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Mandatory decision
- Caz1
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2 years 7 months ago #271146 by Caz1
Mandatory decision was created by Caz1
Hi I’m new to the site, I have got a query, would be good if the same has happened to them
I’m 66 and work part time I have been on PiP since 2016, I sent all my x rays and report from a consultant at the time
They showed that I had severe osteoarthritis in both knees and total loss of cartilage in both knee’s, I also have it in both hips and spine, I take lots of pain relief for it
I was awarded standard rate for both care and mobility
In the past 2 years I have now been diagnosed with high blood pressure and also put on statins as the doctor said he thinks I am high risk for cardiovascular disease, I now have 16 items on my prescription
Last September my mobility had got worse over a good 12 months, I have to use 2 sticks if I did go out, my car hurt me to drive as it’s a manual, I am using 2 sticks to get about at home
I phoned DWP to report that my mobility has got a lot worse, they said they would send a form to fill in, this was in September
They sent the whole form to fill in which I did and sent it off, I didn’t hear anything from them until March, then got a letter to say I had to have a telephone assessment
I had this assessment in April, a few weeks later I got the decision that I still had standard for mobility and nothing for care
I was so upset about it, I phoned them up
and a lovely lady answered
I explained what had happened and told her they have given 0 points for 2 descriptors and that my condition is the same for them, if not worse, she asked if I wanted to ask for a MR, I said yes of course, anyway she said do you want to do it now
She asked what the descriptors were, and then filled them in for me
I phoned DWP and asked for a copy of my assessment which they sent
I can’t believe what the assessor has put, just lies on some of them, she kept referring to 2015 when I was diagnosed with OA and it was really bad then
So I phoned on Monday and asked if I could add something to my MR
I told them that she is basing all her answers on my 2015 report and, it’s degenerative so it’s gradually got worse over the past 7 years, I haven’t had anymore x rays because my doctor has never mentioned it and I live life accordingly taking lots of medication
I’ve not heard from them yet so I don’t know if they have changed it back to standard
They said it could be up to 12 weeks, I think it’s 6 weeks now I’ve been waiting
They put what I used to get from them every month down straight away
I wasn’t sure if you still got paid till it was all over
I will also miss out on the £650 from the government, I don’t know what to think anymore, I can’t go for more X-rays on all of my joints, it’s not good for you lots of x rays and I think my body is bad as it
I did get 6 points for care, so was 2 points short of the 8 but 5 short of what I was before
The mobility descriptor used to have 3 answers, there was 4 on mine
Would appreciate any of your help with this
Kind Regards caz59
I’m 66 and work part time I have been on PiP since 2016, I sent all my x rays and report from a consultant at the time
They showed that I had severe osteoarthritis in both knees and total loss of cartilage in both knee’s, I also have it in both hips and spine, I take lots of pain relief for it
I was awarded standard rate for both care and mobility
In the past 2 years I have now been diagnosed with high blood pressure and also put on statins as the doctor said he thinks I am high risk for cardiovascular disease, I now have 16 items on my prescription
Last September my mobility had got worse over a good 12 months, I have to use 2 sticks if I did go out, my car hurt me to drive as it’s a manual, I am using 2 sticks to get about at home
I phoned DWP to report that my mobility has got a lot worse, they said they would send a form to fill in, this was in September
They sent the whole form to fill in which I did and sent it off, I didn’t hear anything from them until March, then got a letter to say I had to have a telephone assessment
I had this assessment in April, a few weeks later I got the decision that I still had standard for mobility and nothing for care
I was so upset about it, I phoned them up
and a lovely lady answered
I explained what had happened and told her they have given 0 points for 2 descriptors and that my condition is the same for them, if not worse, she asked if I wanted to ask for a MR, I said yes of course, anyway she said do you want to do it now
She asked what the descriptors were, and then filled them in for me
I phoned DWP and asked for a copy of my assessment which they sent
I can’t believe what the assessor has put, just lies on some of them, she kept referring to 2015 when I was diagnosed with OA and it was really bad then
So I phoned on Monday and asked if I could add something to my MR
I told them that she is basing all her answers on my 2015 report and, it’s degenerative so it’s gradually got worse over the past 7 years, I haven’t had anymore x rays because my doctor has never mentioned it and I live life accordingly taking lots of medication
I’ve not heard from them yet so I don’t know if they have changed it back to standard
They said it could be up to 12 weeks, I think it’s 6 weeks now I’ve been waiting
They put what I used to get from them every month down straight away
I wasn’t sure if you still got paid till it was all over
I will also miss out on the £650 from the government, I don’t know what to think anymore, I can’t go for more X-rays on all of my joints, it’s not good for you lots of x rays and I think my body is bad as it
I did get 6 points for care, so was 2 points short of the 8 but 5 short of what I was before
The mobility descriptor used to have 3 answers, there was 4 on mine
Would appreciate any of your help with this
Kind Regards caz59
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- Gary
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2 years 7 months ago #271306 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Mandatory decision
Hi Caz1
There is a small window for you to write to the Decision Maker but you will need to be quick.
Now you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Don't forget we have a very comprehensive PIP guide. If you look through that, it will give you some idea of how you might answer questions.
benefitsandwork.co.uk/guides-for-claimants/pip
Gary
There is a small window for you to write to the Decision Maker but you will need to be quick.
Now you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for a MR and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Don't forget we have a very comprehensive PIP guide. If you look through that, it will give you some idea of how you might answer questions.
benefitsandwork.co.uk/guides-for-claimants/pip
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denby
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2 years 7 months ago #271315 by denby
Replied by denby on topic Mandatory decision
Dear Caz1, just to put your mind at rest a little on the medical side, X-ray doses are much lower than they used to be decades back, and if the doctor thought new ones were worth having it would not likely be a problem. I've had an enormous number due to having brittle bones . Actually what you do need to be wary of is the long term effects of some of the pain meds; it could be worth asking your doctor for a pain clinic referral as they are the experts.
About your claim, please do not let them get away with fobbing you off, we are all backing you here and will do our best to support you. If your MR does not change the award please please do not give up, this is just the DWP trying to deny you your rights as usual. Once you go to Appeal it is not the DWP deciding any more and you have a much better chance, so do be sure to go through with it.
Best, Denby
About your claim, please do not let them get away with fobbing you off, we are all backing you here and will do our best to support you. If your MR does not change the award please please do not give up, this is just the DWP trying to deny you your rights as usual. Once you go to Appeal it is not the DWP deciding any more and you have a much better chance, so do be sure to go through with it.
Best, Denby
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- Caz1
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2 years 7 months ago #271324 by Caz1
Replied by Caz1 on topic Mandatory decision
Thank you Gary
Because I already had my award until 2023 and it is just my mobility that is worse, I was so shocked they had put me down for 6 points on daily living from what I have been getting for the past 6 years
It just struck a cord and I was so mixed up with it all
I will read the guides though
Thanks again Gary
Because I already had my award until 2023 and it is just my mobility that is worse, I was so shocked they had put me down for 6 points on daily living from what I have been getting for the past 6 years
It just struck a cord and I was so mixed up with it all
I will read the guides though
Thanks again Gary
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- Caz1
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2 years 7 months ago #271494 by Caz1
Replied by Caz1 on topic Mandatory decision
Thank you Denny, sometimes you are made to feel like you are lying, who would want to lie about being in pain every single day
I do need to address this and I will as it has changed my life already, I have had to cancel my cleaner, or buy clothes and other things, thank you………caz
I do need to address this and I will as it has changed my life already, I have had to cancel my cleaner, or buy clothes and other things, thank you………caz
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