PIP, DLA and AA
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just got my pip decision

magdalenamagdalena Member Posts: 2 Listener
edited June 2018 in PIP, DLA and AA
Hi,
I just got my pip decision I got 6 points for daily living and 4 for mobility.i suffer from Ms and have a veriety of symptoms.
The assessor stated that I have slight reduced power in my legs.the decision maker disallowed many activities based on that observation.i mentioned that I need to grab the sink when use the toilet and do not have any modification as it is a rented place and any modification is not allowed.
It was denied by the decision maker.
Just few days later I had an appointment with my neurologist and he stated that I have quite A marked variability in power in both legs and ppl
With those symptoms tend to drag their leg.
So do I have any ground to challenge the observation by the assessor as she did not notice that.
Furthermore I reported that I lose my balance and she asked me to sit on a couch and reported that I did not lose any balance.
Lost balance comes unexpected and not on demand. 
Anyway do you guys think that her findings contradicts the neurologist????

Replies

  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @magdalena Pleased to meet you welcome. Thank you for sharing.

    Understand the problems as do all of the community. I would in my opinion always challenge a decision if I felt it was not to my satisfaction.

    Have a look at our threads on benefits for more advice and information.

    Hope that helps if you feel wish to appeal then you need to do so.

    Take care

    @thespiceman
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Your next step is to ask for the Mandatory Reconsideration (MR) ringing DWP and asking for a copy of the assessment report will help write the letter of request. You have 1 month to request this.

    Did you send in evidence to support your claim? The onus is on you to make sure you send this because they very rarely contact anyone for this.

    Have a look and complete this PIP self test, it's just a guide to what could be scored but it will give you some idea.

    Some info regarding MR requests here.

    Most MR decisions remain the same, so there's high chance you'll need to take it to Tribunal. If this happens then appearing in person at your hearing will give you the best chance of a decision in your favour.

    It maybe worth contacting your local CAB or the likes for help with this. Good luck.


    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • magdalenamagdalena Member Posts: 2 Listener
    Hi,
    I called dwp 4 times already and each time they said that they will send just now. Today lady said that nothing was sent and she will do it now.
    I do not if they delay that on purpose.
    When I had the assessment I answered all of it ok.
    The lady was asking me the same thing from.different angles.
    I am aware and read a lot before I went there and yet they ignored what I said.
    I started the process of mandatory reconsideration but no letter so far.
    I did not send any doc with the claim as I did not have any.
    Cheers
  • YadnadYadnad Posts: 2,856 Member
    edited June 2018
    magdalena said:
    Hi, I need to grab the sink when use the toilet and do not have any modification.
    Well, I have a toilet frame and higher seat for both toilets, one downstairs the other upstairs.
    I have a frame attached to the bed to enable me to get in and out of bed as well as to hold onto when dressing/undressing. All of that kit was supplied by Social Services following an assessment a few years back by an OT.

    The assessor ignored all of those items in my reports on the basis that the aids that I have/use are more out of choice than need so don't worry it happens to the best of us.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    magdalena,

    Hopefully the report will be sent to you soon. I know it's terrible, but this kind of underplaying of your problems by assessors is really common. So yes, you can contradict it and you can show that the evidence of the medical professionals you see, who are specialists & know about your condition, contradicts what the assessor has observed. I'm afraid that quite often, their observations are very unreliable and so are their conclusions!

    In your MR, as Poppy suggests, explain what points you think you should have got in each relevant activity, and give your evidence. Where the assessment report differs from what you're saying, it will be more important to explain what your evidence is.

    Unfortunately, MRs often aren't successful either, but it is definitely worth going through the points systematically & pointing to your own evidence. Evidence from your daily life is important, as well as the medical evidence. Remember as well that if you can't do things safely, repeatedly (as often as you need to), taking no more than twice as long as someone without your condition, and to a reasonable standard, then you should get points for NOT being able to do those things.

    I'd be hopeful that even if the MR isn't successful, a tribunal will see past the assessment report and take your medical specialist's comments into account. The only thing I'd want to be clear about is that your condition hasn't changed. So when you saw the neurologist, your condition was substantially the same as when you saw the assessor - I know it was only a few days later but it would be worth being absolutely clear about this. I know MS can deteriorate but what you want to show here is that you should have got points at the date your decision was made.

    Good luck! Oh, and also, if you can face it, do contact your MP about what happened - we need to get substandard PIP assessments stopped as soon as we can, and we're beginning to see some movement on this, but the more MPs know about it, the better.

    Will
    The Benefits Training Co:
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