years 8 months ago #216226 by Seagull
Smoke and Mirrows was created by Seagull
Hi All
Just got my wifes report back from face to face.32 years ago my was in a bad car crash left side of her body very badly injured.Which has left her severly injured dla lifetime award at 90% disablment.22 opertions later to hold her body together and still under 5 consultants.We submit loads of hospital reports consultants letters and a fantastic letter from our GP.The report is a pack of lies from start to finish and my question is we have not had the result yet am I wise to involve my MP before the result as we are so angry and want to try and bring the HP to account.Also is it wise to report her to Atos at this stage.
Just got my wifes report back from face to face.32 years ago my was in a bad car crash left side of her body very badly injured.Which has left her severly injured dla lifetime award at 90% disablment.22 opertions later to hold her body together and still under 5 consultants.We submit loads of hospital reports consultants letters and a fantastic letter from our GP.The report is a pack of lies from start to finish and my question is we have not had the result yet am I wise to involve my MP before the result as we are so angry and want to try and bring the HP to account.Also is it wise to report her to Atos at this stage.
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5 years 8 months ago #216253 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Smoke and Mirrows
Seagull
There is little that your MP can do at the moment unless they have a personal interest in assessment reports and the comments made in them.
Even when a Decision has been made there will still be little more assistance that they can provide unless you also make a complaint to the Assessment Provider.
ATOS (IAS)
www.mypipassessment.co.uk/feedback/
You don't mention how many points have been recommended, or not, in the assessment report?
Gordon
There is little that your MP can do at the moment unless they have a personal interest in assessment reports and the comments made in them.
Even when a Decision has been made there will still be little more assistance that they can provide unless you also make a complaint to the Assessment Provider.
ATOS (IAS)
www.mypipassessment.co.uk/feedback/
You don't mention how many points have been recommended, or not, in the assessment report?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 8 months ago #216325 by Seagull
Replied by Seagull on topic Smoke and Mirrows
Thanks Gordon calmed down abit getting thinking head on it beggers belief that DWP can get away with treating people like this
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5 years 7 months ago #217771 by Seagull
Replied by Seagull on topic Smoke and Mirrows
Advice please.Got my wifes award back from DWP after many phone calls.Mobility told us over 2 weeks before car had to go back.
13 points for daily living so ok got enhanced for that surprised as it was full of untruths but happy to get 13 points.
Big problem with mobility only got 4 points.The HP states in her report that my wife walked at a slow pace with normal gait using walking stick reduced power of both legs and normal hip movment.and thats it.What is not mentioned is I have to lift my wife up and help her find her balance as she can not stand up or sit on her own.No distance was stated it was less than 20mts no time was stated only she walked slowly.My wife stated tp HP at the lift thàt she needed to rest again not mentioned.Lowered into seat in assement room by myself.Nothing is said of a 1 inch sortage in her left leg and altered gait.When told that she has osteochondral damage in her knee the Hp admitted she did not know what it was also just been diagnosed with athrites in her foot and ankle I could go on about hip problems pelvic problems lower back problems again all of the above not mentioned in report and every thing above is backed up in black and white by consultants and GP.HP even states that I have to lift her up down for toilet needs and bathing am I wise to point this out or could it be turned around so to speak.Finally it may seem a small point HP states that my wife used a stick when in fact it was an elbow crutch a stick would be of little use for support compered to a elbow crutch.and to finish the medical examantion she gave my wife took 20 seconds and she did not move from her seat yet the way it wriitten in the report you would think it would have taken 2hrs to do.Any advice on best way to challenge at mandatory considertion would be helpful.Forgot to mention my wife is in constant pain when moving again not mentioned in report.
13 points for daily living so ok got enhanced for that surprised as it was full of untruths but happy to get 13 points.
Big problem with mobility only got 4 points.The HP states in her report that my wife walked at a slow pace with normal gait using walking stick reduced power of both legs and normal hip movment.and thats it.What is not mentioned is I have to lift my wife up and help her find her balance as she can not stand up or sit on her own.No distance was stated it was less than 20mts no time was stated only she walked slowly.My wife stated tp HP at the lift thàt she needed to rest again not mentioned.Lowered into seat in assement room by myself.Nothing is said of a 1 inch sortage in her left leg and altered gait.When told that she has osteochondral damage in her knee the Hp admitted she did not know what it was also just been diagnosed with athrites in her foot and ankle I could go on about hip problems pelvic problems lower back problems again all of the above not mentioned in report and every thing above is backed up in black and white by consultants and GP.HP even states that I have to lift her up down for toilet needs and bathing am I wise to point this out or could it be turned around so to speak.Finally it may seem a small point HP states that my wife used a stick when in fact it was an elbow crutch a stick would be of little use for support compered to a elbow crutch.and to finish the medical examantion she gave my wife took 20 seconds and she did not move from her seat yet the way it wriitten in the report you would think it would have taken 2hrs to do.Any advice on best way to challenge at mandatory considertion would be helpful.Forgot to mention my wife is in constant pain when moving again not mentioned in report.
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5 years 7 months ago #217776 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Smoke and Mirrows
Seagull
Sorry if this is a bit long-winded
The legal requirement is that the claimants can reliably stand and then move on the majority of days.
“Stand” means stand upright with at least one biological foot on the ground.
However, with the exception of (d) and 10 points, all of the Moving Around Descriptors refer to "aided or unaided" where “Aided” means with –
(a) the use of an aid or appliance; or
(b) supervision, prompting or assistance.
and assistance means "physical intervention by another person and does not include speech;"
So although I think you should mention that your wife needs assistance to stand you should not expect to score higher due to this.
Ultimately, the Moving Around activity is about the distance that can be walked.
Things to consider;
She is not required to walk pain-free but any pain that restricts the distance that she can walk should be taken into account.
Specifically for the Moving Around activity, if she is able to walk but she is in severe pain when doing so, then you can argue that her walking is not to a necessary standard and should be disregarded.
If she walks 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 her walking but could also be the result of having to stop.
She must be able to repeat the distance, so if she could walk it once but is not then be able to walk it again within a reasonable timescale then she should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show her walking is more restricted but things you need to think about is what you can't do, for example; what can she walk in your house, how far is the toilet from where she normally sit, things that will count against her are any trips that she 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
Sorry if this is a bit long-winded
The legal requirement is that the claimants can reliably stand and then move on the majority of days.
“Stand” means stand upright with at least one biological foot on the ground.
However, with the exception of (d) and 10 points, all of the Moving Around Descriptors refer to "aided or unaided" where “Aided” means with –
(a) the use of an aid or appliance; or
(b) supervision, prompting or assistance.
and assistance means "physical intervention by another person and does not include speech;"
So although I think you should mention that your wife needs assistance to stand you should not expect to score higher due to this.
Ultimately, the Moving Around activity is about the distance that can be walked.
Things to consider;
She is not required to walk pain-free but any pain that restricts the distance that she can walk should be taken into account.
Specifically for the Moving Around activity, if she is able to walk but she is in severe pain when doing so, then you can argue that her walking is not to a necessary standard and should be disregarded.
If she walks 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 her walking but could also be the result of having to stop.
She must be able to repeat the distance, so if she could walk it once but is not then be able to walk it again within a reasonable timescale then she should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show her walking is more restricted but things you need to think about is what you can't do, for example; what can she walk in your house, how far is the toilet from where she normally sit, things that will count against her are any trips that she 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
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5 years 7 months ago #217810 by Seagull
Replied by Seagull on topic Smoke and Mirrows
Thanks Gordon
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