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UPDATE: PIP - advice prior to asking for a mandatory reconsideration

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1 year 8 months ago #279735 by John
Good evening all, I’m a newbie on the forum. A bit of background: I’m a professional with professional membership because over the last few years I’ve assisted some of my clients with their PIP applications and challenging decisions via mandatory reconsideration. I’m a counsellor by background and work with people who’ve had traumatic injuries.

I have recently had to complete my own application for PIP due mainly to side effects of chemotherapy, and also some minor issues with a shoulder injury with limited range of movement and a knee condition that is being monitored only with no active treatment.

My cancer treatment side effects are numerous, and this triggers a lot of anxiety with managing them, and impacts and limits my ability to engage face to face with people. Aside from necessary things - shopping and attending appointments, I occasionally socialise with family, but generally avoid other face to face socialising. I’m not formerly diagnosed, do not take any medication for anxiety, and declined mental health support in preference to self manage my anxiety. It is, after all, what I’m trained for. I had a telephone assessment in the morning as DWP understood that the severe fatigue I get, which progresses over the course of a day, would make a later assessment more difficult. They offered this, I didn’t request it.

I’ve been awarded standard mobility component, which I wasn’t actually sure I’d get, but only scored 6 points for daily living needs, when I thought I would easily qualify for standard rate.

The DM has said I don’t need assistance with managing medication or therapy in spite of the fact I use a dosette box and an app to remind me to take all my medications, but most especially, my evening dose of asthma inhaler and my chemotherapy tablet. The DM’s letter refers to me being able to “show knowledge from memory of what medication to take and when it is due”. I was scored 0, when I think I should have scored 1 point.

I went into great detail on my PIP form about anxiety and how it affects me, but again scored 0 as the DM said I was able to manage well during the assessment and did not appear to be anxious which demonstrates I’m able to engage well to a functional level, and take no medication and not receiving any specialist mental health care. How can I argue against this rationale? Any ideas? I manage my anxiety with support from my husband, who prompts me to engage with people when I’m feeling like I don’t want to see anyone, and through using my own training to challenge myself. I need to go over the recording I had Capita make, as I’m sure I told the HP that I use my own knowledge and training, rather than access specific support. The descriptor is for face to face engagement with others but my ability to manage over the phone has been used to say I basically don’t have the difficulties I say I’ve got. I’m pretty sure, but will need to check, that the HP asked if I was anxious on the day and I said I was. Can I challenge this even though I’m not on anxiety meds or receiving specialist support?

In addition I was scored 0 for taking nutrition when I believe I should have scored at least 2 points. I have blisters and ulcers caused by chemotherapy that are sometimes large and filled with blood. It makes chewing and swallowing food painful, and if blisters burst I’m at risk of sepsis, which is life threatening. I am prescribed 2 different oral rinses, one of which is a pain killer and temporarily numbs the inside of my mouth, the other a protective gel to provide a layer of protection. I have to take them at least 30 minutes before I eat. When I’m having a flare up of blisters I have to alter my diet to soft foods and often let them go almost cold as the heat is painful and can cause more blisters to appear. I use a straw to drink hot fluids, which I also cool down before drinking. The DM said in their letter that, for the purpose of PIP, mouth blisters cannot be considered within the scope of taking nutrition. I believe I went into great detail to explain that I’m at risk when I have the blisters, that it’s painful and needs to be properly managed.
Has anyone any ideas how I might challenge this? I supplied evidence from my Macmillan nurse with a copy of an assessment in which the blisters and ulcers are listed.

There are a couple of other points to do with managing toilet needs that I feel I can challenge easily as I was quite clear I have and use a bidet and struggle with sit to stand transfers from toilet and low furniture, using the sink to assist with weight bearing, and indicated that I could not use a raised toilet seat or frame as the bidet would not work.

Sorry it’s a long post. Any advice would be greatly appreciated. My next task is to listen to the recording and phone and ask for a copy of the PA4 report. I did ask the HP on the day if I could receive a copy and was told I could not.

My decision letter is dated 1st May, but with the 2 bank holidays has only arrived today. I’ve 3 weeks in which to submit my MR letter and any additional comments - and understand they have to have received it by then, so I’ve probably only got 2 weeks.

Thanks, John

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1 year 8 months ago #279752 by Gary
Hi John

Welcome to the forum, in case you are not aware your real name may be showing as your Forum ID, we would advise you to change it to protect your anonymity. See

www.benefitsandwork.co.uk/guides-for-claimants/faq/forum

When you have the assessors report (PA4) 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.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip but you can apply for an out of time mandatory reconsideration with cause, maxtime limit is 13 months from date of MR decision.

For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: John

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1 year 8 months ago #279758 by John
Thanks Gary. I plan to phone and ask for the report but I’m concerned it may not arrive in time for me to process my MR request and letter. Only way I guess is to press on and see.

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1 year 8 months ago #279969 by John
I've been really giving thought to whether I have the energy to ask for a MR or not, but, I've now had chance to review the PA4 and picked out a few holes in the report based on what remember discussing with the HP.

I've then gone on to listen to the recording that I had Capita make and I don't know whether its because of mobile signal on my phone or the recording equipment / software they use but, I can hear the HP clearly, but for my responses there are 'blips' so there are words that are obscure.

I remember being asked about a shoulder injury I have, and whether I have full range of movement (FROM). I know I answered "I don't.." On the recording all you can hear is "I d__", the HP can be heard typing and saying to herself "he still has full range of movement".

There are some other key areas where my answers are obscured by this patchiness in the recording. Looks like I'm going to have to work a bit harder to challenge these points.

Has anyone else had this when they've listened to the recordings made by the HPs?

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1 year 8 months ago #279996 by Gary
Hi Bretty

Now 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. Remember the one month time limit to make a mandatory reconsideration from the date of the Decision Notice.

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.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip

For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

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