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Help, PIP decision maker ringing me back tomorrow

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3 years 1 month ago #266756 by Rebecca01*
I really hope this makes sense as I said in my heading the decision maker is ringing me back in the morning and I’m really confused about what he’s asking me. The decision maker rang me around 6:30 this evening. I sent my review back to the start of September, had my assessment on the 20th of December and received a copy of my assessment a few days ago ( my assessment is actually pretty fair and accurate and I have no qualms about anything she said, I must’ve been lucky and got a good assessor) The decisionmaker rang me because he said they are looking at extending my award but there is a few issues that they need answers to in regards as to when any extended payments will start. He said the two questions he is looking at is washing and bathing and preparing a meal. I explained in my assessment that my son does all the cooking, we mainly have easy microwaveable type stuff , If he does do anything in a plan I sit on the perching stool and observe but he is 16so is capable. He chops up anything that needs cutting up for me, I have my adapted cutelry, I tend to eat things like pasta or rice dishes that I can use the spoon for. All of my answers to this descriptior are the same back in 2019 when I was first awarded PIP, however, back then the nurse that did my assessment said she believed I could make a small meal unaided ( I can explain the reason she gave for her daft decision but it will be quite long and this post is already very long!) I do not use the bath, I had an OT Assessment back in 2019 and the occupational therapist recommended an electric bath chair that goes up and down but because this is a new build the bath was too narrow. I was awarded a bath bench instead. I only use this occasionally as it’s extremely hard still to get on and off and can only use as long as my son remembers to the shower head down in the bath and if my hair needs washing I sit on this bench fully clothed and he shampooed my hair for me with the showerhead. Most of the time I wash downstairs in the cloakroom type downstairs loo at the little sink whilst perched on the toilet seat lid. Again, all of this was the same back in 2019 . He was basically asking me when my condition worsened or if it has just got slowly and progressively worse. I did admit to him (not sure if I should’ve done) that my inability to make meals or wash and dress is the same as it was back in 2019 but unfortunately my assessor thought otherwise. I told him I was too scared to contest what she had said and back then I didn’t even know I could contest it anyway. Will I be penalised or get into trouble for not contesting what this nurse said two years ago? He basically said my answer will determine whether they pay my change of circumstances from the day the decision is made e.g. tomorrow or whether the money will be paid back dated. I’m really confused as what to say to him because if I say on the phone my condition has not changed will he base that on what the nurse said back in 2019 or will he base his answer on what I said in 2019? Basically I should’ve been getting the higher rate of daily living for the last two years, I know I should have but like I say I was too scared to contest it.

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3 years 1 month ago #266757 by BIS
Hi Rebecca01*

No one can be penalised for not contesting an award. Lots of people don't put in for a mandatory reconsideration. Sometimes they are like you and they don't know they can, some don't because they are afraid of their award being downgraded and some don't because they are not well enough. So you are not alone in not challenging a previous award. Just explain as you have done here that you disagreed with it at the time. You can only explain to the decision-maker as you have done here.

Good luck.

BIS

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

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3 years 1 month ago #266763 by Rebecca01*
Replied by Rebecca01* on topic Help, PIP decision maker ringing me back tomorrow
Thank you. So hopefully as long as I stress that ‘everything is the same as what ‘I’ said back in 2019’ and not ‘everything is the same as what SHE said back in 2019’. I was just panicked that I was being tricked and if I said no, my health condition hasn’t really worsened it’s the same as my last claim then they’d go with the nurses wrong answers two years ago ! He did say that my answers will dictate wether my new award is paid from his decision tomorrow or wether it will be backdated but how long will they bank date it? To when they received my form back in September, when my original claim ended in October, when the covid extension ends in February or right back to the start of my claim in October 2019 when that nurse should not have said I can do these things that I can’t do? He’s put pressure on mute lung me that my answers will determine when my award will be paid from!
I also wondered if the GP factual report? Apparently they wrote to my GP for extra information and my assessor mentioned GP factual report a lot in her write up of the assessment.

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3 years 1 month ago #266769 by Gary
Hi Rebecca01*

Do you have a copy of the assessors report, if you do go through it with a highlighter high lightening any inaccuracies.

You can then set out what is incorrect and why it is incorrect. You can't say that you disagree with what the assessor wrote, you need to explain why you disagree with what has been written.

Quite often on the forum we hear from members that the assessors wrote they were not under a mental health specialist but if you are receiving medication for anxiety or depression then you are receiving mental health treatment.

Gary

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