Failed Pip assessment

Teresaj1960

Hi all, my 34 Yr old son had Dla for life. He has CP, epilepsy and severe psoriasis, which often leaves his hands painful, cracked and bleeding. He has been diagnosed with CP since birth, has no left frontal lobe with a right sided haemoplegoa. This affects his co ordination, fine motor skills, balance, and cognitive skills. He has always lived with us and we try to aid him to be as independent as possible. This needs underpinning everyday,, I could go into all the things he needs support with but needless to say it affects all aspects of his life and he nerds support to do the tbings he does.
Anyway he had his pip assessment and scored 0! I couldn't be there so my husband went. I'm so happy that my son who can't walk over uneven ground, or up steep slopes, down hills, in poor light without someone or something to hold on to, who is in agony with his right angle at the moment can't crouch or get up from low seats, the ground or something without arms is miraculously cured during the assessment, she found him to have normal function in all limbs, with no weakness and in her opinion could do the things we said he can't. Obviously I'm being sarcastic but it is totally unbelievable and deplorable. Nothing I took hours to write on his form was taken into consideration, all based on the few things she got him to do but none of the things he would find impossible. He has not had a consultant, physio or ot in years as we manage his day to day living. We have just moved and need to arrange adaptations but this did not come up but is in his report. Apparently it mattered that he went to mainstream school and yes he did but with a ft TA and lots of other support. He isn't prescribed pain killers therefore the pain in his ankle can't be that bad. We buy the painkillers as you're told to do to save the NHS. He also often refuses to take meds as he nearly choked once and dislikes the taste of liquid ones so won't take them etc etc. As you can tell I'm beyond livid on his behalf, I have fought the system all his life, often alone and putting anyone through this disgusting. I got his report yesterday and looking at the descriptors he should easily be entitled to pip.  To get down to why I'm on here, other than being furious and ranting we are obviously taking this further but has anyone have advice on where we can get an assessment done to show, at the least, how his CP affects him as she found his functions all normal, which in not the case.. We're happy to pay, he has been referred to physio, OT, ortho and dietician but this will take time. None of this was mentioned in the report but if my son wasn't asked he wouldn't say as again I deal with that side.
One more thing, one week after his pip assessment we were visited by someone from dwp so I could become his appointee. She said she had to check his mental capacity, after asking him questions she ,  agreed for me to be his appointee..
Sorry to go on and know many of you going through the same. Thanks for listening. 

cristobal

@Teresaj1960 - you will have to ask for a Mandatory Reconsideration. You're allowed one month from the date of the decision letter.

Before you do that can I suggest that you have a good look at the DWP guidelines for the assessment - they're available on line - so that you know exactly what the descriptors mean. There are one or two 'anomalies' - such as washing and bathing not covering drying yourself!

If I remember correctly, the 'moving around' category covers walking on a level pavement so from what you've written your son will likely score 0 as he has difficulty with steep slopes and uneven ground, not on the flat.

I don't know about the painkillers but I think that there is an assumption that if you use over the counter meds then the pain isn't severe - if it was you'd need stronger meds that need a prescription.

Hope this helps ....

poppy123456

Hi,

When requesting the MR you should put it in writing stating where you think he should have scored those points and your reasons why, adding 2 -3 real life examples of what happened the last time he attempted that activity for each descriptor that applies to him. You have 1 month from the date of the decision to request this.

You should avoid mentioning any lies or contradictions that may have been told in the report because DWP and Tribunal won't be interested in any of those. Any complaints about the report should be sent to the health assessment providers.

@cristobal the moving around part if flat ground rather than hills and uneven ground.

Becoming his appointee should have happened before the PIP claim started and not after the assessment, not that it would make any difference to the PIP claim.  Was there any reason why you weren't his appointee for his DLA claim?

You should have a read of this so that you'll understand the PIP descriptors more because it will help.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#applying-the-criteria

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#daily-living-activities

Teresaj1960

Thank you. I have the report and am going through each question and giving the correct information with examples. The mobility one floors me, how often can you get somewhere on only flat surfaces with no gradient or no rough surfaces. Unbelievable. They even said as he can put a ready meal in the microwave he gets 0, yet looking at the descriptors if he can't prepare then use a conventional cooker he gets 2 points. The report is full of incorrect statements. I just feel bad I was unable to go with him as I feel I could have explained better. I want to get a report to show how is co affects his abilities but don't know where to go. He has a right sided weakness and the damage to his bra n affects his balance, coordination and fine motor skills but she said he was within normal range, looked well kept and clean. Was she there when we told him to shower, what to wear, why would we let him go anywhere looking scruffy and dirty? Also of average weight when he's actually within the obese range and waiting to see a dietitician. Not one of the descriptors are correct. So frustrating!

Teresaj1960

I have always acted on his behalf and his Dla was always paid into my account as he couldn't manage this. He always spoke to people and told them he gave permission for me to deal with things. I didn't know about the appointee until we changed address and I phoned to tell them and someone explained that I could apply for this. Unfortunately they came to see me after his assessment. 

poppy123456

Please have a read of the links i posted above.

cristobal

@teresaj1960 - searching my memory again, which isn't good, I think that 'preparing food' is about cooking from fresh ingredients, not ready made meals.

So if you can't use a conventional hob you might score 2 points if you can use a microwave, but only if you are 'cooking' meals in it.

If you can't 'cook' using a microwave, or hob, I imagine one of the other descriptors will apply...

cristobal

PS @Teresaj1960 ..make sure that you are aware of the reliability criteria as well...

Must be able to carry out the tasks to a good  standard, within reasonable time, repeatably and safely

Details are also on line..

Teresaj1960

He would get 2 points for this and she states that he is only able to put ready meals in the microwave but still ticked 0 points. Totally contradicted herself. He can't even eat an apple without it being cut up by someone else. So many discrancies. I went through the descriptors and he would score over 20 points. Will make clear statements for each one with examples. Did put all this on his form, it's like they don't even read it!

April2018mom

How many points did he ultimately score? My son is completely independent with most things but he requires assistance with toileting and mobility. My son’s report was full of lies. 
Use this link to draft a appeal letter 
https://www.advicenow.org.uk/guides/how-win-pip-appeal

Teresaj1960

Thanks Simon. 
My son's was the same! He got 0 points. I've gone through the descriptors and he scored over 20 easily. Don't know what the assessment was based on but bares no resemblance to my son. It was like it was about someone else. I'll take a look thanks. 

April2018mom

Teresaj1960 said:

Thanks Simon. 
My son's was the same! He got 0 points. I've gone through the descriptors and he scored over 20 easily. Don't know what the assessment was based on but bares no resemblance to my son. It was like it was about someone else. I'll take a look thanks. 

Simon?

poppy123456

It's very easy to go through the PIP descriptors and score yourself highly if you don't understand them. It's not always possible to score highly for some of the activities because of the criteria. This is the problem a lot of people have, they don't understand what it's all about, so they automatically think they should have scored those points.

I'm not saying that your son isn't entitled to PIP, i'm just advising you to please have a read of the links i posted.Once you've read them you'll have a better understanding.

Teresaj1960

Sorry, thanks April, no glasses, fibro fog and chemo brain so no chance ? 

Teresaj1960

Hi Poppy. I'm already fully aware of the pip requirements but thank you. I've been fighting battles with authorities since my son was born 34 yrs ago, for benefits, educational and a myriad of other things, which is why it's so upsetting. I have filled the forms out since he was 2 yrs old and been through many assessments. He was awarded DLA for life and, of anything, he is worse now than he was then, having also developed epilepsy and severe psoriasis, especially on his hands which crack, bleed and flake constantly. I understand what to do now I just wondered if anyone knew of where best to go to get a report on his physical problems. We have moved counties and the people we have always seen previously are no longer involved because of our move. Thanks 

poppy123456

PIP and DLA are totally different with different criteria. As this is his first time claiming PIP then this will be the first time you've claimed this benefit for him.

I know how you feel about fighting for your son, i have done the same for my daughter for medical reasons since she was 2 and she's now 18.

For evidence regarding how his conditions affect him you could contact the people that were involved in his care before you moved.

I always keep all medical reports from Consultants regarding my daughter and safely keep them all in a file so i know where to find them when i need them for evidence when her PIP is reviewed. Haven't you got any past reports for your son?

Since you've moved have you registered him with a new GP, if you have you could contact them to request his medical records, it's free to have digital copies of those.

You may not be able to get any of this evidence in time for the MR request but most MR decisions remain the same so you'll most likely have to take it to Tribunal. You'll have plenty of time to get evidence together for the Tribunal because waiting times across most of the country are huge and a lot of people are waiting as long as 1 year for a hearing date.

Teresaj1960

Thanks Poppy
He has had no reports for a long time, last one would be when he had scans for epilepsy and they showed his left frontal lobe atrophy from birth but no new issues. He has had physio, OT assessment but not for a long time. I found that as the years go on we just get on with it, we've learnt what works and because of that we haven't had many interventions. I have been with him to ask for referrals and he is going to see a physio, OT,, ortho and dietician. His physio when growing up knew him inside out and his social worker but every thing changed once he was 18 I found, as many do, that support falls away and you just get on with it. Just accepting that it's part of his disability and making the best of things. Hopefully we can get the info we need before a tribunal. Unfortunately the go surgery is we've moved to is under crisis, moving premises and only seeing emergencies. Have tried getting both him and me an appt and it's been impossible. I'll keep going though as I'm sure you will. 

poppy123456

I always found the support for my daughter is much better since she reached 18 than it was before this age. I hear a lot of people say once you reach adulthood it's more difficult. This doesn't seem to be the case where i live.

You don't need an appointment to see a GP to request medical records, just speak to the receptionist. Once you register with a new GP they send a request for your medical records from your previous GP which should be received in about 6 weeks.

Teresaj1960

It's great to hear that the support in your area is good. It makes such a difference. X

Chloe_Alumni

I'm sorry to hear this @Teresaj1960 and I can understand how frustrating this must be! There has been some great advice from community members but please do let me know if there is anything else