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Dla to pip :(

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5 years 8 months ago #216507 by karen
Dla to pip :( was created by karen
I am new to this so please bare with me..

I had a F2F meeting at my home (not requested by me) I had spent the night terrified and had not slept in over 36 hours, I was still in 3 day old pjs... my house is modified for me, stair lift, bed guard, bath lift and all others. I struggle to wear anything on my feet as it causes severe pain.
just a few of my issues include complex regional pain syndrome of the left leg, copd stage 2, crohnes disease, hyperactive bowel and the issues that go with them and fibromyalgia... I have had in the past couple of years a few operations for various problems, and awaiting 2 more operations, I am also allergic to all morphine based medications, and codienes, and meds i do take i have to have antihistamine with. I struggle to raise my hands arms above chest level and struggle on bending heck the pain i have if i have had to sit on a floor is beyond trying to get up. anyways thats just a snippit.

I was on high rate mobility dla and low care, now they have given me 0 on both
the MA has ommited anything to do with my allergies to higher meds, omitted that SS and OT have put in place carers and telecare service, he has ommited about my falls or that i was in hospital the week before passing out.... not to mention the lies on my report he has told

He has copied and pasted most of the report, he goes over the same 4 things all the time, he has used part of the report i sent in but when he was here he had his laptop out for 10 minutes, he wrote a little on a pad which was writing down my medication... he asked if i left the house and i said only to hospital and told him hospital transport, he had me walk 4 paces barefoot and i was holding onto something doing it, he says i can walk 50 to 200 meteres... he has not put in anything whatsoever about how any of my issues affect me in the report, the spelling mistakes are terrible considering it's an official report, he joked about my anxiety and panic at leaving the house or getting in cars, car one is due to an rta a few years ago where i underwent cbt, he has not included this and said it didn't matter most drivers do that it doesn't count..... also didn't include when i leave the house i have to take things with me and everythign has to be meticulas to know where emergancy stop offs are........ in the report he insinuates i am fat, that i have no muscle weakness (hes taken the muscle weakness off a letter he asked to keep but reported it on my report as unsolicited, but that isn't for legs, thats a report for pelvic as I am in a lot of pain there) ... there is so much, he even blatantly lied about my reaching for something when in fact my daughter got it, we have a treadmill in the lounge and he said i used that when I didn't say that and I don't, I have a special foot plate that has a tens machine attached to it that i use to stimulate my muscles when sat down..

I am at a loss.... I didn't have any medical records as I didn't know i needed them as I was told that they used the Dla ones when making a decision. I have now approached the hospital for my records and will be speaking with my doctor.....

lies lies and just ohh so many lies

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5 years 8 months ago #216513 by Gordon
Replied by Gordon on topic Dla to pip :(
Karen

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

Welcome to Benefits and Work

Which of the PIP activities did you expect to score for?

What distance did you record you could walk?

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 dealt with your 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 you meet the criteria, there are many reasons you 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 I walked 50m, I did but they have failed to document that I 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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5 years 8 months ago #216517 by karen
Replied by karen on topic Dla to pip :(
I struggle to stand let alone walk the pain is intense, so expected to score high on mobility...
I need help dressing and undressing, get out of breath just bending over, I can't do cooking as pain in shoulders and I collapse without warning not just from dizzyness but from my ankle remembering torn ligaments......

I put that i can stand but only walk barefoot a few feet at a time, and if wearing my boot and brace outside it's agony transfering to the car or hospital transport and i release it as soon as i am sat as have no choice due to pain but then i get out of breath trying to do it up again.... he has not put in any of this..... he's put he was here an hour and 15 minutes, in fact he was only here around 50 minutes and in that time he spent writing down my prescription box names even though i had already put them in my form, he typed for approx 10 minutes and then wrote half a page on a pad.


I have the report already as i asked for it prior to the decision,

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5 years 8 months ago #216518 by karen
Replied by karen on topic Dla to pip :(
Ohh he put on the walking part that he saw me walk unaided........ without holding onto anything, I walked 4 steps only and in bare feet holding onto the fireplace turned around using treadmill arm and walked 4 steps back holding onto the same.

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5 years 8 months ago #216519 by Gordon
Replied by Gordon on topic Dla to pip :(
Karen

I think the DWP will argue that you can use suitable aids to Prepare Food and Dress and Undress, a perching stool will prevent you from collapsing and aids such as choppers will ease the problem with your shoulders, in the same way, there are aids that would mean you do not need to bend over when getting dressed.

DId you argue that you could not use aids like these on your form?

Do you do anything that argues against the distance that you can walk, for example; do you go shopping?

Gordon

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

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5 years 8 months ago #216525 by karen
Replied by karen on topic Dla to pip :(
I have complex issues many that i can't go into on here, but most times I can't even get out of bed, I have a perching stool but getting to and from it safely is another matter, I could use special choppers I guess but then I have to use pressure which hurts and i can only keep my upper arms level with my chest.... even toileting is a struggle..... I even get out of breath turning over in bed sometimes and now all this is happening my heart has started with palpatations again and i keep going dizzy, anxiety I think.... my mental health state has gone down hill also........ That MA asked me if I was suicidal, I said yes, he said does your doctor know and I said yes and he just grinned at me, that was the first thing he asked as he entered the room. The aids I use for dressing at the moment is my daughter and carers although I do try and I wear loose fitting clothing easy on and off.

As for shopping, nope haven't been able to go out shopping in years, I can just manage from my house to front of gate around 20 steps, very carefully and in great pain with an orthopiedic boot on left leg, brace and shoe on other leg and a crutch as due to pain can't use a 2nd crutch, even my elbows are painful one I previously had to have operated on...
Too be honest with a lot of my issues I don't even get dressed / changed it's very hard work, painful unless I have carers and my daughter

when I stand up the floor vibrates, my legs and feet are on fire, my left leg is constantly swollen around the ankle area and gets worse as the day goes on, I have to use Ice packs some of the time but a fan on constantly at night, I can only sleep on one side which is causing caluses on the ankle of my good leg which then get infected, this year alone I have had pnemonia and 2 chest infections..... and when i go into hospital they struggle to medicate me due to my allergies to medication

I am so sorry to rattle on I could just cry at the moment if only you could see how i live... this Ma has insinuated I am fat in the report, grinned when I explained I am suicidal, this is when I am not coping with the extreem pain I am in. laughed off my panic at getting into a vehicle and decided that it wasn't pain and my doctors suggestion that stopped me driving but my choice

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