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Would we be best to close our PIP claim then start a new claim later?

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2 years 9 months ago #269534 by NewClaim1
Hi

New to this site and claiming. My 16 year old daughter has PoTS and suspected CFS. We have received the daily living form but I'm now unsure whether we should close the claim and open a new claim once we have more evidence. Would this look bad? We have a few appointments still due (probably after the form is due back). She has been seen by the paediatrician and cardiologists and I have made her a gp appointment for this week as she hasn't seen them in about a year but I'm worried we won't have enough time to prove the effect on her daily life and it's stressing me out. I can't even get replies from the paediatrician quickly about blood tests let alone asking for letters to support PIP. The daily living form took just over a week from being issued to being received meaning we are short on time to gather all the info. I realise we could send any other evidence later or ask for an extension but I'm also worried as we had hoped we may manage to get her on holiday and that they will try asking for an assessment when we're away. Does anyone know how long assessments are taking at the moment and if we can postpone due to a holiday. Would having a holiday be seen to be wrong? Also when she does eventually have an assessment can I contribute as my daughter doesn't always take on what is being said particularly on the telephone. I am filling the form in for her as it would increase her fatigue.
Thanks

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2 years 9 months ago #269535 by greekqueen
Hi Newclaim1, an extension would definitely be useful as you wait, I don't think you need to start a new claim.

Asking for medical records or printing them off can also help, as can asking for a summary assessment printout from the GP's reception.

Claim is based on fulfilling the descriptors so as long as you can manage to do that well with some evidence this should suffice. There is help out there to fill the form out including charities, citizen's advice and local housing offices if you are with them.

The guides on Benefits and work site are invaluable for filling in PIP and other benefits, and I am sure they would be of use to you.

I would take that holiday, no reason why you shouldn't. There is quite a backlog at the moment of some months with PIP.

If your daughter does have to have an assessment you are allowed to be with her, or another companion.
Applying to be her appointee can also help, meaning you can speak on her behalf on all issues of benefits.


Good luck!

Greekqueen

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 9 months ago #269560 by denby
Hi NewClaim1, please have a look at the section in the Guide on diaries. Our adult daughter with CFS, Ehlers-Danlos [for which she had a POTs test which was inconclusive] won PIP. This was a big part of the evidence we presented. Last time she did not write it at all which is what I wanted to tell you.
As she lives some way away I tried daily to phone her and logged all the times and 'no-replies' etc to show how fatigued she is. Versus, as when well she would be chatty to me, Mum, how often she was not chatty even if she did answer. They take more notice of this self-created evidence than you might think, so I would start one straight away, after studying the descriptors to see what to mention. Remember the legally defined terms;

(a)safely;
(b)to an acceptable standard;
(c)repeatedly; and
(d)within a reasonable time period
ie if your daughter can only do any descriptor not ticking all 4 of those, it counts as her not being able to do it. Avoid words like 'mostly' but specify, so that it can be counted, eg if she can only shower twice a week or less, that counts as not showering at all because it is less than 50% of the week.
Best wishes,
Denby
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2 years 9 months ago #269561 by LL26
Hi NewClaim1,
There is no need to start a new claim. Get an extension if required. Follow the excellent advice given above. Don’t worry if you haven't got all the medical evidence you/your daughter can give the best evidence yourselves.
If DWP don't think there is sufficient evidence they will either ask for more evidence, or perhaps not award any/enough points. Whilst this might sound drastic, DWP often refuse cases even when there is very strong evidence. However at this point, you can write a letter to DWP asking for them to reconsider .(This is called Mandatory Reconsideration. ) You will have the opportunity to counter what DWP has said, and provide more evidence if you now have this. There is nothing wrong with doing this if you have to. Many people succeed at MR stage even if zero points have been awarded.
It is important to continue with a claim at this stage because your claim gets backdated from when you first contacted DWP asking for the form. Even if you need to do MR or appeal to a tribunal, if you succeed money us backdated right to the initial start point. You will lose this money if you stop this claim and restart!
Do the best that you can now, refer to the members guides. As Denby said don't use words like sometimes or often, because these can become meaningless and misconstrued by DWP. Be brutally honest, and don't be ashamed or embarrassed about writing things down. Unfortunately it is a very negative process. Denby mentioned the 4 criteria which need to be considered. All 4 apply. Be really sure about whether things can be done safely, does pain or breathlessness occur, this might indicate not acceptable standard. Disabled people often use complicated coping strategies to do things. Thing about how someone watching a fly on the wall documentary of your daughter performing PIP activities would react - would they say 'goodness me, she really needs help' if so it is likely at least one of the 4 criteria hasn't been met. She takes too long, she is so awkward in her coping mechanism, it looks painful, she looks exhausted etc etc these are the sorts of responses that indicate help.
Good luck.
Let us know how you get on.
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 9 months ago #269566 by denby
Dear NewClaim1, I'd just add to the other very constructive things in Greekqueen and LL26's replies, as soon as the assessment has taken place +48 hours, call for the assessment report PA4 if it was phone, PA3 if paper assessment. {this is where it's useful to give them a mobile number as they tend to text to say the report has been received, which you would not otherwise know if it was paper]. If refused try again.
Then go through the report-highlighter pens help- noting any point-losing, er, inaccuracies! You can then write in to 'The Decision Maker' ASAP coldly correcting the report, even before doing an MR. This was very effective for our daughter and saves immense hassle and delay if successful.
All that is likely well down the line from now as they are so behind even with new claims, but wanted you to know in case needed.
Best wishes again,
Denby
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2 years 9 months ago #269594 by NewClaim1
Thank you for the replies. I have called and they are extending the form date by 2 weeks. Hopefully that will give me a bit more time to answers all sections and gather some evidence. My daughter has an appointment with the GP this week (no idea who they are as we have a large hub surgery)and we also have a virtual Chronic Fatigue appointment before the form is due.
When I called for the extension they didn't make me put my daughter on this time. The person I spoke to said they can send forms out for me to be appointee. I'm a bit confused by whether I can be an appointee? On some days my daughter may be capable of dealing with some of these issues, she is bright and hoping she will be able to return to education in September to do Alevels although this will use all her energy. I currently feel that looking at any of this paperwork and making calls is too much for her and will fatigue her when that energy could be used for other things. Does it sound like I could be her appointee? Also when I've looked at the information about being an appointee it mentions someone coming to the house to decide. Is this happening at the moment as it wasn't mentioned on the phone.
I have started trying to keep a basic diary. My daughter didn't think she would remember to keep one.

Thank you for your help.

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