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Making Amendments After Submitting New Claim.
- Timothy
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8 months 2 days ago #288575 by Timothy
Making Amendments After Submitting New Claim. was created by Timothy
Good Evening everyone,
I recently was diagnosed with Fibromyalgia, with a widespread pain index of 16, and severity score of 10 and a MSP of 8. The onset of this condition came on 18 months ago and since then, my pain levels have been getting worse and worse, with regular cramping and hypersensitivity as well regular headaches and heightened IBS symptoms.
I feel that when I filled in the online form that I may have been a little bit too conservative with my answers, especially with regards to my mobility capabilities. I struggle most days to walk any distance without my walking stick for support, however my capacity to walk anything more than 50m in one go as been drastically reduced in recent weeks. Only last weekend, I struggled to walk from my car in McDonald’s car park to the restaurant without feeling like I was gonna keel over and die, and I’m ashamed to say that was likely less than 25meters. I managed, just with my stick and my partner on the other arm, but to say I was embarrassed was an understatement.
What I’d like to know is, would I be able to contact the DWP and ask them to change my abilities regarding questions relating to mobility, I did my form three weeks ago, and I feel they may see this as suspect.
I just wish I found this website before filling in my form, as I think I was a bit limited and maybe a bit too blasé with my answers.
Any help regarding this matter would be greatly appropriated.
Thanks
Tim
I recently was diagnosed with Fibromyalgia, with a widespread pain index of 16, and severity score of 10 and a MSP of 8. The onset of this condition came on 18 months ago and since then, my pain levels have been getting worse and worse, with regular cramping and hypersensitivity as well regular headaches and heightened IBS symptoms.
I feel that when I filled in the online form that I may have been a little bit too conservative with my answers, especially with regards to my mobility capabilities. I struggle most days to walk any distance without my walking stick for support, however my capacity to walk anything more than 50m in one go as been drastically reduced in recent weeks. Only last weekend, I struggled to walk from my car in McDonald’s car park to the restaurant without feeling like I was gonna keel over and die, and I’m ashamed to say that was likely less than 25meters. I managed, just with my stick and my partner on the other arm, but to say I was embarrassed was an understatement.
What I’d like to know is, would I be able to contact the DWP and ask them to change my abilities regarding questions relating to mobility, I did my form three weeks ago, and I feel they may see this as suspect.
I just wish I found this website before filling in my form, as I think I was a bit limited and maybe a bit too blasé with my answers.
Any help regarding this matter would be greatly appropriated.
Thanks
Tim
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- Gordon
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8 months 2 days ago #288586 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Making Amendments After Submitting New Claim.
T
Legally, PIP can only consider limitations that have existed for at least three months and are expected to last for at least another nine.
You say that your walking has only reduced over the last couple of weeks so at the moment it will not be considered.
If this is a new claim for PIP then I would expect you to be assessed quite quickly, you can mention the change if you have an assessment but I would not rely on your scoring for it.
If this is a review then there are considerable delays in the assessment process and it is more than likely that it will take more than three months before your claim is looked at. Once the three months have elapsed write to the DWP detailing the change, in effect, re-write your response to the Moving Around activity.
Gordon
Legally, PIP can only consider limitations that have existed for at least three months and are expected to last for at least another nine.
You say that your walking has only reduced over the last couple of weeks so at the moment it will not be considered.
If this is a new claim for PIP then I would expect you to be assessed quite quickly, you can mention the change if you have an assessment but I would not rely on your scoring for it.
If this is a review then there are considerable delays in the assessment process and it is more than likely that it will take more than three months before your claim is looked at. Once the three months have elapsed write to the DWP detailing the change, in effect, re-write your response to the Moving Around activity.
Gordon
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- Timothy
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8 months 2 days ago #288590 by Timothy
Replied by Timothy on topic Making Amendments After Submitting New Claim.
This is a brand new claim, so you think I’d be assessed quickly, I put claim in three weeks ago?
Also thank you for clarifying how amendments would work with regards to time frame requirements.
I’m stressing over the assessment as I worry they will catch me on a bad day where I’m not completely attentive and answer their questions with little to no detail. I hear assessors have been known to use things against you, like saying if you can drive you can do other things like cut vegetables for example, but I find cutting vegetables with a knife for example so much harder than holding onto a steering wheel or a gear knob.
How can I ensure I get my issues and limitations across without them taking the very first thing I say and assuming the rest?
Sorry for the questions,
Thanks
Tim
Also thank you for clarifying how amendments would work with regards to time frame requirements.
I’m stressing over the assessment as I worry they will catch me on a bad day where I’m not completely attentive and answer their questions with little to no detail. I hear assessors have been known to use things against you, like saying if you can drive you can do other things like cut vegetables for example, but I find cutting vegetables with a knife for example so much harder than holding onto a steering wheel or a gear knob.
How can I ensure I get my issues and limitations across without them taking the very first thing I say and assuming the rest?
Sorry for the questions,
Thanks
Tim
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- Chris
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8 months 1 day ago #288602 by Chris
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Chris on topic Making Amendments After Submitting New Claim.
Hi Timothy,
I had exactly the same trouble as you've mentioned in relation to the driving and chopping vegetables - It's ludacris how they come to their decisions at times - I wouldn't be surprised if they're told to try score people as little points as possible, because that's what it feels like at times.
My only thoughts with this are - just keep pushing till the end, till you get to the courts stage, and see if justice prevails.
Being a worrier myself, I overthought my claim(s) and got absolutely nowhere trying to get my point across - they only seemed to listen when the guides on here that advised mentioned how to word things, and with the help of someone who actually knows me and what I've been like for the past 20-25 years, so their character statement helped.
Regards, Chris.
I had exactly the same trouble as you've mentioned in relation to the driving and chopping vegetables - It's ludacris how they come to their decisions at times - I wouldn't be surprised if they're told to try score people as little points as possible, because that's what it feels like at times.
My only thoughts with this are - just keep pushing till the end, till you get to the courts stage, and see if justice prevails.
Being a worrier myself, I overthought my claim(s) and got absolutely nowhere trying to get my point across - they only seemed to listen when the guides on here that advised mentioned how to word things, and with the help of someone who actually knows me and what I've been like for the past 20-25 years, so their character statement helped.
Regards, Chris.
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- Timothy
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8 months 1 day ago #288607 by Timothy
Replied by Timothy on topic Making Amendments After Submitting New Claim.
Thank you, Chris, for your response.
I have tried to articulate how me being able to drive should have no bearing on my abilities to take on unrelated activities. As mentioned above, grip strength is a vastly dependent situation, as there are many ways to apply grip. Using a knife to chop vegetables, can be jarring, and painful, as you are pushing downwards on the knife into a hard surface (chopping board). In a car you’re lightly gripping the wheel, feeding it through your hands, and with regards to the gear knob, you’re gently moving a circular shaped knob backwards and forwards with little to no effort. And these actions are all done within what I’d consider close proximity to the body, as well as being rather neutral in posture, you’re not lifting your arms above shoulder height and you’re not lowering them below the waistline. And you’re definitely not moving your arms behind your body, like you’re trying to wipe yourself after going the toilet. So, how on earth can they make such assumptions.
Driving as I’m sure you know requires mental focus, but not because you have to think of your physical actions, as for most this becomes instinctive, but for things like having road awareness, and looking out for danger. This is why for myself, ensuring familiarity with my route, is key to me not becoming flustered, overwhelmed and panicky, and there for loosing concentration. This is why I cannot plan a journey or take on an unfamiliar trip without my partner.
Unfortunately, I have to drive, take the kids to school, like I did before the onset of my Fibromyalgia. But this is familiar to me, and isn’t too strenuous, mentally, well the driving part of it anyway. But after every drive, I do suffer with hip, leg and back pains, which sometimes I don’t have before I start the journey, they are caused by being sat in the car, and operating it as required. So, there for I struggle to do anything on my return home and find myself needing prolonged periods of rest before continuing on with my day.
To note, my assessment is next Wednesday the 13th with Capita.
Regards
Tim
I have tried to articulate how me being able to drive should have no bearing on my abilities to take on unrelated activities. As mentioned above, grip strength is a vastly dependent situation, as there are many ways to apply grip. Using a knife to chop vegetables, can be jarring, and painful, as you are pushing downwards on the knife into a hard surface (chopping board). In a car you’re lightly gripping the wheel, feeding it through your hands, and with regards to the gear knob, you’re gently moving a circular shaped knob backwards and forwards with little to no effort. And these actions are all done within what I’d consider close proximity to the body, as well as being rather neutral in posture, you’re not lifting your arms above shoulder height and you’re not lowering them below the waistline. And you’re definitely not moving your arms behind your body, like you’re trying to wipe yourself after going the toilet. So, how on earth can they make such assumptions.
Driving as I’m sure you know requires mental focus, but not because you have to think of your physical actions, as for most this becomes instinctive, but for things like having road awareness, and looking out for danger. This is why for myself, ensuring familiarity with my route, is key to me not becoming flustered, overwhelmed and panicky, and there for loosing concentration. This is why I cannot plan a journey or take on an unfamiliar trip without my partner.
Unfortunately, I have to drive, take the kids to school, like I did before the onset of my Fibromyalgia. But this is familiar to me, and isn’t too strenuous, mentally, well the driving part of it anyway. But after every drive, I do suffer with hip, leg and back pains, which sometimes I don’t have before I start the journey, they are caused by being sat in the car, and operating it as required. So, there for I struggle to do anything on my return home and find myself needing prolonged periods of rest before continuing on with my day.
To note, my assessment is next Wednesday the 13th with Capita.
Regards
Tim
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- BIS
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8 months 1 day ago #288620 by BIS
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Replied by BIS on topic Making Amendments After Submitting New Claim.
Hi Timothy
I hope that your assessment goes well.
Be warned - they are likely to focus on the fact that you drive particularly if you have mentioned it and compared it to other activities.
I understand what you're saying - but one of the big differences that they focus on is that in order to drive you have to be able to perform an emergency stop which means you have to grip the steering wheel. A car can potentially kill people and the DWP have been known to write to the DVLA and say that a claimant is not safe to drive a car due to what they have said on their PIP forms.
Please don't think I'm trying to put you down in any way - I just don't want you to get a nasty surprise when it comes to your assessment. If this is a new claim, I assume you have not dealt with the PIP process before. They are not supposed to penalise people for driving - but they often do. So be aware the assessor may try and catch you out on this issue.
Make sure they are clear about how little you drive - the necessity to drive and how you manage during the rest of the day with your pain, fatigue etc.
BIS
I hope that your assessment goes well.
Be warned - they are likely to focus on the fact that you drive particularly if you have mentioned it and compared it to other activities.
I understand what you're saying - but one of the big differences that they focus on is that in order to drive you have to be able to perform an emergency stop which means you have to grip the steering wheel. A car can potentially kill people and the DWP have been known to write to the DVLA and say that a claimant is not safe to drive a car due to what they have said on their PIP forms.
Please don't think I'm trying to put you down in any way - I just don't want you to get a nasty surprise when it comes to your assessment. If this is a new claim, I assume you have not dealt with the PIP process before. They are not supposed to penalise people for driving - but they often do. So be aware the assessor may try and catch you out on this issue.
Make sure they are clear about how little you drive - the necessity to drive and how you manage during the rest of the day with your pain, fatigue etc.
BIS
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