Scoliosis

Wilf60

honeyhoney said:

Thanks... when it comes to medications, yes I have access to my "reapet prescribed medication" via NHS apps or better yet I send them the stickers from my blister pack that I have prescribed by the pharmacist for every 4 weeks.

I have 45 mg of Mirtazipine as an anti-depressant (the highest dose) which puts me to sleep practically all day long, but he says it's effective.

Good although if you can get a statement from a relative or friend who provides you with prompting that would be good evidence

poppy123456

@Wilf60 sorry but I couldn’t disagree more! I’ve said it before and I’ll say it one last time, you don’t need medical evidence for a successful PIP and to state otherwise is misleading. 

I will never believe the absolute nonsense that a newspaper writes. 

I’ve said all I need to say here so I won’t be responding any further to your comments. Enjoy the rest of your day. 

pip12345

@poppy123456 I appreciate your longstanding contribution to this forum.

However, from your comments so far you are consistently missing out the point on any comments made. 

We agree that it is not an absolute requirement for medical evidence, but common sense dictates it's always helpful to have medical evidence. 

pip12345

@poppy123456 may I ask in regards to your daughter's claim did you submit medical evidence on 2nd/3rd application?

poppy123456

Wilf60 said:

If you have any kind of invisible disability then you would be expected to provide medical evidence. I am willing to be proved wrong but I don't believe that for one minute 50% of PIP applications are being passed without any medical evidence

Wilf60 said:

Medical evidence for PIP

Medical evidence is crucial when applying for PIP and usually takes the form of a letter or report from your GP, consultant or other healthcare professional.

Medical professionals can explain what your condition is, your treatment and how the condition affects your everyday life.

Not all healthcare professionals are able or willing to write supporting letters, and they are not obliged to do so, but it is worth asking them and stressing how it could help your claim - just be aware they can charge a fee for writing this letter or report

I’m not missing the point at all. Wilf60 has persistently said that medical evidence is crucial for a PIP award. See quotes above. 

nasturtium

pip12345 said:

@poppy123456 I appreciate your longstanding contribution to this forum.

However, from your comments so far you are consistently missing out the point on any comments made. 

We agree that it is not an absolute requirement for medical evidence, but common sense dictates it's always helpful to have medical evidence. 

Hello pip12345

Poppy is 100% correct when she says that you do not need medical evidence for a successful claim for PIP. Let me give you this scenario of an individual who sufferes from severe anxiety and has agoraphobia. They have not seeked medical help in the past 7 years because of there anxiety and agoraphobia so they have ZERO medical evidence to add to there claim. They take no medication but that does not mean that they do not have that condition. They would need to explain in detail the restrictions there condition has on there abiity to complete the 12 PIP activities that apply to them according to the descriptors. That will be the base of there own anacdotal personal written evidence. It is what you put on the PIP2 Questionnaire form that counts because that is the most important evidence.

PIP is based on your ability to to complete the 12 activities reliably and that is "safely, repeatedly, in a timely manor and to an acceptable standard" and according to the descriptors. https://pipinfo.net/issues/reliably and this is enshrined in law.

Nasturtium

honeyhoney

Please look at my MR Template and tell me from the perspective of someone who natively speaks English, what does it sound like? Unfortunately, even though I have been living here for almost 20 years, I speak Polish better than English ))) I used Google Translator for this.

Dear Sir or Madam,

Mandatory Reconsideration Request – Personal Independence Payment (PIP)

Re:

PIP Decision Reference:

I am writing to you to request a mandatory reconsideration following your decision dated …….. for my application for PIP.

I disagree with the decision not to award PIP the daily living component and the mobility component

In reaching your decision I believe you have not take into account all the circumstances that were not known to you but could have a significant impact on the final award.

 

• Health Professional Assessment

 

I would like to emphasize that it is not my intention to question or criticize the assessor or the report itself. I would rather say that I was misunderstood during the telephone assessment or that the translator (English is not my first language) translated my answers incorrectly. I believe that an important factor supporting my statement were the conditions in which the assessment took place.

 Well, according to the attached documents (please see: audiology report, etc, etc...)

I suffer from serious hearing loss. On the day of the assessment, I didn't have my hearing aids yet. In order to understand anything, I had to connect my phone to a portable speaker via Bluetooth, which allowed me to amplify the sound, but not everything was understandable to me.

 At the very beginning, the assessor seemed to be very nervous and even started arguing with the interpreter that he was hearing some sounds (probably an echo or some feedback) and could not comfortably conduct the conversation.

 I informed her that I use the loudspeaker when I am unable to conduct a conversation on the phone otherwise.

 This assessment took a very short time and I think that it was for the reasons I mentioned that the assessor could have based his report on my answers, which were misunderstood translated.

 

• Decision Marker Report

 

-       You said: "Evidence shows you have no specialist input for any musculoskeletal condition"

 I would like to explain to you that I have been under the care of my GP and physiotherapist since February 2023 when I reported my problems.

 I was then informed that their procedure involves referral to a physiotherapist who is located in the same medical centre as my GP. If the procedures they propose do not work, I will be referred to an external specialist.

 For evidence, please see the attached documents: doc1, doc2, doc4, etc.

 As you can see, it is clear from them that I underwent "in-house physiotherapy" and performed the recommended exercises at home. It was only in September that I was referred by my GP to Dynamic Health and I have my first visit in January 2024 (see letter1... etc)

 -       You said: "You currently have no input from mental health care and report you medication is effective."

 I believe that this statement is not consistent with the facts. (Please see the attached report of the last 4 months of CBT therapy)

 My psychometric assessment s show severe depression and anxiety  and this is why I are now having a fuller mental health assessment with XY (please see attached confirmation of appointment in January).

 Because CBT treatment  and my medication did not helping me.

 Also, after re-examining my initial application, I noticed that I had left out important facts that also affected my award. I'm especially interested in 2 activities.

 -        Nutrition (eating and drinking)

 This word, due to my insufficient knowledge of English and my mental condition, confused me and I simply skipped this activity.

 -       Communication

 This is because at the time of writing the application, my only diagnosis was "ears clogged with wax" and no one was able to say what would happen after the wax was removed.

 Although my hearing problems had been progressing for about 20 years, I didn't know whether my hearing would return to an acceptable level after the wax removal procedure.

Therefore, the condition that the ailment must affect me for the next 9 months would not be met. Unfortunately, my hearing will never return to normal and will therefore impact my daily functioning for the rest of my life (please see attached evidences)

 

Before making a final decision, please also take into account the letter from my wife, who is my main caregiver and who, I believe, knows me better than I know myself.

 

Taking all this into account I believe I am eligible for the following points under the PIP criteria, as follows:

 

 

Daily Living Component

 

•          Activity 1 – Preparing food.

You have awarded 0 points.  I believe that….

 (here I would like to write a real-life example and in all descriptors)

Please let me know what it looks like from your perspective, is this concept good or will it go straight to the trash bin?

Wilf60

nasturtium said:

pip12345 said:

@poppy123456 I appreciate your longstanding contribution to this forum.

However, from your comments so far you are consistently missing out the point on any comments made. 

We agree that it is not an absolute requirement for medical evidence, but common sense dictates it's always helpful to have medical evidence. 

Hello pip12345

Poppy is 100% correct when she says that you do not need medical evidence for a successful claim for PIP. Let me give you this scenario of an individual who sufferes from severe anxiety and has agoraphobia. They have not seeked medical help in the past 7 years because of there anxiety and agoraphobia so they have ZERO medical evidence to add to there claim. They take no medication but that does not mean that they do not have that condition. They would need to explain in detail the restrictions there condition has on there abiity to complete the 12 PIP activities that apply to them according to the descriptors. That will be the base of there own anacdotal personal written evidence. It is what you put on the PIP2 Questionnaire form that counts because that is the most important evidence.

PIP is based on your ability to to complete the 12 activities reliably and that is "safely, repeatedly, in a timely manor and to an acceptable standard" and according to the descriptors. https://pipinfo.net/issues/reliably and this is enshrined in law.

Nasturtium

Your scenario doesn't make sense. To apply  for PIP a claimant has to show that they suffer with a long term physical or mental health illness or disability. For that they require medical evidence. If a claimant submitted a claim without doing so then the claim would be rejected due to lack of evidence of a condition. You seem to think that a claimant can self diagnose I can assure you they can't

I fully understand that the 12 activities need to be done reliably and to a safe standard. But a health assessor is not going to just accept your word for it. There has to be proof in the overwhelming amount of cases.

Poppy bases her opinion on her own personal claim. I base mine on hundreds of cases I have dealt with. 

Also the more evidence that is provided will result in a higher award. What I will not accept is that it is possible to receive enhanced care and enhanced mobility without significant evidence.

If you don't mind I won't be engaging with you again as I really don't think your opinion is helpful

chiarieds

pip12345 said:

If HA agrees with your anecdotal evidence. All and well.

If they don't as we see alot of this from posters.

Medical records are used to effectively dispute this.

Or else it's your word against HA who will be classed as a professional.

A professionals testimony holds greater weight in court.

As much as you might be correct you want to avoid court as much as you can.

Go the extra mile now and it will be easier down the line.

It's not what you know but it's what you can prove...

@honeyhoney is writing their MR, which will be looked at by another decision maker. If it should go to a tribunal, which is not a court & is purely inquisatorial, then tribunals are aware of the often poor quality of assessor's reports, & just want to hear from the claimant. Unfortunately you're therefore giving the wrong impression as a claimant has nothing to prove as a tribunal just wishes to find out on the balance of probabilities if a claimant's disability affects them as they state. Any medical diagnoses will not be in dispute.

poppy123456

nasturtium said:

pip12345 said:

@poppy123456 I appreciate your longstanding contribution to this forum.

However, from your comments so far you are consistently missing out the point on any comments made. 

We agree that it is not an absolute requirement for medical evidence, but common sense dictates it's always helpful to have medical evidence. 

Hello pip12345

Poppy is 100% correct when she says that you do not need medical evidence for a successful claim for PIP. Let me give you this scenario of an individual who sufferes from severe anxiety and has agoraphobia. They have not seeked medical help in the past 7 years because of there anxiety and agoraphobia so they have ZERO medical evidence to add to there claim. They take no medication but that does not mean that they do not have that condition. They would need to explain in detail the restrictions there condition has on there abiity to complete the 12 PIP activities that apply to them according to the descriptors. That will be the base of there own anacdotal personal written evidence. It is what you put on the PIP2 Questionnaire form that counts because that is the most important evidence.

PIP is based on your ability to to complete the 12 activities reliably and that is "safely, repeatedly, in a timely manor and to an acceptable standard" and according to the descriptors. https://pipinfo.net/issues/reliably and this is enshrined in law.

Nasturtium

I couldn't agree more. For anyone to say that medical evidence is needed and a claim would be rejected without it, is the biggest load of nonsense i've ever read. It's simply not true and i'm not just basing it on my own or my daughters claims. I'm also basing it off many hundreds of threads here.

poppy123456

Biblioklept said:

Wilf60 said:

nasturtium said:

pip12345 said:

@poppy123456 I appreciate your longstanding contribution to this forum.

However, from your comments so far you are consistently missing out the point on any comments made. 

We agree that it is not an absolute requirement for medical evidence, but common sense dictates it's always helpful to have medical evidence. 

Hello pip12345

Poppy is 100% correct when she says that you do not need medical evidence for a successful claim for PIP. Let me give you this scenario of an individual who sufferes from severe anxiety and has agoraphobia. They have not seeked medical help in the past 7 years because of there anxiety and agoraphobia so they have ZERO medical evidence to add to there claim. They take no medication but that does not mean that they do not have that condition. They would need to explain in detail the restrictions there condition has on there abiity to complete the 12 PIP activities that apply to them according to the descriptors. That will be the base of there own anacdotal personal written evidence. It is what you put on the PIP2 Questionnaire form that counts because that is the most important evidence.

PIP is based on your ability to to complete the 12 activities reliably and that is "safely, repeatedly, in a timely manor and to an acceptable standard" and according to the descriptors. https://pipinfo.net/issues/reliably and this is enshrined in law.

Nasturtium

Your scenario doesn't make sense. To apply  for PIP a claimant has to show that they suffer with a long term physical or mental health illness or disability. For that they require medical evidence. If a claimant submitted a claim without doing so then the claim would be rejected due to lack of evidence of a condition. You seem to think that a claimant can self diagnose I can assure you they can't

I've not got medical evidence. When I claimed DLA I didn't even have a diagnosis just a list of symptoms so I guess you could say I self diagnosed.
Now I claim PIP and ESA, I do have a diagnosis but sent no evidence of this. I don't have any medical evidence at all and the only things I've sent with my claims has been my own written words. 
My PIP claim they wrote to my GP who replied essentially saying to not waste his time and gave no information.

Thank you for this. Am i right it thinking that you also had a paper based assessment for your recent PIP review? Apologise, if i've got that wrong.

poppy123456

Biblioklept said:

Yep, paperbased for my initial PIP claim and paper based for my most recent review!! 

Thank you, i thought i remembered correctly. This is proof that my advice is correct, medical evidence isn't needed.

chiarieds

@nasturtium has indeed contributed in making sense, & I welcome their comment as always.

Wilf60 said:

Your scenario doesn't make sense. To apply  for PIP a claimant has to show that they suffer with a long term physical or mental health illness or disability. For that they require medical evidence. If a claimant submitted a claim without doing so then the claim would be rejected due to lack of evidence of a condition. You seem to think that a claimant can self diagnose I can assure you they can't

This is so incorrect, a person applying for PIP needs to have had difficulties for at least 3 months, which are expected to last at least a further 9 months. I do not know why you think only those with a long-term disability can apply. In fact anyone is entitled to claim PIP (unless their residency is in question), tho not all will be awarded. Medical evidence can have it's place, but is not the necessity you keep on implying, & your insistence gives others reading this the totally wrong impression by you repeatedly emphasising medical evidence.

Why can't a person self diagnose, a person knows their own body the best, & when whatever ails them is disabling, then as nasturtium also says they would need to describe exactly how they're affected considering the PIP descriptors. It should be remembered that PIP is looking at a person's functional difficulty in being able to do any of the descriptors reliably. It's not a medical, & a diagnosis does not matter, otherwise those with an undiagnosed condition would be unable to apply.

I fully understand that the 12 activities need to be done reliably and to a safe standard. But a health assessor is not going to just accept your word for it. There has to be proof in the overwhelming amount of cases.

Why would a healthcare professional not accept a claimant's word. They form their own opinion it's true, but, again as nasturtium has said, a well completed PIP2 giving a person's anecdotal evidence is the most important thing.

Poppy bases her opinion on her own personal claim. I base mine on hundreds of cases I have dealt with.

Like myself, Poppy has given a personal example, but does not base her opinion on this. Poppy has in fact helped thousands of people with her benefit's knowledge, but we all rely on reputable sources rather than the tabloids, as we're asked to do in this community. I think the knowledge of Welfare Rights Officers & case law is the rather more compelling.

Also the more evidence that is provided will result in a higher award. What I will not accept is that it is possible to receive enhanced care and enhanced mobility without significant evidence.

Is there any evidence for this, or is it another of your assumptions.

If you don't mind I won't be engaging with you again as I really don't think your opinion is helpful

nasturtium is also a valued member whose, not opinions, but insights, are always helpful.

chiarieds

Hi @honeyhoney - you are writing a well considered MR; you have given the background as to the difficulties you faced during your assessment, & a further explanation of the difficulties you've had for some time, including your hearing loss.

As well as the descriptors you're looking at in which to give your anecdotal evidence, then it's possible you should also look at the 'washing & bathing' one, as with your hearing loss, & not wearing your hearing aids if showering, or washing your hair, would you hear a smoke alarm, so it would be reasonable to consider you may need supervision to do this activity safely.

Similarly with the activity 'Going out/planning a journey' would you be safe around traffic; would you hear the noise of a car coming around a corner? So can you do this activity safely?

honeyhoney

@chiarieds Thank you for your opinion, it is very encouraging for me.

 My mental state can be compared to a sea wave.
I'm motivated and I want to keep going through this and in a moment I'll think about it

"Why do I need this? I don't care" and so on.

I don't really care about the money, if I don't get it I won't starve.
My life motto is: "I prefer dry bread, but MINE, than OTHER PEOPLE'S ham" (I don't know if it translated correctly and if you understand me).

The only reason this goes on and on is because I hate it when someone treats me like an idiot and dismisses me with made-up arguments.

If I don't qualify for PIP, ok, no problem, tell me your reason and explain why.
BUT don't put words in my mouth that I have NEVER said and don't write "YOU SAID..."

chiarieds

I'm hoping I understand @honeyhoney - you're right to query a couple of irrefutable examples as to where the decision maker/assessor got it wrong, but then leave it there. Concentrate then on where you should have gained points, & exactly why; this will help with your MR.

I do appreciate your frustration, & we all know that assessors get it wrong; they give their opinion, which may differ considerably from what you've said, but please don't concentrate on that. They're not there to just write down what you said, but form their own opinion, even when they get it wrong.

Keep going with giving your anecdotal evidence. Saying where you feel you should have gained points & exactly why is the way forward.

honeyhoney

Thanks @chiarieds regarding "anecdotal evidence",
I would like to give you an example from my initial form in which in the "preparation of food" section I described 2 events that happened to me. Tell me honestly, as a hypothetical assessor/DM, should I get points or is my way of thinking wrong? I got ZERO

Actually, my wife takes care of meal preparation.
She works part-time for 4 hours a day, due to our 11 and 13-year-old children and taking care of me. Unfortunately, I am unable to stand in one position for more than 5-10 minutes due to back pain and dizziness.
Despite these ailments, I try to be as independent as possible, within the limits of my health, to relieve my family and not be a burden to them. However, so far, with little success.

Yet, it's not only my current condition that led to my wife being the only one preparing meals. Let me explain with a few examples.

About 3 months ago, while my wife was preparing dinner,
I decided to make myself some tea.
She put a tea bag in a cup for me, while I turned on the electric kettle with water.

When the water boiled, I held the cup in my left hand, and the kettle in my right, intending to pour hot water into the cup. I was doing it mechanically, as I had done for many years, but my mind was elsewhere, if you know what I mean.
Instead of pouring it into the cup, I accidentally poured hot water on my left hand. Fortunately, my wife was nearby and immediately put my hand under cold water, so there were no serious burns.

After that incident, I was asked not to use the kitchen.

However, because I am stubborn, a month later, when my wife was at work,
I decided to make myself toast.

The toaster we had wasn't the kind where the toast pops up when it's ready; it was the type that closes, similar to making waffles.
So, I put the toast in and closed the toaster. Unfortunately, I started feeling unwell and dizzy, so I decided to go outside for some fresh air and sat on a bench in the garden.

I don't remember how long I was there; I simply forgot about the toaster.
After a while, my alarmed son, who had been sleeping after his night shift, came running. Through the open patio doors, he saw smoke coming out.
I asked what happened, and he told me that I had left the toast in the toaster, and it almost caused a fire.

Thankfully, we have a smoke alarm in the kitchen, and it was the one that woke him up.

Unfortunately, due to my hearing problems, I didn't hear it at all. After this incident,

I received a complete ban on using the kitchen, as my actions not only endangered me but the whole family and even our neighbors, which I completely agree with.

Hannah_Alumni

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@honeyhoney I am so sorry to read that you are having to go through the MR process. I see members of the community have come out to support you Please keep us updated! 

@Wilf60 There are many people who need that extra support from PIP and successfully claim it without any medical evidence.

I think one of the reasons it isn't necessary in the process to have medical evidence, and it isn't nice to remember, is because there are many caught in the backlogs. 

Still having tests, waiting on support, waiting on a diagnosis, battling each day for a doctor's appointment. Doesn't mean they cannot get any help in the meantime. If everyone had to wait on a diagnosis... I struggle to imagine the thought 

chiarieds

Hi @honeyhoney - when you say you're unable to stand to prepare a meal due to back pain & dizziness, then it could be thought that you could sit to do so instead. A perching stool is often mentioned, but this would be considered an aid, which should mean 2 points.

The way you have described the 2 recent incidents that happened is giving the right sort of detail for your anecdotal evidence, & that you can't do so safely.

The only other thing I can think of is that it might be considered that you could microwave a prepared or ready meal, so are you able to use a microwave instead? If you can, then this also should result in 2 points, if you can't use one, then explain why.

honeyhoney

Thank you for your answer... but you see, my feelings are right.

If someone/assessor decides that for some known reason (I think he was very angry because of "some sound" he heard during the conversation), he will not award you points despite "anecdotal evidence".

He only asked me one question: "can I peel vegetables sitting down?"
I answered (truthfully) -  "NO, because my right hand often hurts, and when my wife recently asked me to peel and cut an onion for a salad (while she was in tears),
I wanted her to help me using my left hand, but unfortunately I hurt my finger in my right hand while cutting it.

However, the DM report says: "You said you can peel and cut vegetables..." therefore "0"

So as you can see, it's a "fight against windmills"

Back to the question, is it normal for them to send you so many reminders?

1. Two weeks before the assessment, a letter from Capita

2. One Week Before SMS

3. Three days before SMS

4. The day before the text message

5. hour before SMS

Is this a normal procedure?