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Neurology report and job being used against me
- Joco
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2 months 3 weeks ago #298561 by Joco
Neurology report and job being used against me was created by Joco
Hello,
I am applying for PIP and ESA. I included my neurology report which shows my diagnosis of FND to support my claim of having cognitive difficulties and sensory problems such as pins and needles and numbness. The assessor has said that the Neurology report stated that findings were normal and there were no cerebellar signs. From what I understand of FND they test to rule out other things, in my case, to rule out MS. There are often no signs of problems with structure of the brain as it is more an issue of processing that causes the cognitive issues. Similarly, the assessor writes that the neurology report states that upper and lower limb power, tone, reflexes and dexterity were within normal limits and no additional referrals have been made. That is because I do not have MS. I don't know how to explain that my Fibromyalgia pain and joint problems are still an issue as is the crippling fatigue from ME/CFS and that he was checking for signs of MS. I can't really ask the neurologist to make his report clearer for PIP purposes! Assessor also says that I am employed in Speech and Language therapy I don't have any problems speaking to people. I have already explained that I am losing my job because I can no longer effectively communicate. Unfortunately, the capability hearing is not until 14th which is after the date I need to send in my Mandatory Reconsideration request.
Assessor also states that because I can drive (albeit only up to 10 mins max and on familiar routes) it indicates that i have 'substantial abilities of concentration, memory, judgement, perception and safety awareness'. Concentration and memory are adversely affected by my FND.
Any advice from anyone please?
I am applying for PIP and ESA. I included my neurology report which shows my diagnosis of FND to support my claim of having cognitive difficulties and sensory problems such as pins and needles and numbness. The assessor has said that the Neurology report stated that findings were normal and there were no cerebellar signs. From what I understand of FND they test to rule out other things, in my case, to rule out MS. There are often no signs of problems with structure of the brain as it is more an issue of processing that causes the cognitive issues. Similarly, the assessor writes that the neurology report states that upper and lower limb power, tone, reflexes and dexterity were within normal limits and no additional referrals have been made. That is because I do not have MS. I don't know how to explain that my Fibromyalgia pain and joint problems are still an issue as is the crippling fatigue from ME/CFS and that he was checking for signs of MS. I can't really ask the neurologist to make his report clearer for PIP purposes! Assessor also says that I am employed in Speech and Language therapy I don't have any problems speaking to people. I have already explained that I am losing my job because I can no longer effectively communicate. Unfortunately, the capability hearing is not until 14th which is after the date I need to send in my Mandatory Reconsideration request.
Assessor also states that because I can drive (albeit only up to 10 mins max and on familiar routes) it indicates that i have 'substantial abilities of concentration, memory, judgement, perception and safety awareness'. Concentration and memory are adversely affected by my FND.
Any advice from anyone please?
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- BIS
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2 months 3 weeks ago #298629 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Neurology report and job being used against me
Hi Joco
I'm sorry this has happened. We always advise claimants not to submit reports that could be used against them, but sometimes it's not obvious that it will happen, and this may have happened in your case.
It's entirely possible that the assessor has little knowledge or experience of someone with FND. I was curious and just googled how many people in the UK have FND and the first article was from NICE (The National Institute for Care and Excellence)cks.nice.org.uk/topics/functional-neurol...Bennett%2C%202021%5D. This is a reputable source and if you're putting together a Mandatory Reconsideration -you may find some helpful information. Even though you don't know how much the assessor knows I am sure you will find information in the article that confirms your experience and evidence which will contradict her assumptions. You can say things like the assessor is "mistaken...", "is unaware..." is confused..." , "is Incorrect ..." (Don't be tempted to call the assessor an idiot or anything worse, however accurate or tempting it might be!).
One of the links from that site - goes to a reputable FND site - which you may need to quote from to emphasise that the assessor has "misunderstood" the neurology report and the impact of your symptoms neurosymptoms.org/en/
I'm sorry about your job issues - reiterate that the assessor has "ignored" evidence of your language difficulties.
You can only repeat the issues you have with Fibromyalgia and ME/CFS. It is hard to get through to some of these medical professionals that exhaustion from these conditions is nothing like other people experience when they say they are exhausted after a late night!
Driving is the one issue you need to be careful about arguing. Of course, you are allowed to drive, but be aware we have had a couple of members who have lost their driving licences because they argued hard on their PIP forms about their physical disabilities and the DWP contacted the DVLA saying that if the person was as ill as they said, then they should not be in charge of a vehicle. You won't win by saying you only drive for ten minutes - because everyone has to be strong enough to make emergency stops and manage a vehicle that can kill if it goes into a swerve. Please don't think I am implying you shouldn't drive. I just want you to be aware of the dangers of arguing against what she said. Challenge her ignorance by all means, but when you are putting together your MR, be cautious how you raise this point. Emphasise other things.
I realised I should have asked from the beginning: have you got your PA4 (assessment report), or have you just the decision letter? If you haven't got hold of the report you need to get it ASAP. It normally takes 7 - 10 days to arrive. If you have the PA4 - go through it thoroughly and look at the Guide to PIP Appeals on how to complete your MR and also look at the guide on how to challenge a medical report. It might help
If you have any other questions, do come back and ask. Good luck
BIS
I'm sorry this has happened. We always advise claimants not to submit reports that could be used against them, but sometimes it's not obvious that it will happen, and this may have happened in your case.
It's entirely possible that the assessor has little knowledge or experience of someone with FND. I was curious and just googled how many people in the UK have FND and the first article was from NICE (The National Institute for Care and Excellence)cks.nice.org.uk/topics/functional-neurol...Bennett%2C%202021%5D. This is a reputable source and if you're putting together a Mandatory Reconsideration -you may find some helpful information. Even though you don't know how much the assessor knows I am sure you will find information in the article that confirms your experience and evidence which will contradict her assumptions. You can say things like the assessor is "mistaken...", "is unaware..." is confused..." , "is Incorrect ..." (Don't be tempted to call the assessor an idiot or anything worse, however accurate or tempting it might be!).
One of the links from that site - goes to a reputable FND site - which you may need to quote from to emphasise that the assessor has "misunderstood" the neurology report and the impact of your symptoms neurosymptoms.org/en/
I'm sorry about your job issues - reiterate that the assessor has "ignored" evidence of your language difficulties.
You can only repeat the issues you have with Fibromyalgia and ME/CFS. It is hard to get through to some of these medical professionals that exhaustion from these conditions is nothing like other people experience when they say they are exhausted after a late night!
Driving is the one issue you need to be careful about arguing. Of course, you are allowed to drive, but be aware we have had a couple of members who have lost their driving licences because they argued hard on their PIP forms about their physical disabilities and the DWP contacted the DVLA saying that if the person was as ill as they said, then they should not be in charge of a vehicle. You won't win by saying you only drive for ten minutes - because everyone has to be strong enough to make emergency stops and manage a vehicle that can kill if it goes into a swerve. Please don't think I am implying you shouldn't drive. I just want you to be aware of the dangers of arguing against what she said. Challenge her ignorance by all means, but when you are putting together your MR, be cautious how you raise this point. Emphasise other things.
I realised I should have asked from the beginning: have you got your PA4 (assessment report), or have you just the decision letter? If you haven't got hold of the report you need to get it ASAP. It normally takes 7 - 10 days to arrive. If you have the PA4 - go through it thoroughly and look at the Guide to PIP Appeals on how to complete your MR and also look at the guide on how to challenge a medical report. It might help
If you have any other questions, do come back and ask. Good luck
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: lauren, Joco
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- denby
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2 months 3 weeks ago #298639 by denby
Replied by denby on topic Neurology report and job being used against me
MODs, please check content is OK, thanks.
Dear Joco, everything BIs says is wise. I had to argue over driving, though my issues are with physical stuff that causes joint pain, not CFS, fibro or ME. I see a possible line I think you could take, something like this:
"While I can manage to drive safely physically, my FND limits the length of time I can concentrate adequately for. Therefore I only ever do very short drives. I need to do these to avoid further extreme joint pain that would be caused by trying to walk or use public transport. I do not drive to unfamiliar places as this would be difficult due to my FND [add more explanation why?] After any journey that I do drive, I am very fatigued and have to rest before for example I could drive home again. " (put that in only if true)
Hope this helps,
Denby
Dear Joco, everything BIs says is wise. I had to argue over driving, though my issues are with physical stuff that causes joint pain, not CFS, fibro or ME. I see a possible line I think you could take, something like this:
"While I can manage to drive safely physically, my FND limits the length of time I can concentrate adequately for. Therefore I only ever do very short drives. I need to do these to avoid further extreme joint pain that would be caused by trying to walk or use public transport. I do not drive to unfamiliar places as this would be difficult due to my FND [add more explanation why?] After any journey that I do drive, I am very fatigued and have to rest before for example I could drive home again. " (put that in only if true)
Hope this helps,
Denby
The following user(s) said Thank You: Wendy Woo, Gary, Joco
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