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PIP- Advice please as to whether to challenge decision.
- Mary36900
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1 year 8 months ago #279225 by Mary36900
PIP- Advice please as to whether to challenge decision. was created by Mary36900
Hi
In 2021 I had to fill in a PIP Review Form after I notified DWP that I had been diagnosed with Parkinson's Disease (PD). At that time I received Enhanced Daily Living and Standard Mobility (I had several other progressive chronic conditions (lipodeoma, Osteo-Arthritis, Fibromyalgia, to name a few) My Award had been for 5 years.
About a month ago I received a letter stating that my Award would expiry on October 28th this year. The next day, I received a text message saying that my claim was being looked at and then a few days later that I was to have a phone consultation. I was shaking all through the call. It was very difficult 16 months after filling in the form.
On my Review Form :
1. I had ticked every box for mobility as prior to taking Parkinson's medication I had been in hospital x2 unable to walk/move. I said that my mobility varied on a day to day basis. I spent most of 2021 in
hospital or housebound. Last year I fell and fractured my knee and wrist, so spent another 2 months in hospital and spent another 2 and a half months housebound. I sent recent documentation stating that I can walk but my ability fluctuates, that 2 days a week I can walk with my walking stick 20 to 50 metres slowly stopping (having to rest the next day)
for a rest, that at night I am unable to walk, I need to use my walking stick to walk to the
commode at the end of the bed and that my legs get bigger as the day goes on so, in the evening I can't walk very well either, that due to back pain (which has got worse), I end up shuffling whenever I get up from my chair. I also mentioned that other PD related problems - lack of sleep, medication not being absorbed etc can affect my mobility.
2: That I have also been having speech therapy because people can't understand what I am saying, slurred speech and soft voice etc. I also said that I have problems mixing with others due to the above and my facial features - PD mask etc. My Speech Therapist documented this all in her letter.
3. I mentioned that I got anxious regarding above (2) and going out.
My new Award was extended to 10 years. I still get Enhanced Daily Living and that my condition causes me great difficulty with Daily Living. However, I scored 0 for communication and 0 for mixing with people. It stated that as I was not formally diagnosed with a mental health condition or or prescribed medication for a mental health condition, or I had not described symptoms of anxiety or signifcant distress outside, then my anxiety was not considered. I had described in detail how I got anxious in hospital transport and when I went for my booster jab having been at home for months and was overwhelmed by lots of other people being there and my husband not with me when he went to park the car. Anxiety is a symptom of PD.
Although they extended my Award, they said that my needs have not changed. There is no mention that my mobility greatly deteriorated which is more pertinent to a diagnosis of PD. I also have a history of falls and have aids in the house to help me - zimmer frame, trolley etc
I was told that I didn't qualify for Planning a Journey as they felt I'd based that on my mobility even though I mentioned anxiety.
Thank you for your guides, they helped a little, however I only joined Benefits and Work just before my phone consultation.
I have learnt that after I am at state pension age - next year, then I will not be able to claim Enhanced mobility. That means as my mobility deteriorates, I will not be able to receive the benefit that I will be entitled to.
Do you think that I should challenge this decision? although atm I have no further evidence to prove that at times I am unable to move.
I have an appointment to see the Fracture Liason Sister as I possibly have Osteoporosis as well. If I do, do you think it is worth informing DWP and ask for my Award to be looked at again?
In 2021 I had to fill in a PIP Review Form after I notified DWP that I had been diagnosed with Parkinson's Disease (PD). At that time I received Enhanced Daily Living and Standard Mobility (I had several other progressive chronic conditions (lipodeoma, Osteo-Arthritis, Fibromyalgia, to name a few) My Award had been for 5 years.
About a month ago I received a letter stating that my Award would expiry on October 28th this year. The next day, I received a text message saying that my claim was being looked at and then a few days later that I was to have a phone consultation. I was shaking all through the call. It was very difficult 16 months after filling in the form.
On my Review Form :
1. I had ticked every box for mobility as prior to taking Parkinson's medication I had been in hospital x2 unable to walk/move. I said that my mobility varied on a day to day basis. I spent most of 2021 in
hospital or housebound. Last year I fell and fractured my knee and wrist, so spent another 2 months in hospital and spent another 2 and a half months housebound. I sent recent documentation stating that I can walk but my ability fluctuates, that 2 days a week I can walk with my walking stick 20 to 50 metres slowly stopping (having to rest the next day)
for a rest, that at night I am unable to walk, I need to use my walking stick to walk to the
commode at the end of the bed and that my legs get bigger as the day goes on so, in the evening I can't walk very well either, that due to back pain (which has got worse), I end up shuffling whenever I get up from my chair. I also mentioned that other PD related problems - lack of sleep, medication not being absorbed etc can affect my mobility.
2: That I have also been having speech therapy because people can't understand what I am saying, slurred speech and soft voice etc. I also said that I have problems mixing with others due to the above and my facial features - PD mask etc. My Speech Therapist documented this all in her letter.
3. I mentioned that I got anxious regarding above (2) and going out.
My new Award was extended to 10 years. I still get Enhanced Daily Living and that my condition causes me great difficulty with Daily Living. However, I scored 0 for communication and 0 for mixing with people. It stated that as I was not formally diagnosed with a mental health condition or or prescribed medication for a mental health condition, or I had not described symptoms of anxiety or signifcant distress outside, then my anxiety was not considered. I had described in detail how I got anxious in hospital transport and when I went for my booster jab having been at home for months and was overwhelmed by lots of other people being there and my husband not with me when he went to park the car. Anxiety is a symptom of PD.
Although they extended my Award, they said that my needs have not changed. There is no mention that my mobility greatly deteriorated which is more pertinent to a diagnosis of PD. I also have a history of falls and have aids in the house to help me - zimmer frame, trolley etc
I was told that I didn't qualify for Planning a Journey as they felt I'd based that on my mobility even though I mentioned anxiety.
Thank you for your guides, they helped a little, however I only joined Benefits and Work just before my phone consultation.
I have learnt that after I am at state pension age - next year, then I will not be able to claim Enhanced mobility. That means as my mobility deteriorates, I will not be able to receive the benefit that I will be entitled to.
Do you think that I should challenge this decision? although atm I have no further evidence to prove that at times I am unable to move.
I have an appointment to see the Fracture Liason Sister as I possibly have Osteoporosis as well. If I do, do you think it is worth informing DWP and ask for my Award to be looked at again?
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- LL26
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1 year 8 months ago #279226 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP- Advice please as to whether to challenge decision.
Hi Gilly,
In terms of Daily Living, you have the maximum award allowed, so there is nothing to appeal. Don’t fret about zero points for communication the rules do say that once 12 points have been reached DWP don't have to consider any more descriptors and this may well have happened here.
As for mobility the rules are clear thst you can not gain mobility or upgrade a mobility award after reaching pension age.You have indicated thst you have some clear difficulty with mobility, and therefore it is important to challenge this now as otherwise you may well be too late to achieve your mobility award. Make it clear that you do not challenge the daily living just mobility. Include all the pieces of evidence you have described above, these could all be relevant.
In the meantime, thank you very much fir your kind words about B&W. It is good to know that you have found us helpful.
Good luck.
LL26
In terms of Daily Living, you have the maximum award allowed, so there is nothing to appeal. Don’t fret about zero points for communication the rules do say that once 12 points have been reached DWP don't have to consider any more descriptors and this may well have happened here.
As for mobility the rules are clear thst you can not gain mobility or upgrade a mobility award after reaching pension age.You have indicated thst you have some clear difficulty with mobility, and therefore it is important to challenge this now as otherwise you may well be too late to achieve your mobility award. Make it clear that you do not challenge the daily living just mobility. Include all the pieces of evidence you have described above, these could all be relevant.
In the meantime, thank you very much fir your kind words about B&W. It is good to know that you have found us helpful.
Good luck.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Mary36900
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1 year 8 months ago #279231 by Mary36900
Replied by Mary36900 on topic PIP- Advice please as to whether to challenge decision.
I will take your advice and challenge the mobility award. Thank you.
The following user(s) said Thank You: LL26
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