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4 point and in accurate reasons given
- Alz1995
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2 years 4 months ago #273671 by Alz1995
4 point and in accurate reasons given was created by Alz1995
It's so disheartening I only got 4 points. They said I don't have anxiety medication, I am on the highest dose. They said my skin isn't broken so my ocd can't be that bad. A lot of the activities I am unable to do in a reasonable time due to my rituals which I explained in some detail. Just wanted to share as it's so upsetting to feel totally miss understood. I am going to try the mandatory consideration. Lots of the reasons are in accurate is this what other people have experienced. Thanks.
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- LL26
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2 years 4 months ago #273675 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic 4 point and in accurate reasons given
Hi Alz1995,
I feel your disappointment and frustration!
Yes, certainly do MR, it is possible to get a revised decision after MR.
Go through the assessment, and try and group the criticisms into 4 or 5 bullet points and give examples of the worst in each bullet point. Tempting though it maybe, to say the assessor lied, you can't prove this - however you can say he clearly didn't understand or he misrecorded which must have happened!
I also write a paragraph or two as a background to your illness/disability. Expkain when things started, treatment etc Google BNF NICE and look up your medicine name. Compare your condition and the dosage. So eg if the dosage range is 100 - 400mg x 2 daily and you are on 350 x 2 daily you can quote the website and say you are almost on maximum dose. If your dose is maximum then say so. Just quote the website. If there is a reason why you can't take the highest dose say this too.
You may also wish to quote from an NHS page for your condition, or relevant charity to show a symptom that you get that is linked to the illness etc.
So, after the opening paragraphs, then include your bullet point criticisms, and then you may to go through each descriptor in detail saying the difficulties you have ( which have clearly been ignored by DWP) and what should have been awarded. Give the correct points value. You can also refer to your own medical reports or the more generic charity website which also typifies and explains your illness and symptoms.
I hope this helps.
Channel your frustration into producing a really good MR, and you may well find you can persuade DwP to revise their decision.
Do mention the length of time, you need to do PIP activities in a reasonable time ie no more than twice a non disabled person woukd take. Remember thst if you take too long this may well affect your ability to repeat the task ( or pip tasks generally) across the whole day as often as reasonably required Consider safety, does your OCD create safety implications, eg due to being preoccupied or distracted? Can you perform tasks to an acceptable standard?
Something I forgot to mention...
If this is a new claim you have to prove on balance of probabilities that you get points and hence benefit. If you have had a previous claim for PIP then this is a Supersession (legal word for change of benefit,) in this instance DWP have to prove an actual change of circs has occurred not just a different medical (assessment) report. In this case stress that your illness etc has stayed the same or maybe is worse. If you were previously on DLA say this too. Whilst DLA and PIP are not totally transferable, there is a lot of common ground and it is worth mentioning this, as at least DWP will have to explain themselves.
I hope this helps.
Let us know how you get on.
LL26
I feel your disappointment and frustration!
Yes, certainly do MR, it is possible to get a revised decision after MR.
Go through the assessment, and try and group the criticisms into 4 or 5 bullet points and give examples of the worst in each bullet point. Tempting though it maybe, to say the assessor lied, you can't prove this - however you can say he clearly didn't understand or he misrecorded which must have happened!
I also write a paragraph or two as a background to your illness/disability. Expkain when things started, treatment etc Google BNF NICE and look up your medicine name. Compare your condition and the dosage. So eg if the dosage range is 100 - 400mg x 2 daily and you are on 350 x 2 daily you can quote the website and say you are almost on maximum dose. If your dose is maximum then say so. Just quote the website. If there is a reason why you can't take the highest dose say this too.
You may also wish to quote from an NHS page for your condition, or relevant charity to show a symptom that you get that is linked to the illness etc.
So, after the opening paragraphs, then include your bullet point criticisms, and then you may to go through each descriptor in detail saying the difficulties you have ( which have clearly been ignored by DWP) and what should have been awarded. Give the correct points value. You can also refer to your own medical reports or the more generic charity website which also typifies and explains your illness and symptoms.
I hope this helps.
Channel your frustration into producing a really good MR, and you may well find you can persuade DwP to revise their decision.
Do mention the length of time, you need to do PIP activities in a reasonable time ie no more than twice a non disabled person woukd take. Remember thst if you take too long this may well affect your ability to repeat the task ( or pip tasks generally) across the whole day as often as reasonably required Consider safety, does your OCD create safety implications, eg due to being preoccupied or distracted? Can you perform tasks to an acceptable standard?
Something I forgot to mention...
If this is a new claim you have to prove on balance of probabilities that you get points and hence benefit. If you have had a previous claim for PIP then this is a Supersession (legal word for change of benefit,) in this instance DWP have to prove an actual change of circs has occurred not just a different medical (assessment) report. In this case stress that your illness etc has stayed the same or maybe is worse. If you were previously on DLA say this too. Whilst DLA and PIP are not totally transferable, there is a lot of common ground and it is worth mentioning this, as at least DWP will have to explain themselves.
I hope this helps.
Let us know how you get on.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Alz1995
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2 years 4 months ago #273677 by Alz1995
Replied by Alz1995 on topic 4 point and in accurate reasons given
Thanks so much for your reply it's just disheartening that they have such a stereotypical view of ocd, I also have adhd, tourettes and autism which is all detailed in psychiatric reports. I am on the highest level of ssri possible and in the report they said I don't take anti anxiety medication, very odd conclusion to make. I am also on stimulants and anti tic meds. I am just upset as its awful to feel they haven't read through my documents and just come to their conclusion based on I don't know what. Yes I will put it all together and try and explain in facts why they have got it so wrong. I wouldn't mind if they had taken the time to write a detailed reply but the fact its so inaccurate and they don't understand that the highest dose of ssri is an anti anxiety medication and ocd is also a condition powered by anxiety. It just feels crazy that someone can judge an illness when they can't even see what the medication does. Thanks again so much its very appreciated
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2 years 4 months ago #273680 by Gary
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Replied by Gary on topic 4 point and in accurate reasons given
Hi Alz1995
I can feel your frustration, unfortunately this happens all to often.
Follow LL26 sound advice, what I do sometimes is google the medication then copy what it states when talking about the max dose, I would also look up known side affects of the medication.
I am dealing with a case today, they are in receipt of over the counter pain relief but when I drilled down on the reason why Dr has not prescribed a stronger tablet it turned out they had adverse reaction to prescribed medication, so I have mentioned this in their submission.
Gary
I can feel your frustration, unfortunately this happens all to often.
Follow LL26 sound advice, what I do sometimes is google the medication then copy what it states when talking about the max dose, I would also look up known side affects of the medication.
I am dealing with a case today, they are in receipt of over the counter pain relief but when I drilled down on the reason why Dr has not prescribed a stronger tablet it turned out they had adverse reaction to prescribed medication, so I have mentioned this in their submission.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Alz1995
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2 years 4 months ago #273686 by Alz1995
Replied by Alz1995 on topic 4 point and in accurate reasons given
The hard thing is that I have Nero development conditions and this has made me want to give up I wish I hadn't gone through with this as I don't have the resilience to fight it. I can't even see all the forms and downloaded guides as it all jumbles together and I can't make sense of it. It's horrible to be put in the stressful position and have to spend time on it when they obviously haven't read my forms detailing medication and issues etc. Is this designed to make me give up? Very horrible position to be in....
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- LL26
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2 years 4 months ago #273688 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic 4 point and in accurate reasons given
Hi Alz1995,
Please do not give up, yes this is all very difficult but you can do this! Many people have been in your situation, it is nothing personal, just a flawed system. Many of the things you have mentioned in your posts could be easily copied to be included in your MR.
Say about the medicine dosage as discussed above.
You mention about not being able to read the guides as everything gets jumbled. Did you personally complete the PIP form- how did you manage this, what help did you need? How long did it take?
Think about each descriptor-
Can you do the task safely, in a reasonable time, to an acceptable standard and repeatedly?
What happens- do you get confused, do you just take a long time? Maybe an accident or near miss is often a worry? What help do you need, and why.(If you are unsafe, too slow etc, that could indicate a need for help.) Is there a particular incident when everything wrong, you nearly burnt the kitchen you nearly drowned in the bath, you put 2 tabkespoons of salt instead of 2 teaspoons, you misread a website and ordered 20 frying pans instead of just 2? Silly, embarrassing tales, or stories of near disasters - these are useful to convince DWP that they have you wrong and should award PIP. Be you, say it how it really is. There is no right or wrong way. But please do not give up.
LL26
Please do not give up, yes this is all very difficult but you can do this! Many people have been in your situation, it is nothing personal, just a flawed system. Many of the things you have mentioned in your posts could be easily copied to be included in your MR.
Say about the medicine dosage as discussed above.
You mention about not being able to read the guides as everything gets jumbled. Did you personally complete the PIP form- how did you manage this, what help did you need? How long did it take?
Think about each descriptor-
Can you do the task safely, in a reasonable time, to an acceptable standard and repeatedly?
What happens- do you get confused, do you just take a long time? Maybe an accident or near miss is often a worry? What help do you need, and why.(If you are unsafe, too slow etc, that could indicate a need for help.) Is there a particular incident when everything wrong, you nearly burnt the kitchen you nearly drowned in the bath, you put 2 tabkespoons of salt instead of 2 teaspoons, you misread a website and ordered 20 frying pans instead of just 2? Silly, embarrassing tales, or stories of near disasters - these are useful to convince DWP that they have you wrong and should award PIP. Be you, say it how it really is. There is no right or wrong way. But please do not give up.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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