Is this PIP claim salvagable would you say?

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Adeline

My mum applied for PIP early last year and was declined in about July. 

I of course am aware that PIP isn't about conditions but to give you an idea, she has had most of her left foot amputated and her right foot has a large ulcer that won't heal on the ball of the foot. Without going into graphic detail it is an open wound about the size of a golf ball that no longer has any tissue so she can't stand with that foot either and is in considerable pain. Her right arm, shoulder and part of her face are paralysed from a stroke. She has severely uncontrolled diabetes and has been in a diabetic coma a number of times. 

Her wound is cleaned by a nurse 2 to 3 times a week. She's had multiple series infections, including sepsis and a bone infection, due to her foot ulcer. The nurse that comes to the house to clean her foot used to works as a PIP assessor and recommended my mum made a claim. 

She put in the claim but here's where it gets complicated: My mum is an incredibly proud woman. She won't let people help her and will not admit her own limitations. So at her assessment she answered everything in that way. 

For example: 
Q. Who cooks dinner?
"I do." (She props herself up balanced leaning against the kitchen side, uses her dead dead arm to weigh stuff down in place and her good hand to do things and won't let her husband help - but it takes ages and he still has to carry stuff about and do most the actual physical work)

0 points. Can prepare a meal.

Q. How far can you walk?
"If I need to I can go any distance." (In excruitiating pain and against medical advice! But of course she didn't add that in)

0 points. Can walk unaided.

Q. Do you need help to bathe or shower? How do you stay clean?
"I do it myself, I don't need any help." (She uses wet wipes to wipe herself down a few times a week)

0 points


And so on.

She feels she can't appeal as the report is accurate to what she said, and she does believe she answered fairly. I feel like she didn't because they didn't ask any follow up questions.

Any advice?

chiarieds

I'm so sorry to read about your Mum's problems @Adeline - having had 3 leg ulcers myself, but not due to diabetes, I know how painful just these on their own can be.

Yes, your Mum can proceed with her claim, as you can do a Mandatory Reconsideration (MR) within 13 months of your decision letter, as you likely know, just have to give a reason, which in the very unlikely event of the DWP refusing this, then you can just continue by appealing to a Tribunal.

The bit that needs to be emphasised with a MR is about 'reliability.' Yes, your Mum can do things, but she's in pain, it takes her longer, etc.

You can read more about this reliability concept here: https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#reliability-1

So, please tell her to not concentrate on the assessor's report, nor her decision letter, but say where she should have got points, & exactly why. If you could get her to give a couple of detailed examples (thinking back to the time of her assessment)  as to the difficulty she faces for each applicable descriptor, i.e. when did it happen, where, what happened, did anyone see this, & were there any consequences to attempting/doing an activity?

Remember that PIP is also how you are the majority of the time, so if your Mum is unable to bathe/shower as often as would normally be expected, then she should have got points for this too.

As an example, I'm in pain the moment I'm upright, so altho I can physically put one foot in front of the other, I can't take a step without being in pain. I did describe the pain & where I experienced it, I did not go into why I had this, as, as you know, PIP isn't about a diagnosis.

I hope you can sit down with your Mum, & help her with her MR.