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Mandatory reconsideration refused.
- guge66
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10 years 1 month ago - 10 years 1 month ago #132128 by guge66
Mandatory reconsideration refused. was created by guge66
Hi everyone
Just had news this morning that my wife has had her Mandatory reconsideration declined.
History:-
My wife has a colostomy bag that peels off and leaks 4-5 nights a week (usually with significant devastation) and she can't handle this (nausea), so it is left to me to clean her up and sort out the issue. She struggles changing the bag under normal circumstances but she can if it's contained. She also has to self catheterise because her bladder does not communicate with her brain following being handled during the cancer op. Following an op for a subsequent hernia/prolapse (Downstairs) insertion of the catheter is very hit and mostly miss so she mostly needs help with this also. My wife is so despondent now that she doesn't want to continue to appeal because of the negative frame of mind this has placed her in.
I know that it's not the decision of the forum members to award pip but could some of you guys/gals come back to me with a view point that helps us forward or even confirms capita's decision
many thanks in advance
guge66
Just had news this morning that my wife has had her Mandatory reconsideration declined.
History:-
My wife has a colostomy bag that peels off and leaks 4-5 nights a week (usually with significant devastation) and she can't handle this (nausea), so it is left to me to clean her up and sort out the issue. She struggles changing the bag under normal circumstances but she can if it's contained. She also has to self catheterise because her bladder does not communicate with her brain following being handled during the cancer op. Following an op for a subsequent hernia/prolapse (Downstairs) insertion of the catheter is very hit and mostly miss so she mostly needs help with this also. My wife is so despondent now that she doesn't want to continue to appeal because of the negative frame of mind this has placed her in.
I know that it's not the decision of the forum members to award pip but could some of you guys/gals come back to me with a view point that helps us forward or even confirms capita's decision
many thanks in advance
guge66
Last edit: 10 years 1 month ago by . Reason: tick.
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- Gordon
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10 years 1 month ago #132153 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration refused.
guge66
You say that there was no award, but did she actually score points for the Managing Toilet Needs descriptor?
Did she score points for any other Descriptors?
Have you seen the assessment report, this will likely explain how the Decision Maker came to there conclusions?
If you only expect to score points for the above descriptor then the only way that she will receive an award would be for her to meet sub-descriptor (f).
f. Needs assistance to be able to manage incontinence of both bladder and bowel. 8 points
Potential issues that reduce the points she scored would likely be whether she can perform the actions that you include in your post but chooses not to, versus she cannot perform these actions, for example in your post you indicate that she can on occasion self catheter, this introduces an element of doubt that she needs assistance.
However, even if she can on occasion, she must be able to do reliably for points to be deducted. Reliably means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Gordon
You say that there was no award, but did she actually score points for the Managing Toilet Needs descriptor?
Did she score points for any other Descriptors?
Have you seen the assessment report, this will likely explain how the Decision Maker came to there conclusions?
If you only expect to score points for the above descriptor then the only way that she will receive an award would be for her to meet sub-descriptor (f).
f. Needs assistance to be able to manage incontinence of both bladder and bowel. 8 points
Potential issues that reduce the points she scored would likely be whether she can perform the actions that you include in your post but chooses not to, versus she cannot perform these actions, for example in your post you indicate that she can on occasion self catheter, this introduces an element of doubt that she needs assistance.
However, even if she can on occasion, she must be able to do reliably for points to be deducted. Reliably means
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- guge66
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10 years 1 month ago #132213 by guge66
Replied by guge66 on topic Mandatory reconsideration refused.
Thank you for your response Gordon,
My wife was only awarded 2 points for managing toilet needs because she needs to use an appliance.
There was no mention of my intervention when cleaning up is required in fact that help appears to have been dismissed altogether.
No mention of me having to insert her catheter and drain her bladder for her when she has tried and failed to insert into the correct hole, I am aware of her attempting to insert as many as 12 catheters and failing with every one of them (when they go in the wrong hole the must be discarded because of the high risk of UTI) and sitting on the toilet until she has rung her sister to come and help her. We have recently asked her Mum to come and live with us on a permanent basis because WE recognise the necessity for assistance.
With regard to choosing not to versus inability to do so, my wife has always struggled with excrement, even our children had to be nappy changed by her mum/me/or anyone about at the time as nausea has always been an issue where poo is involved.
There appears to be a MAJORITY OF THE TIME clause running through this report but when my wife needs help dressing/undressing because of excrement on her body / in her clothing it's 100% of the time that this assistance is needed but because she can dress/undress by herself under normal circumstances this clause is being used and her claim being rejected.
Thanks again
guge66
My wife was only awarded 2 points for managing toilet needs because she needs to use an appliance.
There was no mention of my intervention when cleaning up is required in fact that help appears to have been dismissed altogether.
No mention of me having to insert her catheter and drain her bladder for her when she has tried and failed to insert into the correct hole, I am aware of her attempting to insert as many as 12 catheters and failing with every one of them (when they go in the wrong hole the must be discarded because of the high risk of UTI) and sitting on the toilet until she has rung her sister to come and help her. We have recently asked her Mum to come and live with us on a permanent basis because WE recognise the necessity for assistance.
With regard to choosing not to versus inability to do so, my wife has always struggled with excrement, even our children had to be nappy changed by her mum/me/or anyone about at the time as nausea has always been an issue where poo is involved.
There appears to be a MAJORITY OF THE TIME clause running through this report but when my wife needs help dressing/undressing because of excrement on her body / in her clothing it's 100% of the time that this assistance is needed but because she can dress/undress by herself under normal circumstances this clause is being used and her claim being rejected.
Thanks again
guge66
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- Gordon
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10 years 1 month ago #132230 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mandatory reconsideration refused.
guge66
Your latest post suggests that there are good reasons to dispute the Decision of the DWP, as the MR process has completed your only way forward with this claim is to make an appeal to the Tribunal Service, they will look at the facts with new eyes. See our PIP MR & Appeal guide for details of how to make an appeal. See
www.benefitsandwork.co.uk/help-for-claimants/pip
You can also make a new claim for PIP as there is no waiting period, but you need to be aware that any new Decision will limit any award made by a Tribunal.
You can make a submission to the appeal re-presenting the information that you included on the original PIP form, you can also present new evidence if you have any available.
If you have the assessment report then this should give you some understanding of the issues that you need to address, your primary concern is showing that she meets the criteria, of necessity this means you must deal with issues in the report and the Decision Makers findings, but don't spend all your time dealing with these issues alone as it will not result in an award.
If you have more questions then please reply to this topic and we do our best to help.
Gordon
Your latest post suggests that there are good reasons to dispute the Decision of the DWP, as the MR process has completed your only way forward with this claim is to make an appeal to the Tribunal Service, they will look at the facts with new eyes. See our PIP MR & Appeal guide for details of how to make an appeal. See
www.benefitsandwork.co.uk/help-for-claimants/pip
You can also make a new claim for PIP as there is no waiting period, but you need to be aware that any new Decision will limit any award made by a Tribunal.
You can make a submission to the appeal re-presenting the information that you included on the original PIP form, you can also present new evidence if you have any available.
If you have the assessment report then this should give you some understanding of the issues that you need to address, your primary concern is showing that she meets the criteria, of necessity this means you must deal with issues in the report and the Decision Makers findings, but don't spend all your time dealing with these issues alone as it will not result in an award.
If you have more questions then please reply to this topic and we do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: guge66
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