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Should I have persevered and is there anything I can still do?
- Juliefaz
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2 years 8 months ago #269959 by Juliefaz
Should I have persevered and is there anything I can still do? was created by Juliefaz
Hello
Not sure what to do here but here goes:
I had to finish work on 01.04.21 due to chronic pain and stress I was having at work. I had no idea what I was going to do as I still had 5 years until getting my state pension. People said I should try claiming PIP but it never entered my mind until I joined Benefits and work in June. Still I lingered but then on reading up I thought that I should stand a chance of getting something. I fully expected that as I struggled so much with waling that I would get mobility allowance.
A brief history:
I have suffered with Arthritis in my spine for approx 40 years now but was diagnosed with Osteoarthritis in both hips in 2016 with the right one being significantly worse and according to the Doctors I would need a replacement. However I finally got to see a Specialist in August who was not sure it would improve things because of the back and other issues. I was told I would have to have a further test with a follow up phone call to see how it went. It turns out I was missed off the list and after chasing up I finally got an appointment in April and am awaiting a phone call. IN the meantime I am in constant pain in my hip which restricts all I do. Also my Doctor said that the pain I have in my knees, legs and ankles is due to the arthritis. He is not willing to change dosage on my meds or look at trying something different so I just feel in limbo.
In July I finally managed to get a blue badge and a bus pass which helps a lot and I am grateful for. I finally applied for PIP in the September. I took note of the help and advice on this site but did not have much in the way of back up but thought I had explained myself well enough. I had a telephone conversation in the December which I felt went well. I received a letter from DWP early in January 2022 and received a back payment and my first PIP at the end of January. I was awarded £60.00 a week for Daily Living which is great but I think I was a few points short of the next tier and I did not get many points if any for mobility. As I was able to get to the bus stop and travel on a bus etc I was excluded. The questions seem so ridiculous especially as planning a route took up so much of the %. I was deterred from questioning the decision as I had heard others say that they lost out altogether and at least I get something.
I am in constant pain to varying degrees. I do not go out much especially on my own and even pottering around at home can be really difficult. I struggle with every day tasks as I cannot stand for long periods or bend etc.
I still wonder if I should have challenged it? If I do get worse before the renewal then would I be able to do a further claim to see how I get on or is that it until I get contacted next time..
Any advice is appreciated. I have to say that this is a really informative site and so glad I came across it.
Not sure what to do here but here goes:
I had to finish work on 01.04.21 due to chronic pain and stress I was having at work. I had no idea what I was going to do as I still had 5 years until getting my state pension. People said I should try claiming PIP but it never entered my mind until I joined Benefits and work in June. Still I lingered but then on reading up I thought that I should stand a chance of getting something. I fully expected that as I struggled so much with waling that I would get mobility allowance.
A brief history:
I have suffered with Arthritis in my spine for approx 40 years now but was diagnosed with Osteoarthritis in both hips in 2016 with the right one being significantly worse and according to the Doctors I would need a replacement. However I finally got to see a Specialist in August who was not sure it would improve things because of the back and other issues. I was told I would have to have a further test with a follow up phone call to see how it went. It turns out I was missed off the list and after chasing up I finally got an appointment in April and am awaiting a phone call. IN the meantime I am in constant pain in my hip which restricts all I do. Also my Doctor said that the pain I have in my knees, legs and ankles is due to the arthritis. He is not willing to change dosage on my meds or look at trying something different so I just feel in limbo.
In July I finally managed to get a blue badge and a bus pass which helps a lot and I am grateful for. I finally applied for PIP in the September. I took note of the help and advice on this site but did not have much in the way of back up but thought I had explained myself well enough. I had a telephone conversation in the December which I felt went well. I received a letter from DWP early in January 2022 and received a back payment and my first PIP at the end of January. I was awarded £60.00 a week for Daily Living which is great but I think I was a few points short of the next tier and I did not get many points if any for mobility. As I was able to get to the bus stop and travel on a bus etc I was excluded. The questions seem so ridiculous especially as planning a route took up so much of the %. I was deterred from questioning the decision as I had heard others say that they lost out altogether and at least I get something.
I am in constant pain to varying degrees. I do not go out much especially on my own and even pottering around at home can be really difficult. I struggle with every day tasks as I cannot stand for long periods or bend etc.
I still wonder if I should have challenged it? If I do get worse before the renewal then would I be able to do a further claim to see how I get on or is that it until I get contacted next time..
Any advice is appreciated. I have to say that this is a really informative site and so glad I came across it.
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- BIS
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2 years 8 months ago #269961 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Should I have persevered and is there anything I can still do?
Hi Juliefaz
I can't tell you whether or not you should have challenged the decision and put in for a mandatory reconsideration (MR) at the time because that is something every claimant has to decide for themselves. However, if you want to challenge it, you still can, by putting in for a late mandatory reconsideration. You have to give a reason and many people say they didn't put one in for one at the time because they were not well enough or didn't understand the system and this is generally accepted.
You said that you used the guides, but I wondered whether you put in sufficient information about the reliability and safety of your condition. These are key when trying to describe the amount of pain you are in and what a debilitating effect it has on your mobility. I'm not an assessor, but I do have loved ones with osteoarthritis and know that they cannot do things as quickly as someone without the condition and are unable to do many of the tasks under the PIP criteria in a timely or safe fashion. I hope you got your assessment report (PA4) which should have explained why you didn't score anything for mobility. The fact that you can travel on a bus does not automatically mean you should not be awarded anything for mobility. Could you get to the bus stop easily? is there a danger of you falling? Do you have to stop for a rest? Would it be easier if you had help (even if you don't currently have it)?, Do you use a stick? Does the pain slow you down? Do you find yourself getting breathless due to the pain?
These are the sort of things that impact on your mobility as you know and you need to make sure that you have explained all that. Unfortunately, you are not alone in finding that an assessor has no idea of the impact that it has on your life. It sounds as if you had a nice assessor who listened, but then you have been penalised!
You can put in for the mandatory reconsideration. There is always a small risk that you could lose your award, but I have only known that happen to a couple of people who cases were unusual. The majority of people find that their award just stays the same.
Your other choice is to leave it and if your condition deteriorates further you can apply for a change of circumstances and your review will be brought forward. You would have to provide evidence of things getting worse and you will be asked to complete a review form. You may have to have another assessment. They can take a while to process but the money would be backdated to the date of your letter informing them of a change in your condition.
So I can't tell you exactly what you should do, but I hope that I have given you an option to think about. it's always worth going back to the guide and looking at the information for putting in a mandatory reconsideration or a change of circumstances. benefitsandwork.co.uk/guides-for-claimants/pip
Come back if you have any further questions and we will try and help.
BIS
I can't tell you whether or not you should have challenged the decision and put in for a mandatory reconsideration (MR) at the time because that is something every claimant has to decide for themselves. However, if you want to challenge it, you still can, by putting in for a late mandatory reconsideration. You have to give a reason and many people say they didn't put one in for one at the time because they were not well enough or didn't understand the system and this is generally accepted.
You said that you used the guides, but I wondered whether you put in sufficient information about the reliability and safety of your condition. These are key when trying to describe the amount of pain you are in and what a debilitating effect it has on your mobility. I'm not an assessor, but I do have loved ones with osteoarthritis and know that they cannot do things as quickly as someone without the condition and are unable to do many of the tasks under the PIP criteria in a timely or safe fashion. I hope you got your assessment report (PA4) which should have explained why you didn't score anything for mobility. The fact that you can travel on a bus does not automatically mean you should not be awarded anything for mobility. Could you get to the bus stop easily? is there a danger of you falling? Do you have to stop for a rest? Would it be easier if you had help (even if you don't currently have it)?, Do you use a stick? Does the pain slow you down? Do you find yourself getting breathless due to the pain?
These are the sort of things that impact on your mobility as you know and you need to make sure that you have explained all that. Unfortunately, you are not alone in finding that an assessor has no idea of the impact that it has on your life. It sounds as if you had a nice assessor who listened, but then you have been penalised!
You can put in for the mandatory reconsideration. There is always a small risk that you could lose your award, but I have only known that happen to a couple of people who cases were unusual. The majority of people find that their award just stays the same.
Your other choice is to leave it and if your condition deteriorates further you can apply for a change of circumstances and your review will be brought forward. You would have to provide evidence of things getting worse and you will be asked to complete a review form. You may have to have another assessment. They can take a while to process but the money would be backdated to the date of your letter informing them of a change in your condition.
So I can't tell you exactly what you should do, but I hope that I have given you an option to think about. it's always worth going back to the guide and looking at the information for putting in a mandatory reconsideration or a change of circumstances. benefitsandwork.co.uk/guides-for-claimants/pip
Come back if you have any further questions and we will try and help.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Juliefaz
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2 years 8 months ago #270006 by Juliefaz
Replied by Juliefaz on topic Should I have persevered and is there anything I can still do?
Thank you so much for listening and the advice. I did actually put all that info down regarding getting to the bus stop. I use a stick, have to stop due to the pain and breathlessness etc. I do hold on to hubby for balance etc.
At least I know that I can still do something and am indebted for the advice
Thank you
Julie
At least I know that I can still do something and am indebted for the advice
Thank you
Julie
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- AliBee
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2 years 8 months ago #270022 by AliBee
Replied by AliBee on topic Should I have persevered and is there anything I can still do?
Bear in mind that you can’t be given an increase in the mobility part of your award after you’ve reached pension age, so if you think you’re eligible you need to have a review before then.
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