- Posts: 34
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- using the same reference for different descriptors
× Members
using the same reference for different descriptors
- Caz1
- Topic Author
- Offline
Less More
2 years 4 months ago #273108 by Caz1
using the same reference for different descriptors was created by Caz1
Hi,
I hope some can help me, I phoned DWP in September last year to tell them my mobility had got worse, I was on standard for daily living and standard for mobility since 2016
The result came back as the same for mobility and nothing for the daily living
I sent for the paperwork they had used, and decided to appeal it
There are 3 descriptors in particular that I have always had 2 points for, these are now zero, and they have used the same sentence for all of them, with a few words added to each,
one of them is for preparing food: 'I need aids to help me do the basics, I cant stand long due to the severe osteoarthritis in both knees and also no cartilage in them, I cant chop things due to weakness in my left hand' I even use an aid to open ring pull cans there reply to this one was
No evidence of arthritis in fingers or thumbs, and her shoulder and elbows have good
movement, also, I drive a manual car showing good range of movement and dexterity
Variability shows I can grasp and hold objects, I can put wrist braces on myself suggesting I have adequate grip and dexterity suggesting I can peel and chop and and cook and use aids
reliably by myself
All the x rays are from 2015, they all say I have osteoarthritis and the stage it is at, but in the past 7 years it has got worse
the next one is for Taking nutrition: I use an aid or appliance to be able to take food and assistance to cut up food, again I have always score 2 for this one, now they are saying
There is no cognitive or learning disability and I eat daily and that suggests I should be able to reliably take nutrition independently
Same reply as first one, because I drive a manual car, and use a keyboard at work means I can do everything myself independently also, variability shows I can grab and hold suggesting adequate grip,
And the next is dressing and undressing, I used to get 2 points for this, I use aids to help get dressed, I have to sit down as well, it takes a bit of time but I get there, just buy elasticated things now so it isn't as hard to do, I also buy clothes that don't need ironing their reply was
also,
variability shows I can grab and hold suggesting adequate grip, and I can reach my knees and feet, and I have no specialist service support and I don't need to rest long after dressing, and FE dated 15/09/2015 shows full range of movement in knees suggesting I can reliably bend to dress myself
The x-rays dated 2015 which they have confirm the lack of cartilage in each knee and, sever osteoarthritis in both
I have told them I only use the car twice a week, just to get a top up of fresh food, and that I am in so much pain driving and getting in and out of the car is agony especially the left side where the clutch and gearstick are
I have told them that I have been working from home for the past 2 years and that I have a specialist chair, a specialist mouse and a really small keyboard, all provided by work
They also know I have a real fear of hospitals
I cant actually believe they have used the same criteria for giving me no points, I want to get my reply as soon as possible to the tribunal, it has really effected me, having the daily living element stopped
They make you feel like a criminal and there is nothing wrong with you
My present award was until 2023, so I wouldn't want them to look at daily living again, just the mobility, they said they have superseded my past awards
I have started to look at the guides on here but would appreciate any help anyone has
Thanks
I hope some can help me, I phoned DWP in September last year to tell them my mobility had got worse, I was on standard for daily living and standard for mobility since 2016
The result came back as the same for mobility and nothing for the daily living
I sent for the paperwork they had used, and decided to appeal it
There are 3 descriptors in particular that I have always had 2 points for, these are now zero, and they have used the same sentence for all of them, with a few words added to each,
one of them is for preparing food: 'I need aids to help me do the basics, I cant stand long due to the severe osteoarthritis in both knees and also no cartilage in them, I cant chop things due to weakness in my left hand' I even use an aid to open ring pull cans there reply to this one was
No evidence of arthritis in fingers or thumbs, and her shoulder and elbows have good
movement, also, I drive a manual car showing good range of movement and dexterity
Variability shows I can grasp and hold objects, I can put wrist braces on myself suggesting I have adequate grip and dexterity suggesting I can peel and chop and and cook and use aids
reliably by myself
All the x rays are from 2015, they all say I have osteoarthritis and the stage it is at, but in the past 7 years it has got worse
the next one is for Taking nutrition: I use an aid or appliance to be able to take food and assistance to cut up food, again I have always score 2 for this one, now they are saying
There is no cognitive or learning disability and I eat daily and that suggests I should be able to reliably take nutrition independently
Same reply as first one, because I drive a manual car, and use a keyboard at work means I can do everything myself independently also, variability shows I can grab and hold suggesting adequate grip,
And the next is dressing and undressing, I used to get 2 points for this, I use aids to help get dressed, I have to sit down as well, it takes a bit of time but I get there, just buy elasticated things now so it isn't as hard to do, I also buy clothes that don't need ironing their reply was
also,
variability shows I can grab and hold suggesting adequate grip, and I can reach my knees and feet, and I have no specialist service support and I don't need to rest long after dressing, and FE dated 15/09/2015 shows full range of movement in knees suggesting I can reliably bend to dress myself
The x-rays dated 2015 which they have confirm the lack of cartilage in each knee and, sever osteoarthritis in both
I have told them I only use the car twice a week, just to get a top up of fresh food, and that I am in so much pain driving and getting in and out of the car is agony especially the left side where the clutch and gearstick are
I have told them that I have been working from home for the past 2 years and that I have a specialist chair, a specialist mouse and a really small keyboard, all provided by work
They also know I have a real fear of hospitals
I cant actually believe they have used the same criteria for giving me no points, I want to get my reply as soon as possible to the tribunal, it has really effected me, having the daily living element stopped
They make you feel like a criminal and there is nothing wrong with you
My present award was until 2023, so I wouldn't want them to look at daily living again, just the mobility, they said they have superseded my past awards
I have started to look at the guides on here but would appreciate any help anyone has
Thanks
Please Log in or Create an account to join the conversation.
- LL26
- Offline
Less More
- Posts: 1430
2 years 4 months ago #273124 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic using the same reference for different descriptors
Hi Caz1,
Your experience is typical of several of the B&W who have posted similar stories. I am a little confused: you say initially that you got no daily living award, but towards the end say your present award end 2023 so you don't want DWP to look at the daily living again.
It certainly sounds that you should have been awarded each of the 2 points you mention. That would make 6 points so very close to the magic 8!
If you do want to appeal, what you have said in your post above, is relevant. DWP have ignored xrays etc,and all the special equipment from work, and simply use the same cut n paste response.
Be careful about the driving. Whilst you may only use the car rarely if you assert you are in agony this may suggest it could be distracting for you. DWP might raise a legitimate question about your fitness to drive. Aside from benefits, you may wish to think about your driving.
You can appeal to the tribunal by filling out the online form SSCS1. (Just Google SSCS1 online appeal and the relevant .gov.uk website will appear.)
I find it best to type the reasons for the appeal as a separate document, and upload. For some reason when printed out the formatting of the type in box goes weird, and when printed its comes as one long paragraph no breaks!
You can include all the comments you made above as I have suggested. If you have more recent medical evidence include this. Send it again if you sent this already, saying its resent as DWP clearly ignored this previously!
Refer to medical evidence directly to support your case.
You have 1 month to appeal. If you have a good reason you can ask for a late appeal. There is n absolute deadline of 13mths from the MR decision.
I hope this helps. Please let us know if you need more information.
LL26
Your experience is typical of several of the B&W who have posted similar stories. I am a little confused: you say initially that you got no daily living award, but towards the end say your present award end 2023 so you don't want DWP to look at the daily living again.
It certainly sounds that you should have been awarded each of the 2 points you mention. That would make 6 points so very close to the magic 8!
If you do want to appeal, what you have said in your post above, is relevant. DWP have ignored xrays etc,and all the special equipment from work, and simply use the same cut n paste response.
Be careful about the driving. Whilst you may only use the car rarely if you assert you are in agony this may suggest it could be distracting for you. DWP might raise a legitimate question about your fitness to drive. Aside from benefits, you may wish to think about your driving.
You can appeal to the tribunal by filling out the online form SSCS1. (Just Google SSCS1 online appeal and the relevant .gov.uk website will appear.)
I find it best to type the reasons for the appeal as a separate document, and upload. For some reason when printed out the formatting of the type in box goes weird, and when printed its comes as one long paragraph no breaks!
You can include all the comments you made above as I have suggested. If you have more recent medical evidence include this. Send it again if you sent this already, saying its resent as DWP clearly ignored this previously!
Refer to medical evidence directly to support your case.
You have 1 month to appeal. If you have a good reason you can ask for a late appeal. There is n absolute deadline of 13mths from the MR decision.
I hope this helps. Please let us know if you need more information.
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
Please Log in or Create an account to join the conversation.
- Caz1
- Topic Author
- Offline
Less More
- Posts: 34
2 years 4 months ago #273128 by Caz1
Replied by Caz1 on topic using the same reference for different descriptors
Thank you LL26, I appreciate your comments, I haven't started filling the form in yet, I wanted to come on this site and get all the information and help so I can send the best response possible
I have been on both daily living and mobility standard rate for both since 2016, including the initial assessment I have had 2 face to face follow up's and 1 telephone assessment, and it is the last one that changed my entitlement, thanks for your help LL26
I have been on both daily living and mobility standard rate for both since 2016, including the initial assessment I have had 2 face to face follow up's and 1 telephone assessment, and it is the last one that changed my entitlement, thanks for your help LL26
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David