- Posts: 9
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Managing Therapy or Monitoring a Health Condition
× Members
Managing Therapy or Monitoring a Health Condition
- JockR
- Topic Author
- Offline
Less More
1 year 6 months ago #280885 by JockR
Managing Therapy or Monitoring a Health Condition was created by JockR
My have been wife has just had a copy of her P4A back and scored no points under the subject heading, even though she needs to use a pil box with the days on it if I wasnt here. In reality I give her, her morning meds first thing in the morning, and place the other in a pil box for the remainder of the day, although normally my daughter visits and gives her them, and when I know she will be on her own I call to check on her and remind her. The reasons for not supporting is ' Although memory issues have been reported, she was able to provide the details of a complex medical history and undertake the assessment with minimal support, showing adequate general memoryfor the purpose of this activity. Whilst aids has been considered, this has been ruled out given the evidence from the SOH showing she can drive a car and FH showing activity 2 she can use normal cutlery and activity 5 she can manage her own toilet needs with aids suggests that she has sufficient retained power and grip to be able to manage this activity unaided'. My wife suffers with FM and becomes tired as the day progresses, and becomes more forgetful also she cannot always get her small tablets out the foil. The assessment took place at 0900hrs in the morning whilst she is more alert. It seems to me that they have taken this 1 point off due to if she did receive it she would have qualified for 'Enhanced rate', this was a reassessment and she scored the 1 point previously. could someone help/advise on how she can go about asking for them to re-look and under what grounds? Thanks in advance.
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8213
1 year 6 months ago #280914 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Managing Therapy or Monitoring a Health Condition
Hi JockR
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.
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.
Information about driving, and the correlation with every other PIP activity, LL26 wrote a good post on this issue.
benefitsandwork.co.uk/kunena/10-dla-esa-...8543-pip-and-driving
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
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.
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.
Information about driving, and the correlation with every other PIP activity, LL26 wrote a good post on this issue.
benefitsandwork.co.uk/kunena/10-dla-esa-...8543-pip-and-driving
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
The following user(s) said Thank You: JockR
Please Log in or Create an account to join the conversation.
- MindDisaster
- Offline
Less More
- Posts: 7
1 year 6 months ago #280919 by MindDisaster
Replied by MindDisaster on topic Managing Therapy or Monitoring a Health Condition
Consider consulting with a welfare rights advisor, disability advocate, or solicitor who specializes in disability benefits. They can provide guidance on the best course of action based on your specific circumstances.
The following user(s) said Thank You: JockR
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David