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PIP: DWP closed appeal

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2 years 8 months ago #270809 by anne3427
PIP: DWP closed appeal was created by anne3427
Applied for PIP and got standard DL & Mob. Despite appreciating that I was more fortunate than some who have to fight hard to even get this recognition of their difficulties, I felt that there were 4 activities which were incorrectly scored; reading, engaging with others, budgetting and planning and executing a journey. I therefore applied for MR.

To support the request for MR I compiled a 24 page document, organised into tabular form detailing each point of the assessor's PA4 in respect of these activities alongside my response, argued factually, with reference to numerous supporting documents including the DWPs own guidance (with which the assessor had not complied re focussing on a particular diagnosis and not explaining contradictions between her preferred evidence and the evidence of other medical professionals), the specialist medical evidence I had already submitted, communications from my health board confirming that they do not have a clinical pathway nor a programme of support for people with my difficulties (thus the assessor's pointing to my receiving no support was not conclusive that no support was needed), NICE and British Pharmaceutical Formulary guidance on the use of a class of drugs, the absence of which the assessor had relied upon to decide that I don't need support (the NICE and BPF guidance showed clearly that these drugs would not have been recommended for people withmy difficulties) and her reliance on my professional qualification and former occupation to dismiss my difficulties - despite the fact that my qualification and occupational history were prior to the event which caused my current difficulties. It took me the six or so weeks between receiving the PA4 until the MR deadline to compile this document as my difficulties mean that I have to go over and over documents repeatedly before I am able to absorb them - I was exhausted, stressed and depressed with what was, for me, a mammoth effort, even though I had relied heavily on the knowledge and assistance of others.

The MR was unsuccessful and I telephoned the DWP to find out why. To be fair the DM I spoke to had a really good attitude, was patient and understanding and agreed to speak to the DM who conducted the MR and come back to me. He was as good as his word, came back to me within the hour and explained that the conducting DM confirmed that she had read all the evidence and concluded that as I drive [I made it clear to the assessor that I only drive familiar journeys and only then when necessary on occasions when my husband is unavailable to drive me - in other words, rarely) I have no difficulties with any of these 4 activities.

Next step was to submit an appeal, which I did, keeping the reasons I disagreed with the decision really short and factual. I was dreading going to tribunal as I really don't communicate well in real time because of my cognitive difficulties - although I know I can put together a reasonably coherent argument in writing given enough time. However, it appears the case was looked at again by the DWP (letter from the Office Manager) who has awarded points on three of the activities resulting in higher rate for both DL and Mob and their closing the appeal. I still think they are wrong on the 4th activity - reading, if you have to go over and over a passage multiple times because of cognitive difficulty with processing then surely that goes to reliability even if visual working memory problems are also present and the guidance is that memory is not taken into account for this activity; surely the presence of a difficulty which is not taken into account should not also cancel out other problems which cause difficulty with reading regardless? Anyway, I'm not going to fight this any further, I'm stressed and exhausted with it, fighting further wouldn't change the award, I'd just be fighting in the hope of achieving a precedent on this point.

Thank you for your guides and the help I've had on this forum, I couldn't have done this without you.
The following user(s) said Thank You: Gary, SUE C C

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2 years 8 months ago #270825 by LL26
Replied by LL26 on topic PIP: DWP closed appeal
Hi anne3427,
Thank you for sharing your story. It is always interesting to learn about how PIP claims and or appeals are dealt with. Well done in achieving enhanced rate of both Daily Living and Mobility. Your persistence has clearly paid off!
Just to clarify a bit, when you have got sufficient points to gain enhanced rate DWP do not have to consider anymore descriptors.
I tend to agree with you that if you have to re-read something many times then you are unlikely to fall within the reasonable time prescribed by law. The reading descriptor requires both reading and understanding. As an example, if I have been told how to pronounce various French syllables but haven't learnt any actual words I might be able to persuade many people that I understand French because I can read a passage out loud correctly but I won't have a clue what it means. There is no point reading words unless they mean something, both elements are needed but DWP often forget this. In my opinion the DWP Assessment Guides are incorrect in saying that memory retention is not part of the test. I think it depends what the reading is about.(Communication descriptor has the same issue.) The assessment guides are NOT binding and do NOT always represent the law.
My view is that sometimes memory is important to indicate an acceptable standard or perhaps reasonable time etc. Being unable to recall where the fire exit is, or not recall the safety instructions on a household cleaning product or medicine could also have safely implications. However not recalling what time Coronation Street is on when you have read TV Times earlier may not be important or relevant to PIP.
This point has never been the subject of caselaw and it would be good to know what view the senior judges have in this respect. However this won't be something for you to deal with. Since you already have enhanced rate x 2 you wouldn't be able to appeal, as there is nothing to appeal! Where others haven't had such a good award, they may well need to appeal about this and we can see what happens.
Once again well done on your award.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: SUE C C, anne3427

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