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Have received PA4 can I write in to disagree before I have the decision letter?

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2 years 4 months ago #273538 by NewClaim1
I have now received the PA4 report from my daughter’s telephone assessment on the 6th and there are a number or areas where I feel she should have been recommended a higher number of points although it currently looks like she may get basic for daily living and mobility. Am I able to write in to the decision maker and mention anyrhing I don't agree with and why before I receive a decision or do I need to wait and apply for mandatory reconsideration?

I feel like my daughter is being marked down by the telephone assessor because she is intelligent and any anxiety is caused by her physical symptoms even though her fatigue and brain fog/lack of concentration can come on at anytime as well as dizziness as she has PoTS and possible Chronic Fatigue and she is anxious due to this on a daily basis. The assessor has judged that because she can go to sixth form to study Alevels (just started and struggling)this indicates adequate cognitive ability and she should be able to plan and follow a journey. She can't leave the house without us taking her and wouldn't have the energy to plan journeys reliably. They have also said she can engage with other people unaided even though she becomes anxious about this all the time due to her symptoms and how she is feeling. They have said she should be able to cook with aids even though she is too tired, dizzy and fatigued and has brain fog and we cook all her meals for her. They have said she can take nutrition unaided even though we have to prompt her due to feeling ill constantly and because she is very fussy (referred to a dietician but they've said due to physical health as fatigue might be contributing and not mentioned her sensory issues with food). They have also said she should be able to take her medication independently even though I prompt her and remind her due to brain fog and put her medication in a tub for her. They are saying she is prompted due to her physical health and not for any other reason and just seem to be ignoring that she is very dizzy and has brain fog and fatigue daily.

There are probably other things. What do I do now and how do I prove the brain fog. I am sure it is mentioned in some of our medical evidence but will have to look back through.

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2 years 4 months ago #273548 by BIS
Hi NewClaim1

You can write to the decision maker before the decision comes out saying where you disagree with the assessor's opinion. You only have a small window of time to do this, which may not be processed or seen in time. However, you have nothing to lose by writing, and you can still request a mandatory reconsideration if it becomes necessary after receiving the decision letter.

Be aware that if Chronic Fatigue has not yet been diagnosed, they are likely to ignore it. Make sure that you have been very clear about her PoTS symptoms - even the NHS website says that some GPs may not understand it - so the assessor may not have done either. In terms of planning a journey - for her to score for this aspect, you would have to demonstrate that her cognitive or sensory abilities are impaired by her medical condition. That's why the assessor has said she's attending college and doing A levels, so in their view, she would have the ability to plan a journey. (She doesn't actually have to undertake it). The assessor only gives their opinion, so you must give a counterargument. It is hard to 'prove' brain fog unless you can give examples of how it affects her - and it would need to be for the majority of the time. Any corroboration from professionals or anyone who has witnessed it will help. If she is struggling at school/college - would a tutor be willing to give a letter to back up what you have said?
You can always add letters at the MR stage as additional evidence if needed.

BIS

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2 years 4 months ago #273549 by denby
Hi NewClaim1, Besides all BIS's sound advice I just want to encourage you to write in, addressed to 'The Decision Maker,' as he says.
Doing so turned a PA4 for our daughter that would have only given standard if followed, to enhanced without needing an MR or Appeal. Such a relief after having twice before had to go to Tribunal. [She's a bit older than your daughter]. BTW our daughter has Pots symptoms but couldn't get the diagnosis, definite CFS and Ehlers Danlos Hypermobility. Being somewhere on the autism spectrum often goes together with some of these things and as you do mention sensory issues with food I just slightly wonder if this might also be the case. An internet search for AQ50 will access the NHS recognised self pre-test.
BTW be sure to avoid the word 'lied' and use phrases like 'failed to note...' instead.
Hope you get a good response to your letter.
Denby
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2 years 3 months ago #273945 by NewClaim1
Thank you for the replies. I did write to the decision maker but I believe we have still been awarded the lower rate for both daily living and mobility. No idea if my letter and reasoning were looked at but do know they were received. I haven't had the letter yet confirming what has been awarded but have received payment today which would indicate the lower amount.
I'm not sure yet if I want to risk going for mandatory reconsideration or appeal in case they then take away what they've currently awarded or want my daughter to attend a tribunal. I've found the whole thing stressful and just want to focus on helping my daughter improve not paperwork.
I we do go for MR is there anything I should be doing?
Thank you for all the advice on this site.

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2 years 3 months ago #273954 by NewClaim1
Have now received the letter and it states standard rate with a score of 8 for daily and 8 for mobility. Really unsure whether to go for MR then appeal as don't want to lose what they have given and it's until Sept 2025 which is longer than the telephone assessor recommended (says they'll contact after September 2024). I'm really not sure they have read or taken into account my letter.
I do still think she should probably have received enhanced for daily and possibly for Mobility as well. They're very much using the argument of she's able to study so she can concentrate and do things for herself with no diagnosed cognitive impairment, despite the fact she is exhausted and can't concentrate all the time (brain fog) and needs us to make her meals, remind her to take medication and has them in a tub that I put them in etc. Also because she isn't specifically on medication for anxiety (although the doctor did mention it would help with that too) they says her symptoms of anxiety don't meet their high threshold of overwhelming psychological distress.
Not sure what to do.

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2 years 3 months ago #273965 by Gordon
NewClaim1

I'm afraid we cannot offer advice on whether to request an MR or not but you should consider the following.

Can you score the extra four points needed for an Enhanced award? It can often be more difficult to score higher for an activity than to argue that she should have scored for an activity that she currently has scored zero for.

There is a risk, whilst it is very unusual for the DWP removed points on MR it can happen and would result in the loss of one or both awards. The length of the award is probably more secure.

You have one month from the date of the Decision to request an MR, you can make a Late request up to 13 months after but will need to explain why the request is late and the DWP do not have to accept your reasons, an appeal may still be possible if this happens.

Go through the PA4 to get a better understanding of how the Decision was reached and which areas to pursue in an MR.

Gordon

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