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Turned down for Daily Living component

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2 years 7 months ago #271487 by Mrs Flute
Turned down for Daily Living component was created by Mrs Flute
Hi, my name is Mags.

I have Relapsing Remitting Multiple Sclerosis -a disease that is incurable, progressive and degenerative. I have good days, bad days and awful days. My husband has become my unpaid carer as I am unable to do a wide range of tasks safely, reliably and in a reasonable time.

I applied for PIP in 2018, and was awarded standard mobility. I had just been medically retired from work and was not in the right head space to follow up up the rejected mandatory reconsideration to get the award increased to include the daily care element.

My condition has got worse over the past 18 months. I am a danger in the kitchen and so I am unable to prepare and cook a meal. I was diagnosed with anxiety and depression and am taking medication.

On the back of this, I thought it was a good time to try again. I filled in the form using your guides and waited. The response letter arrived - I’d been turned down for daily living but have kept my standard mobility.

The report states that I am capable of preparing and cooking a basic meal for one - I was asked if I could make a piece of toast. I said yes…..then asked if I could put butter and jam on that. To me, that is not a meal! It also ignores that I live with my husband who would not appreciate a diet of toast and jam! Is this standard?

No mention was made of my anxiety and depression - only that I did not appear to demonstrate this over the phone.

Would a mandatory reconsideration would be the way forward? And if so, would it be likely to succeed?

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2 years 7 months ago #271511 by peter
Replied by peter on topic Turned down for Daily Living component
Hi Mags,

I’m sorry you’re going through this.

First thing to mention is that probably you don’t have good days. I’m not being horrible but the chances are what you are calling “good days” are likely to be “less bad days”. It is one of the questions DWP asks and the answer should always be “I don’t have good days”.

Second thing when you talk about preparing food make sure that if you use any aids you clearly call them out. These range from perching stools for balance, fat grip cutlery and kitchen tools, disabled friendly can and tin openers and anything else you can think of.

I don’t know how much your husband helps you on your worst days but whatever he does should be clearly called out. A letter from him stating how much he helps would be useful. Other letters from other family members or friends supporting your claim are also useful.

To summarise, unfortunately, you have to really think only about your awful days and what you are able to do on these days. Forget pride or being brave just tell it like it really is.

I can’t promise you that you will succeed in a mandatory reconsideration but I would encourage you to try if you can face the hassle.

I hope this helps

Regards
Pete

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

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2 years 7 months ago #271518 by Caz1
Replied by Caz1 on topic Turned down for Daily Living component
Hi
This is exactly what they have said I have been getting pip for 6 years then they dropped me down to 6 points, I am taking it to tribunal
If you look on this website it actually tells you what thing mean for the purpose of pip
Preparing food means, make food ready for cooking or eating
One of the nutrition means cutting up food
Aid or appliance means a device to improve provide or replace a physical or mental function
Stick at it look through this site for anything that can help you
Good luck……….Caz

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2 years 7 months ago #271534 by Gary
Replied by Gary on topic Turned down for Daily Living component
Hi Mrs Flute

From your post I am assuming that you are talking about the decision makers report and not the assessors report.

The first thing you need to do is get a copy of the assessors report called a PA4 by calling the DWP.

When 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.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision but you can do out of time MR with good cause, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide, halfway down the page; www.benefitsandwork.co.uk/help-for-claimants/pip

For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp

If you have already applied for a MR then the next stage would be to appeal the decision.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gary

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