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Mandatory Reconsideration

PIPnewbiePIPnewbie Member Posts: 268 Pioneering
My girlfriend received official notification of standard daily living today via award letter.

The assessor lied and exaggerated a lot, for example saying she did not appear tired, when she fell asleep in the waiting room and had taken oral morphine.

The big thing he waved away was any planning a journey points because she apparently didn’t appear psychologically distressed and has no mental health diagnosis, but it’s supposed to be how one’s condition affects them, not what is diagnosed.  And she already explained to make the appointment she didn’t eat for 2 days, so she was empty inside, thus wouldn’t be incontinent.

It doesn’t change that she cannot go on a journey alone in her car because she is terrified of being alone while incontinent and being incontinent in general.

She is going to appeal for mandatory reconsideration.  I was wondering if anyone had any tips or advice about the best way to do it that gives the best chance for success. 

Many thanks.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    She should state where she thinks she should have scored those points and her reasons why. For the descriptors that she thinks applies she should give at least 2/3 examples of real life experiences. Completely avoid any lies that you think were told in the report, DWP won't be interested in any lies told.

    As no one here knows exactly how her conditions affect her then i'd advise she gets help with this and contact her local welfare rights or other disability advice centre.

    Only 17% of MR decisions change so she may have to take it to Tribunal. She has 28 days to request the MR and there's no times scales to any decision. 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.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    She should state where she thinks she should have scored those points and her reasons why. For the descriptors that she thinks applies she should give at least 2/3 examples of real life experiences. Completely avoid any lies that you think were told in the report, DWP won't be interested in any lies told.

    As no one here knows exactly how her conditions affect her then i'd advise she gets help with this and contact her local welfare rights or other disability advice centre.

    Only 17% of MR decisions change so she may have to take it to Tribunal. She has 28 days to request the MR and there's no times scales to any decision. Good luck.
    Thanks Poppy.

    Can the MR be done in written form?  She's not so great on the telephone, but is better suited to putting her case in words.

    Would a letter by any of her health professionals help?

    Does she have 28 days to make her case or only request the MR?

    Finally, does her money stop in the meantime?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited October 2018
    Hi,

    You should always request the MR in writing.

    Letters from medical professionals only help if they specifically state how your conditions affect you in line with the PIP descriptors.

    28 days to request BUT if you request it over the phone and then send the letter with further evidence then they may not wait for the letter and evidence. I've heard it many times where they've gone ahead with the MR decision without waiting.

    I have advised you quite a few times that her money will not stop while waiting for the MR. If the MR decision stays the same then she'll continue to be paid while waiting for Tribunal.
    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.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    Thanks for the help once again, Poppy.

    So basically, send the MR request WITH the letter detailing the reasoning and other evidence? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The letter will be the MR request. Point out where she thinks she should have scored those points and her reasons why.

    I really would advise you to get help with this and contact either her local Welfare rights or other advice centre near her.
    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.
  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi @PIPnewbie

    You need expert advice, in pursuing an MR for your girlfriend.

    Suggest you contact Crohn's & Coitis UK helpline 0300 222 5700.

    They have volunteers who will guide and support you through the MR process.

    Keep us informed.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I disagree with ringing a helpline because it's always difficult to give help and advice over the phone and an internet forum. Face to face advice is always better.
    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.
  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi @poppy123456

    I agree.

    However, can I qualify my suggestion.

    After contacting the helpline, a volunteer will contact the caller, after being assigned the case.

    It will then become face to face, over the phone!

    The same volunteer will keep in contact, throughout the process.

    The reason why I suggested this option, the lady appears to be at the high end of the disability spectrum and needs expert guidance.

    The volunteers will be on the same spectrum.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    edited October 2018
    atlas46 said:
    Hi @poppy123456

    I agree.

    However, can I qualify my suggestion.

    After contacting the helpline, a volunteer will contact the caller, after being assigned the case.

    It will then become face to face, over the phone!

    The same volunteer will keep in contact, throughout the process.

    The reason why I suggested this option, the lady appears to be at the high end of the disability spectrum and needs expert guidance.

    The volunteers will be on the same spectrum.

    Hi Atlas,

    Thank you for the suggestion

    Did you read from other threads about my girlfriend’s condition or is your view that she’s on the higher end of the spectrum based solely on this thread?

    The real lunacy is the 9 month award... for Crohn’s disease, 4 bowel resections, arthritis, endometriosis, and now fibromyalgia.  Things that have no cure or way to right them with current technology.

    I disagree with ringing a helpline because it's always difficult to give help and advice over the phone and an internet forum. Face to face advice is always better.

     Poppy, when she makes the case for her MR, should she mention the now diagnosed fibromyalgia (on the application and during the consultation it was only suspected by her pain specialist, but she was diagnosed a week after the consultation).
  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi

    I have read all the posts on the forum.

    I base my opinion on all your posts and two dear friends that are on the same spectrum.

    Please let me know if I can assist further.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    A diagnosis will not make any difference and will not help with a PIP claim. It's not about a diagnosis, it's how those conditions affect you daily.
    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.
  • TopkittenTopkitten Member Posts: 1,263 Pioneering
    It is this sort of post that starts me worrying because, if they get mine wrong I cant send a letter especially a recorded one.. Being allowed to go so far down the scale by my GP has left me incredibly isolated and unable to do simple stuff like moving money from a savings account into my bank, which I must do sometime in the next 6 months.

    Sorry, I had more to say but I am spending as much time correcting mistakes as I am writing comments. I've had enough today already and have only read 3 or 4 posts before reaching the "giving up point".

    TK
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • YadnadYadnad Posts: 2,856 Member
    edited October 2018
    I disagree with ringing a helpline because it's always difficult to give help and advice over the phone and an internet forum. Face to face advice is always better.
    that's great if there is such a source local to the poster. The alternative is advice given on the web.
  • YadnadYadnad Posts: 2,856 Member
    edited October 2018
    atlas46 said:
    Hi @poppy123456

    It will then become face to face, over the phone!
    ehh??? how does that work?
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    A diagnosis will not make any difference and will not help with a PIP claim. It's not about a diagnosis, it's how those conditions affect you daily.
    What about the assessor who said she cannot be too distressed to plan a journey because she has no diagnosis of mental health issues?
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    Topkitten said:
    It is this sort of post that starts me worrying because, if they get mine wrong I cant send a letter especially a recorded one.. Being allowed to go so far down the scale by my GP has left me incredibly isolated and unable to do simple stuff like moving money from a savings account into my bank, which I must do sometime in the next 6 months.

    Sorry, I had more to say but I am spending as much time correcting mistakes as I am writing comments. I've had enough today already and have only read 3 or 4 posts before reaching the "giving up point".

    TK
    Isolates by your GP?  Care to elaborate?
  • YadnadYadnad Posts: 2,856 Member
    PIPnewbie said:
    A diagnosis will not make any difference and will not help with a PIP claim. It's not about a diagnosis, it's how those conditions affect you daily.
    What about the assessor who said she cannot be too distressed to plan a journey because she has no diagnosis of mental health issues?
    And for those that do have a diagnosis but the evidence is too old (more than 2 years - as per the DWP case manager) and not forgetting the Mental Health test that the assessor conducts where, in my case, came up with 14 reasons why mental health difficulties actually do not exist totally contradicting the old evidence supplied and what I had described on the PIP2?

  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    Yadnad said:
    PIPnewbie said:
    A diagnosis will not make any difference and will not help with a PIP claim. It's not about a diagnosis, it's how those conditions affect you daily.
    What about the assessor who said she cannot be too distressed to plan a journey because she has no diagnosis of mental health issues?
    And for those that do have a diagnosis but the evidence is too old (more than 2 years - as per the DWP case manager) and not forgetting the Mental Health test that the assessor conducts where, in my case, came up with 14 reasons why mental health difficulties actually do not exist totally contradicting the old evidence supplied and what I had described on the PIP2?

    Yeah it's ludicrous.  Just read the guide for Mandatory Reconsideration and it says not to provide any information she already has.  What else can she do but reiterate that she cannot go out alone due to overwhelming fears of being incontinent?  

    The assessor said she showed no signs of distress at the appointment, but she was with me, and I drove her, and she had not eaten for 2 days.  She felt sick from hunger.
  • [Deleted User][Deleted User] Posts: 118 Listener
    pipnewbie
    best wishes to your girlfriend i feel for her. I would also look into getting support for future assessments ie the DWP assesing her at home as noone should have to not eat for two days to enable them to go out it is scandalous!
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    vickyanne said:
    pipnewbie
    best wishes to your girlfriend i feel for her. I would also look into getting support for future assessments ie the DWP assesing her at home as noone should have to not eat for two days to enable them to go out it is scandalous!
    It is ridiculous.  I will take this all the way to tribunal, no matter how much I have to spend in fuel travelling down to Devon from Wales.

    Thank you for your reply and kind words.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    @poppy123456

    Can her I or her grandmother write her MR letter even if we aren't official appointees?
  • YadnadYadnad Posts: 2,856 Member
    vickyanne said:
    pipnewbie
    best wishes to your girlfriend i feel for her. I would also look into getting support for future assessments ie the DWP assesing her at home as noone should have to not eat for two days to enable them to go out it is scandalous!
    and no one should have to overdose on Morphine to get through the assessment as I had to do. Most of the time I was away with the fairies!
  • YadnadYadnad Posts: 2,856 Member
    PIPnewbie said:
    @poppy123456

    Can her I or her grandmother write her MR letter even if we aren't official appointees?
    Anybody can write a letter explaining what the problems are, and the impact that they have. It's up to the Case Manager as to how much weight to give to that evidence.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    PIPnewbie said:
    @poppy123456

    Can her I or her grandmother write her MR letter even if we aren't official appointees?
    You don't have to be an appointee to write a letter of support for evidence, anyone can do that if you know the claimant well enough. I still really do advise you to get help with this process.


    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.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    @Yadnad

    Thanks for the info, mate.

    @poppy123456

    Thanks Poppy, I will check that link out now. 

    I know you said the DWP aren't interested in, "The assessor lied here..." but are you allowed to write where you disagree with the assessor, such as "The report said I was not tired, but I fell asleep in the waiting room, etc."?
  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi @PIPnewbie

    Strongly suggest, you follow the kind advice of @poppy123456 and get Welfare Rights Advisor to assist with MR.

    You should contemplate, that your girlfriend will need to go to appeal, at this stage.

    But as your girlfriend has now got PIP in pay, there is little of concern.

    I will post tomorrow about the assessor's report or lack of!!
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    edited October 2018
    atlas46 said:
    Hi @PIPnewbie

    Strongly suggest, you follow the kind advice of @poppy123456 and get Welfare Rights Advisor to assist with MR.

    You should contemplate, that your girlfriend will need to go to appeal, at this stage.

    But as your girlfriend has now got PIP in pay, there is little of concern.

    I will post tomorrow about the assessor's report or lack of!!

     Thanks again Atlas.  Will she have to physically go to lots of appointments for this?  Or can it be done over the phone/email?

    As of now she has 2 weeks and 4 days to reply.  The 28 day rule is not fair if they go from date of award as she didn't receive the letter until 6 days after the date of award, effectively cutting the time to appeal for MR down to 22 days.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    PIPnewbie said:

    I know you said the DWP aren't interested in, "The assessor lied here..." but are you allowed to write where you disagree with the assessor, such as "The report said I was not tired, but I fell asleep in the waiting room, etc."?
    I'm not sure why you would want to mention that because it's not related to any of the descriptors. Please just concentrate on those descriptors and where she thinks she should have scored those points and why.
    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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I just found this in that guide i posted a link for, that may concern your girlfriend because i do remember you stated the taking nutrition descriptor and this is the very reason i keep advising you to get some help.

    Taking nutrition...

    This activity considers a person’s ability to be nourished, either by cutting food into pieces, conveying it to the mouth and chewing and swallowing; or through the use of therapeutic sources.

    The defined term ‘taking nutrition’ refers solely to the act of eating and drinking and so the quality of what is being consumed is irrelevant for the purposes of daily living activity 2. Therefore, if for any reason a claimant elects to have a bad or restricted diet, makes dietary choices or chooses to avoid certain foods as part of dietary requirements, they are nevertheless ‘taking nutrition’ to an acceptable standard and therefore will not score under activity 2.


    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.
  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi

    I see you live in Wales and your girlfriend is in Devon.

    Your girlfriend should get advice in Devon and take her grandparents with her.

    They can seek your input over the phone, so there is no need for you to travel.

    A draft MR can be e-mailed to all concerned, for all to agree final version.

    So all in all, it is a simple process.

  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    @poppy123456

    What about mentioning that she was distressed at the consultation and even broke down into tears?  Which is how she would be but much worse if she had to travel alone.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    edited October 2018
    I just found this in that guide i posted a link for, that may concern your girlfriend because i do remember you stated the taking nutrition descriptor and this is the very reason i keep advising you to get some help.

    Taking nutrition...

    This activity considers a person’s ability to be nourished, either by cutting food into pieces, conveying it to the mouth and chewing and swallowing; or through the use of therapeutic sources.

    The defined term ‘taking nutrition’ refers solely to the act of eating and drinking and so the quality of what is being consumed is irrelevant for the purposes of daily living activity 2. Therefore, if for any reason a claimant elects to have a bad or restricted diet, makes dietary choices or chooses to avoid certain foods as part of dietary requirements, they are nevertheless ‘taking nutrition’ to an acceptable standard and therefore will not score under activity 2.


    She has temporomandibular joint dysfunction so cannot chew properly. This is why her grandmother cuts her food small for her, which she told the assessor.

    Can you send me a link to that full guide if it concerns all descriptors? 

    atlas46 said:
    Hi

    I see you live in Wales and your girlfriend is in Devon.

    Your girlfriend should get advice in Devon and take her grandparents with her.

    They can seek your input over the phone, so there is no need for you to travel.

    A draft MR can be e-mailed to all concerned, for all to agree final version.

    So all in all, it is a simple process.


     Thanks Atlas.  She is sleeping right now (as she does a lot) so I will let her know the advice when she calls me after waking.
  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi

    Its the oral morphine, my friend.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I already posted the link, have you even looked? It contains all of the descriptors.
    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.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    atlas46 said:
    Hi

    Its the oral morphine, my friend.
    She's generally tired from Crohn's, constantly being up and down for the toilet, not eating much, and fibromyalgia, but yes, as soon as she takes the oral morphine, she is out all day.

    This is the person the DWP have deemed needs only standard daily living and only after being awarded square-on 8 points to just get it.  Disgraceful.

    Can medication that causes tiredness count towards the descriptors? 

    @[email protected]

    Sorry Poppy, I must have missed it.  I'll scroll up now.
  • atlas46atlas46 Member Posts: 827 Pioneering
    PIPnewbie said:
    atlas46 said:
    Hi

    Its the oral morphine, my friend.
    She's generally tired from Crohn's, constantly being up and down for the toilet, not eating much, and fibromyalgia, but yes, as soon as she takes the oral morphine, she is out all day.

    This is the person the DWP have deemed needs only standard daily living and only after being awarded square-on 8 points to just get it.  Disgraceful.

    Can medication that causes tiredness count towards the descriptors? 

    @[email protected]

    Sorry Poppy, I must have missed it.  I'll scroll up now.
    Hi

    Yes of course oral morphine, must be taken into account, when assessing a PIP claimant. This is only prescribed for servere pain and has a number of side effects.

    But your girlfriends assessor, failed, through blind ignornace to acknowledge this!
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    atlas46 said:
    PIPnewbie said:
    atlas46 said:
    Hi

    Its the oral morphine, my friend.
    She's generally tired from Crohn's, constantly being up and down for the toilet, not eating much, and fibromyalgia, but yes, as soon as she takes the oral morphine, she is out all day.

    This is the person the DWP have deemed needs only standard daily living and only after being awarded square-on 8 points to just get it.  Disgraceful.

    Can medication that causes tiredness count towards the descriptors? 

    @[email protected]

    Sorry Poppy, I must have missed it.  I'll scroll up now.
    Hi

    Yes of course oral morphine, must be taken into account, when assessing a PIP claimant. This is only prescribed for servere pain and has a number of side effects.

    But your girlfriends assessor, failed, through blind ignornace to acknowledge this!
    Thanks again Atlas.

    This is why I can't understand why mentioning she fell asleep does no good.  It's like the DWP does not care about the assessor's poor judgement and/or blatant exaggeration/lies.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Which is why getting help going forward is the best thing to do. People on a forum can't advise you on case law, or anything like that because we're not experts. Only 17% of MR decisions change and it may well be that she will have to take it to Tribunal, where appearing in person will give her the best chance of a decision in her favour. Please find out what advice centre is in her area that can help. I wish her 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.
  • YadnadYadnad Posts: 2,856 Member
    atlas46 said:

    Hi

    Yes of course oral morphine, must be taken into account, when assessing a PIP claimant. This is only prescribed for servere pain and has a number of side effects.

    But your girlfriends assessor, failed, through blind ignornace to acknowledge this!
    Let me burst your bubble gently.

    Amongst the carrier bag of medication that I am on every month, it includes Oramorph (liquid morphine) and Morphine MST (12 hour lasting morphine tablets)
    All in all, on an average day I take 90mg of MST twice a day and as much Oramorph as I need. (there is no restriction).

    In all of my three assessments, all three assessors indicated that that level of pain relief was low and that the strength was low to moderate.
    So in a way Paracetamol would have the same effect as the Morphine.

    They disregarded the side effects that I claimed on the PIP2 as not severe enough to be an issue.

    Having said all of that I have to admit that I am someone that always tries to look on the bright side of life and appear to the general population to have no medical or mental health problems.

    Maybe claimants should drop their façade when dealing with the DWP and let them see how they are behind closed doors. In other words be the suicidal case that you fight against every day but no one knows about.

  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    Yadnad said:
    atlas46 said:

    Hi

    Yes of course oral morphine, must be taken into account, when assessing a PIP claimant. This is only prescribed for servere pain and has a number of side effects.

    But your girlfriends assessor, failed, through blind ignornace to acknowledge this!
    Let me burst your bubble gently.

    Amongst the carrier bag of medication that I am on every month, it includes Oramorph (liquid morphine) and Morphine MST (12 hour lasting morphine tablets)
    All in all, on an average day I take 90mg of MST twice a day and as much Oramorph as I need. (there is no restriction).

    In all of my three assessments, all three assessors indicated that that level of pain relief was low and that the strength was low to moderate.
    So in a way Paracetamol would have the same effect as the Morphine.

    They disregarded the side effects that I claimed on the PIP2 as not severe enough to be an issue.

    Having said all of that I have to admit that I am someone that always tries to look on the bright side of life and appear to the general population to have no medical or mental health problems.

    Maybe claimants should drop their façade when dealing with the DWP and let them see how they are behind closed doors. In other words be the suicidal case that you fight against every day but no one knows about.

    Unbelievable.  What was their justification for this?!

    Also, turns out we've been wrong about the 9 month award.  That was an assumption based on the assessor's recommendation in the report.  The actual award letter says it was until June 2020.
  • TardisTardis Member Posts: 214 Pioneering
    That is a 9 month award.  It will be reassessed next summer.  The extra year is added on so that payment can continue while reassessment is taking place.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    edited October 2018
    Tardis said:
    That is a 9 month award.  It will be reassessed next summer.  The extra year is added on so that payment can continue while reassessment is taking place.

    Good god, this is a joke.  I'm sure her Crohn's, endometriosis, fibromyalgia, and arthritis won't be gone by then.

    Can anyone explain what the reassessment process is?  Will she have to go for another face to face? 
  • YadnadYadnad Posts: 2,856 Member
    PIPnewbie said:
    Tardis said:
    That is a 9 month award.  It will be reassessed next summer.  The extra year is added on so that payment can continue while reassessment is taking place.

    Good god, this is a joke.  I'm sure her Crohn's, endometriosis, fibromyalgia, and arthritis won't be gone by then.

    Can anyone explain what the reassessment process is?  Will she have to go for another face to face? 
    More than likely - most do with a review. The form may be shorter but you will have to fill it in as you did with the original one + plenty of current relevant evidence.
    Why do you think I threw the towel in after 3 of these in 5 years?

  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    edited October 2018
    Yadnad said:
    PIPnewbie said:
    Tardis said:
    That is a 9 month award.  It will be reassessed next summer.  The extra year is added on so that payment can continue while reassessment is taking place.

    Good god, this is a joke.  I'm sure her Crohn's, endometriosis, fibromyalgia, and arthritis won't be gone by then.

    Can anyone explain what the reassessment process is?  Will she have to go for another face to face? 
    More than likely - most do with a review. The form may be shorter but you will have to fill it in as you did with the original one + plenty of current relevant evidence.
    Why do you think I threw the towel in after 3 of these in 5 years?

    So in 9 months she'll have to go through what she just had to all over again?

    It seems like going to tribunal is a no-brainer at this point.

    Time to take the fight to these scum people.  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The problem you have here is when her review comes, any new decision will overrule the Tribunal decision, which ever way you look at it.
    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.
  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi

    To overcome that situation, you need to appeal both the rates of awards and the length of award.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    The problem you have here is when her review comes, any new decision will overrule the Tribunal decision, which ever way you look at it.

    This is just ridiculous.  What is even the point of PIP?

    atlas46 said:
    Hi

    To overcome that situation, you need to appeal both the rates of awards and the length of award.

    So when the letter is written be sure to specify that the descriptors and length of award are being challenged?
  • atlas46atlas46 Member Posts: 827 Pioneering
    Yes, challenge both at the same time.

    The last thing your girlfriend needs, is to go through this none sense in 9 months time.

    She has an incurable and unremitting life time condition.

    That is why she should get welfare rights advice.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    atlas46 said:

    That is why she should get welfare rights advice.
    Completely agree, this has been advised a few times.
    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.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    atlas46 said:

    That is why she should get welfare rights advice.
    Completely agree, this has been advised a few times.

    Oh she is going to.  

    She will call Crohn’s and Colitis Monday.

    Is there any other source of help?
  • atlas46atlas46 Member Posts: 827 Pioneering
    She should google her post code and add "welfare rights advice"

    What medical evidence was supplied to support her claim?

    Please name by clinical specialist.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    edited October 2018
    atlas46 said:
    She should google her post code and add "welfare rights advice"

    What medical evidence was supplied to support her claim?

    Please name by clinical specialist.
    I think she supplied all her appointment summaries dictated by her gastroenterologist, explaining the incontience, levels of inflammation, stricture from her 4 bowel resections, etc.

    Also ones by her pain management specialist showing her reported symptoms of pain, areas of the body, what it feels like, what her specialist thinks it is (she’s close to diagnosing fibromyalgia - which she now has had diagnosed).

    Evidence going back 6 years, with detailed pages of MRI scans showing arthritis, damage to base of spine from years of inflammation, etc.
  • atlas46atlas46 Member Posts: 827 Pioneering
    Has she seen any of the following?

    Specialist IBD nurse.

    Psychologist.

    Nutritionist.

    I note she is prescribed Mercaptopurine, how often does she have blood tests?

    Does she keep a record book of these tests - full blood count & liver function test?
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    edited October 2018
    atlas46 said:
    Has she seen any of the following?

    Specialist IBD nurse.

    Psychologist.

    Nutritionist.

    I note she is prescribed Mercaptopurine, how often does she have blood tests?

    Does she keep a record book of these tests - full blood count & liver function test?

    Yeah, two IBD specialist nurses

    Psychologist, yes, in the past 2 years.  It was a pain psychologist.

    Dietician, yes.  She prescribed Modulen, a special IBD diet.

    Blood tests are fortnightly, as her white blood cell count isn't stable.

    No, but she is in constant email contact with her specialist IBD nurses, so she has a record of all the blood test results there, as well as faecal calprotectin, vitamin D deficiencies, Humira level results (biological drug), etc.

    She has been offered antidepressants (so there is mental health records, contrary to what the assessor said), but she refused several times as she did not even want to think about taking more medication.  She will cry if it's even brought up.

    Thanks for all your help, Atlas and Poppy.  I really appreciate this. 
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    @poppy123456

    @atlas46

    She just sent me this pic.  It is a letter from 2014 that she didn’t use when applying for PIP

    Would it be fine to use this as evidence for the MR?


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    There's no harm in sending it, even though they do say evidence should be within 2 years. Backed up with more recent evidence, it should be ok. They will either accept it or use it. This will most likely end up going to Tribunal as most do, they're more understanding there.
    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.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    There's no harm in sending it, even though they do say evidence should be within 2 years. Backed up with more recent evidence, it should be ok. They will either accept it or use it. This will most likely end up going to Tribunal as most do, they're more understanding there.

    Funnily enough when I spoke to my girlfriend she said the same thing that tribunals have people who are more likely to listen and understand.

    I don’t mind it going to tribunal.  I know it’s a risk that the MR stops her money, but I have a feeling they will stick to the 8 points, so she’ll at least continue to get something.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    @poppy123456

    @atlas46

    The day has come.  She's going to call Crohn's and Colitis first thing.  Do you have any advice on what she must say?
  • atlas46atlas46 Member Posts: 827 Pioneering
    They will arrange for a volunteer to call her, suggest she has her nan by her side, whilst speaking to volunteer. Nan can take notes of what is being said.

    She needs to seek best advice on how to undertake a MR.

    The call will last 30 minutes or so.

    Ensure she leaves it, where she can seek further advice from volunteer.

    Let us know how things go.

    Remember she will still need local WRO to assist her.
  • atlas46atlas46 Member Posts: 827 Pioneering
    On another track.

    As your girlfriend has now got PIP standard care, this is a passport to other benefits, ie Carer's Allowance.

    You will need to provide brief details of her domestic circumstances.

    @poppy123456 is an expert and will provide guidance.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Nothing more i can add to the advice from atlas, but good luck.

    Carers Allowance will totally depend on the circumstances of either one of her parents, what benefits they claim or whether they work and how many hours etc.
    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.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    @poppy123456

    @atlas46

    Thank you so much for the help.  She is still asleep but should wake soon to call them.

    What is the criteria to receive Carer's Allowance?  She lives with her grandparents, both of whom are retired, living on savings, investments, and pension, I believe.

    Also, what is a WRO?

    Thanks again.

  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi
    Poppy I the expert, so I hope she will explain.

    WRO Welfare Rights Officer.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    edited October 2018
    atlas46 said:
    Hi
    Poppy I the expert, so I hope she will explain.

    WRO Welfare Rights Officer.

    Thanks again 🙂

    Should she call Citizens Advice Bureau for a WRO?
  • atlas46atlas46 Member Posts: 827 Pioneering
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    atlas46 said:
    Yes
    Many thanks
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    PIPnewbie said:
    @poppy123456

    @atlas46

    Thank you so much for the help.  She is still asleep but should wake soon to call them.

    What is the criteria to receive Carer's Allowance?  She lives with her grandparents, both of whom are retired, living on savings, investments, and pension, I believe.

    Also, what is a WRO?

    Thanks again.

    Carers Allowance and pension is extremely complicated and gives me a headache :D lol

    As CA and pension are overlapping benefits you can't claim them both together but can still be worth claiming it because they may have an underlying entitlement to it, which means that it can increase any other means tested benefits that they claim. For example, if they claim pension credit then this amount can increase but as you say they have savings then they may not even claim pension credit at all. Trust me, it's complicated but i'll pop a link up that will explain all of this to you.

    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.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    PIPnewbie said:
    @poppy123456

    @atlas46

    Thank you so much for the help.  She is still asleep but should wake soon to call them.

    What is the criteria to receive Carer's Allowance?  She lives with her grandparents, both of whom are retired, living on savings, investments, and pension, I believe.

    Also, what is a WRO?

    Thanks again.

    Carers Allowance and pension is extremely complicated and gives me a headache :D lol

    As CA and pension are overlapping benefits you can't claim them both together but can still be worth claiming it because they may have an underlying entitlement to it, which means that it can increase any other means tested benefits that they claim. For example, if they claim pension credit then this amount can increase but as you say they have savings then they may not even claim pension credit at all. Trust me, it's complicated but i'll pop a link up that will explain all of this to you.


    Just to put it bluntly, her grandparents are quite wealthy 😳 if CA is anything associated with means-testing they won’t even know of its existence.

    The only reason we *need* PIP is that they won’t be around forever and if I want to move to Devon to be with her, my duty manager salary won’t cut it alone paying a mortgage, bills, etc. and there simply is no way she can ever work.  At least not until AI technology skyrockets our medical advancement 1,000’s of years ahead in a few decades.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If that's the case and they're not claiming pension credit then they won't benefit from the carers premium paid on top because they can't claim Carers allowance because of their pension.

    As for the PIP it doesn't matter how much money you earn because it's not a means tested benefit, if you're entitled to it then you have absolutely every right to claim it, even if you're a millionaire. :)
    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.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    If that's the case and they're not claiming pension credit then they won't benefit from the carers premium paid on top because they can't claim Carers allowance because of their pension.

    As for the PIP it doesn't matter how much money you earn because it's not a means tested benefit, if you're entitled to it then you have absolutely every right to claim it, even if you're a millionaire. :)
    You're as helpful as ever Poppy :blush:
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    PIPnewbie said:
    If that's the case and they're not claiming pension credit then they won't benefit from the carers premium paid on top because they can't claim Carers allowance because of their pension.

    As for the PIP it doesn't matter how much money you earn because it's not a means tested benefit, if you're entitled to it then you have absolutely every right to claim it, even if you're a millionaire. :)
    You're as helpful as ever Poppy :blush:
    Thanks! Always happy to help anyone! Let us know the outcome of your GF's MR and 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.
  • PIPnewbiePIPnewbie Member Posts: 268 Pioneering
    @poppy123456

    @atlas46

    Just thought I’d let you know her call to Crohn’s and Colitis UK went well and are calling her back Thursday to go through her claim 
  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi

    Sounds good, glad she felt it went well.

    Just a thought, could your gf, speak to her IBD nurses, to see if they will give her a report for PIP,  MR.

    From my experience specialist nurse will go out of their way, for their patients.

    My wife is under the care of a specialist respiratory nurse, for her COPD, and is very caring and supportive.

    Hope all goes well on Thursday, keep us informed.
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