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pip decisions advice on reconsideration
- norman21
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9 years 8 months ago #139579 by norman21
pip decisions advice on reconsideration was created by norman21
just been turned down for pip -
not totally unexpected as took me 18 months of fighting to get esa but seriously - do they just make up the points they give you randomly ? i have asked for copy of their report but would welcome advice on how to proceed as they have given me points for things where i did not think i would get them and not points elsewhere - so with doing a mandatory reconsideration should i question the points that i think are wrong or not ?
i got 7
2 for bathing - told them i was ok to shower in the mornings although takes me longer with pain fatigue ?
they agree that i can do things in the mornings slowly due to fatigue pain ( from four illnesses ) but they say this only affects bathing not anything else - such as dressing or anything else
how can they say i have issues with fatigue so cant complete tasks in the afternoon and evenings but it only counts for bathing - which i said i do in the morning
got 4 points for mobility says i cant walk more than 50 metres - but i can - not trying to get mobility told them i can walk that far (200 metres |) although it makes me tired so really confused to why got four points - they said i told them i had problems with other areas where i did not such as incontinence (although no points ) - should i bring this up - or just concentrate on where i think i should get points - the initial report from them is so confusing ?
they said they agree i struggle to prepare food and monitor my health but not with taking nutrition because my mood was too good ? - i explained my difficulty with taking nutrition was from the same fatigue etc pain form where they agreed i needed help ?
i got nothing for mixing with other people although got 6 point only originally for this with esa (atos) have severe anxiety and depression and cried throughout the whole assessment and screamed when a big bug crawled up my leg - i cant take anti depressant meds due to severe side effects which i mentioned and also due to side effects of other meds make anxiety worse - but they assessor says my mood was good all the time even though i struggled to answer lots of her questions on the day
is it best just to get their report and try to get more evidence about anxiety depression as having more treatment at the moment as i thought this was the main area i would score in and also maybe communication as i get excessive day time sleepiness from a form of narcolepsy so when asleep or tired struggle to speak as confused
i dont want to get into trouble for them saying i cant walk more than 50 metres when i can but also i feel i should get the basic care bit at least as i struggle every day with lots of things so
not sure how best to handle this when writing an appeal - as i only have to fight for one more point but if i tell them them mobility bit is wrong will this make things even worse for me ?
also one more question if ok ? They said they had a letter from my GP - i gave them several letters from my GP as evidence - how do i know if they spoke to my gp separately - is there something i can ask for to check if they did ?
sorry for the long post - just confused and upset and not sure how best to start
thank you very much
not totally unexpected as took me 18 months of fighting to get esa but seriously - do they just make up the points they give you randomly ? i have asked for copy of their report but would welcome advice on how to proceed as they have given me points for things where i did not think i would get them and not points elsewhere - so with doing a mandatory reconsideration should i question the points that i think are wrong or not ?
i got 7
2 for bathing - told them i was ok to shower in the mornings although takes me longer with pain fatigue ?
they agree that i can do things in the mornings slowly due to fatigue pain ( from four illnesses ) but they say this only affects bathing not anything else - such as dressing or anything else
how can they say i have issues with fatigue so cant complete tasks in the afternoon and evenings but it only counts for bathing - which i said i do in the morning
got 4 points for mobility says i cant walk more than 50 metres - but i can - not trying to get mobility told them i can walk that far (200 metres |) although it makes me tired so really confused to why got four points - they said i told them i had problems with other areas where i did not such as incontinence (although no points ) - should i bring this up - or just concentrate on where i think i should get points - the initial report from them is so confusing ?
they said they agree i struggle to prepare food and monitor my health but not with taking nutrition because my mood was too good ? - i explained my difficulty with taking nutrition was from the same fatigue etc pain form where they agreed i needed help ?
i got nothing for mixing with other people although got 6 point only originally for this with esa (atos) have severe anxiety and depression and cried throughout the whole assessment and screamed when a big bug crawled up my leg - i cant take anti depressant meds due to severe side effects which i mentioned and also due to side effects of other meds make anxiety worse - but they assessor says my mood was good all the time even though i struggled to answer lots of her questions on the day
is it best just to get their report and try to get more evidence about anxiety depression as having more treatment at the moment as i thought this was the main area i would score in and also maybe communication as i get excessive day time sleepiness from a form of narcolepsy so when asleep or tired struggle to speak as confused
i dont want to get into trouble for them saying i cant walk more than 50 metres when i can but also i feel i should get the basic care bit at least as i struggle every day with lots of things so
not sure how best to handle this when writing an appeal - as i only have to fight for one more point but if i tell them them mobility bit is wrong will this make things even worse for me ?
also one more question if ok ? They said they had a letter from my GP - i gave them several letters from my GP as evidence - how do i know if they spoke to my gp separately - is there something i can ask for to check if they did ?
sorry for the long post - just confused and upset and not sure how best to start
thank you very much
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9 years 8 months ago #139586 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip decisions advice on reconsideration
Norman
At the risk of making your situation worse the points for Daily Living and Mobility are separate so it sounds as if you have 5+2 points and not 7 and therefore need 3 more points for Daily rather than the 1 you think you need.
It is possible that the Assessment Provider (AP) contacted your GP directly, although your profile would suggest not, the quickest way to find out is to contact your surgery and ask.
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 for details of the process and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
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;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
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.
Gordon
At the risk of making your situation worse the points for Daily Living and Mobility are separate so it sounds as if you have 5+2 points and not 7 and therefore need 3 more points for Daily rather than the 1 you think you need.
It is possible that the Assessment Provider (AP) contacted your GP directly, although your profile would suggest not, the quickest way to find out is to contact your surgery and ask.
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 for details of the process and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
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;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: norman21
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9 years 8 months ago #139587 by norman21
Replied by norman21 on topic pip decisions advice on reconsideration
Hi
thank you
i have already asked for the report by telephone and by recorded letter so hopefully that should answer some things
can i ask something else ? on my esa they gave me points for not mixing with other people - could i use this for evidence or not ? or is it best to stick to my own evidence
thank you
i have already asked for the report by telephone and by recorded letter so hopefully that should answer some things
can i ask something else ? on my esa they gave me points for not mixing with other people - could i use this for evidence or not ? or is it best to stick to my own evidence
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9 years 8 months ago #139588 by Gordon
You certainly can, but the criteria for the two benefits are different even in the areas where the two overlap, so you will need to relate the Descriptor you scored points for in your ESA award to one of the Descriptors for PIP for it to have weight.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip decisions advice on reconsideration
norman21 wrote: Hi
thank you
i have already asked for the report by telephone and by recorded letter so hopefully that should answer some things
can i ask something else ? on my esa they gave me points for not mixing with other people - could i use this for evidence or not ? or is it best to stick to my own evidence
You certainly can, but the criteria for the two benefits are different even in the areas where the two overlap, so you will need to relate the Descriptor you scored points for in your ESA award to one of the Descriptors for PIP for it to have weight.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: norman21
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