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Should I go for a mandatory reconsideration.
- Lesley
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2 years 3 months ago #273725 by Lesley
Should I go for a mandatory reconsideration. was created by Lesley
I have been getting pip at both lowest rates for some time now and recently had a diagnosis from an mri scan that a disc has broken and is pressing on a nerve, I have many diagnosed conditions, osteoarthritis having has a 1/2 knee replacement in my right knee and full in my left, I’m waiting for the 1/2 to be replaced by a whole one now and also have chondrocalcinosis in that knee which is really painful. The arthritis is now in my hands too and they are very stiff, painful and I often drop things due to shooting pains. I have the back condition mentioned before with degenerative disc disease, I have fibromyalgia, restless legs syndrome, sleep apnea. When I had a pip review a year or so ago they tried to take the mobility element away from me, which is unbelievable as I am so much pain with my back and knees when I stand or walk, I asked for a mandatory reconsideration and they offered the standard rate mobility. At this point I had had enough so accepted this. When my mri results came through I took this as a chance to tell them of a condition change, hoping to get enhanced mobility. When I did the pip test on here I should get enhanced daily living too with the problems I now also have with my hands.
They have decided to continue with the standard rate of both, their reasons been because they have decided I can walk 20 metres , absolute rubbish, I’ve made it clear that I can’t walk that distance without agonising pain. They also won’t accept my hand condition as there is no evidence, despite it been on the printout from my dr, who said he advised against X-ray to confirm diagnosis due to unnecessary radiation. They said there is no significant increase in pain relief but I have added 60mg duloxetine to my daily meds of 6-8 zapain, 2 x 500mg naproxen. I can’t take tramadol as I was on them for 15yrs, I can’t take amytripylene as it causes terrible RLS flare ups, I can’t take gabapentin as I tried for 6 months and couldn’t tolerate the awful side effects.
I am thinking of asking for a mandatory reconsideration. I will download and study the guide but was wondering if anyone has any advice for me or guidance.
Many thanks for reading this mega-post!
They have decided to continue with the standard rate of both, their reasons been because they have decided I can walk 20 metres , absolute rubbish, I’ve made it clear that I can’t walk that distance without agonising pain. They also won’t accept my hand condition as there is no evidence, despite it been on the printout from my dr, who said he advised against X-ray to confirm diagnosis due to unnecessary radiation. They said there is no significant increase in pain relief but I have added 60mg duloxetine to my daily meds of 6-8 zapain, 2 x 500mg naproxen. I can’t take tramadol as I was on them for 15yrs, I can’t take amytripylene as it causes terrible RLS flare ups, I can’t take gabapentin as I tried for 6 months and couldn’t tolerate the awful side effects.
I am thinking of asking for a mandatory reconsideration. I will download and study the guide but was wondering if anyone has any advice for me or guidance.
Many thanks for reading this mega-post!
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- BIS
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2 years 3 months ago #273742 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Should I go for a mandatory reconsideration.
Hi Lesley
I'm sorry you find yourself in this position. I can't tell you whether you should go for a mandatory reconsideration - only you can make that decision.
I would go back and check what you wrote on your form and what you said when you put in for a change of circumstances. Make sure you told them what impact your condition has on your mobility and your daily care against the specific PIP criteria. So for example they say you can walk 20ms and you say you can't without agonising pain. So you need to make sure that you say how much slower you walk, if you have to stop when you're walking, are you in danger of falling, do you need a stick and/or person to support you. Can you walk safely? Could you if you'd walked 20 meters take a quick rest and do it again? If you walk are you too exhausted? If you do need more help and you don't get it - say so. If you have missed out on any of these things - you need to say them, because telling them you are in pain is not enough. They think you have painkillers and the only way they judge the severity of the pain is the pain-killing dose (which is unfair). Check out the original PIP guide and look at the mobility sections to see that you said enough. I know you feel that you have provided enough evidence and you may well have done - but you need to counter their arguments.
Regarding the problems with your hands - you can say the evidence is there. Then repeat -how often you are dropping things and if you have to prepare hot food - this is potentially dangerous. The guides will help you. I would look at the guide to PIP appeals and the one following which covers challenging a medical report.
I hope this helps - do come back and ask if you have any specific questions.
BIS
I'm sorry you find yourself in this position. I can't tell you whether you should go for a mandatory reconsideration - only you can make that decision.
I would go back and check what you wrote on your form and what you said when you put in for a change of circumstances. Make sure you told them what impact your condition has on your mobility and your daily care against the specific PIP criteria. So for example they say you can walk 20ms and you say you can't without agonising pain. So you need to make sure that you say how much slower you walk, if you have to stop when you're walking, are you in danger of falling, do you need a stick and/or person to support you. Can you walk safely? Could you if you'd walked 20 meters take a quick rest and do it again? If you walk are you too exhausted? If you do need more help and you don't get it - say so. If you have missed out on any of these things - you need to say them, because telling them you are in pain is not enough. They think you have painkillers and the only way they judge the severity of the pain is the pain-killing dose (which is unfair). Check out the original PIP guide and look at the mobility sections to see that you said enough. I know you feel that you have provided enough evidence and you may well have done - but you need to counter their arguments.
Regarding the problems with your hands - you can say the evidence is there. Then repeat -how often you are dropping things and if you have to prepare hot food - this is potentially dangerous. The guides will help you. I would look at the guide to PIP appeals and the one following which covers challenging a medical report.
I hope this helps - do come back and ask if you have any specific questions.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Lesley
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2 years 3 months ago #273758 by Lesley
Replied by Lesley on topic Should I go for a mandatory reconsideration.
Thank you so much for taking the time to respond. I will go through their letter with their reasons and dispute what they have said and back my dispute up with evidence. Do you think that my GP writing on my record that the pain in my hands is...quote “hand pain likely osteoarthritis, advised not much point having X-ray to confirm this/radiation risk” constitutes evidence?
They said “there is no medical evidence to support a significant upper limb or hand grip restriction” They also said that I “don’t use adapted cutlery and I use a walking aid which shows adequate functional hand grip”
Is what my GP wrote not evidence? I will get my hands xrayed if my GP is happy to refer me for this.
They also say that I have no diagnosed memory, intellectual or cognitive restrictions... do they not realise that is a huge part of fibromyalgia, should I point this out? I’m so angry!
He also says “l have decided you can stand and then move using an aid or appliance for more than 20 metres but no more than 50” he doesn’t say why or how he reached that apart from it been consistent with my medical history and the available evidence. I sent a print out from the GP showing that I have “severe patellofemoral and moderate/severe lateral compartment degenerative changes, chondrocalcinosis noted.”
The MRI scan results conclude “significant degenerative changes at L5-S1 with presence of sequestrum”
I just don’t understand, in light of all this evidence, how they can ‘decide’ I can walk more than 20metres.
One thing they have done is extend my award by 10 months to September 2026.
Again... thank you for your insight into this, and your advice! It’s much appreciated.
They said “there is no medical evidence to support a significant upper limb or hand grip restriction” They also said that I “don’t use adapted cutlery and I use a walking aid which shows adequate functional hand grip”
Is what my GP wrote not evidence? I will get my hands xrayed if my GP is happy to refer me for this.
They also say that I have no diagnosed memory, intellectual or cognitive restrictions... do they not realise that is a huge part of fibromyalgia, should I point this out? I’m so angry!
He also says “l have decided you can stand and then move using an aid or appliance for more than 20 metres but no more than 50” he doesn’t say why or how he reached that apart from it been consistent with my medical history and the available evidence. I sent a print out from the GP showing that I have “severe patellofemoral and moderate/severe lateral compartment degenerative changes, chondrocalcinosis noted.”
The MRI scan results conclude “significant degenerative changes at L5-S1 with presence of sequestrum”
I just don’t understand, in light of all this evidence, how they can ‘decide’ I can walk more than 20metres.
One thing they have done is extend my award by 10 months to September 2026.
Again... thank you for your insight into this, and your advice! It’s much appreciated.
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- Gary
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2 years 3 months ago #273762 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Should I go for a mandatory reconsideration.
Hi Lesley
I have read through the posts, have you obtained a copy of the assessors report (PA4)
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.
In regards to fibromyalgia, this condition affects people differently, look in the guides under PIP diary you will see one for fibromyalgia.
Gary
I have read through the posts, have you obtained a copy of the assessors report (PA4)
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.
In regards to fibromyalgia, this condition affects people differently, look in the guides under PIP diary you will see one for fibromyalgia.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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