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PIP renewal success with discrepencies

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5 years 6 months ago #219643 by Lizt11
I posted back in May to say that I had, had PIP renewal success but with reduced points from my previous assessment but remaining on the same level of PIP so I was not going to ask for a mandotary reconsideration.

I also said that I was going to ask for a subject access request. Which I had done on the 26th April. It took a lot of chasing to obtain this subject access request and ended up with the involvement of my local MP in order to obtain this.
I eventually got the information at the end of July/ beginning of August.

In the Health Professionals (ocupational therapist) report from the face to face assessment on the 16th April 2018 the assessor stated that he had read the educational psychologists report that was used in supporting evidence. This report states that I have problems with my working memory.
The Health professional stated in his assessment that I did not need prompting to answer any of his questions in the assessment and therefore I did not need any prompting to take my medications or any help to put them down my feeding tube.
In light of some of the cases you have recently talked about can they say this.

He also stated that he had both not examined my right wrist and also examined it and it had full movement. My wrist was in a splint having broken my schaphoid (bone at wrist/thumb). As a result of this I was unable to flush my feeding tube or put any medication down it and my neighbour was doing this for me. He also stated that because I could push myself in my wheelchair into the consultation room that I had enough grip to be able to flush my feeding tube myself. It is a very different movement however and the feeding tube can also easily block.
As a result of this I lost points both on medication/ treatment and on the fact that I got points on having a theraputic source to take nutritian rather than having assistance with my feeding tube.
How can they possibly argue this when some proof was given about the problems.

He also stated that I did not have incontinance because I was not under a specific incontinance team despite having been under urology in the past and having it diagnosed by them. Can they just presume this?

The final point was he did not mention my diabetic neuropathy in a lot of the questions where I had told him that I was unable to do things for example I am unable to stand for long periods of time because my legs will buccle from underneath me and so I have to use a pearch stool to be able to cook/ wash myself. He did however put in that I have constant dizzyness from my postural hypotension and constant fatigue from mainly my gastroparisis (fed peg-J) but other conditions as well such as neuropathy which causes constant pain and so lack of sleep.

He also claimed that I was able to walk safely but was reluctant to even stand as I did not have my crutches with me. I was quite happy to stand or walk to the examination couch but he tried to stop me doing it. He also stated that as I was doing physio exercises to help prevent further deteriation with my mobility (but it will not improve it as diabetic neuropathy is a degenerative condition) that my mobility could improve in a year and a half. Anyone who sees me walking can tell that I am unsafe when I walk and should be using my wheelchair more than I do.

How would be best to go about informing the DWP about this when it comes for reassessment in Oct 2019 as I wish to be able to prove that it was incorrect but not be horrible about and show why I disagree with their original decision but did not want to put a mandatory reconsideration in as I still remained on the level of PIP that I had previously been on although only just as am now on 12 points for daily living and remain on 4 points for mobility despite my mobility deteriating significantly. A friend said I should get mandatory reconsideration on mobility grounds but did not want to do that. Someone else I know has standard mobility for neuropathy and nothing else so how does it work when my mobility is significaqntly worse than theirs. Thank you in advance for your help.

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5 years 6 months ago #219663 by Gordon
Replied by Gordon on topic PIP renewal success with discrepencies
lizt

There is no easy answer to this, whilst a reassessment should look back at the documentation from your current award it also stands alone as a review of your limitations at that future date and as such the issues in the original report are not relevant.

I'm afraid I don't think much weight will be attached to your pointing out errors in a report which by the time you do it will be at least 18 months old.

Your best approach is to explain the problems you have with each PIP activity at the time that a reassessment is done.

Gordon

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

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5 years 6 months ago #219674 by Lizt11
Replied by Lizt11 on topic PIP renewal success with discrepencies
Hi Gordon,
Thank you very much for your reply it is really helpful and appreciated. I will explain the problems I have next time.

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