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The outcome of my MR
TeddyB22
Member Posts: 170 Courageous
So I received word back from my MR. They were unmoved and now it looks like I will have to go to Tribunal just like I did at the beginning.
I didn't send off anymore medical evidence as I've not had any recent specialist input since last year. They noted this. I go to check ups and attend Occupational Therapy. I followed the advice given here in the forums to explain how my condition effects me.
Again they didn't give me any points for mobility despite me telling them I haven't had any meaningful contact with another person socially for a year. I go to a nearby shop once a week. That's it. I don't mix with other people and I get my brother to take me to appointments. I've missed so many hospital appointments this year because of the stress of having to leave the house and travel on my own.
I asked them to award me points for Nutrition. They argued that I seemed adequately nourished despite not having seen me physically but assessed over the phone. My CA rep was able to argue at the tribunal that they should not assess people's appearance as you don't have to be undernourished to have a problem taking nutrition. I have inflammation of the throat and I choke on food so I have to cut it up sometimes puree it. I have to watch everything I eat. It takes much longer than is normal and has a psychological effect on me. I was originally awarded these points (2) at my original appeal over a year ago. They took them off me after I asked for a suppersession. Anyway I think I have a good chance of overturning their decision at appeal. However I am aware they could take my remaining award of standard living off me.
I'm not sure if CA will be able to represent me again. If they don't I will just have to give up. No point in going on my own. I was once sent back home from a tribunal bc of not having representation.
It's going to be stressful again but it does help that I've been here before so I know what to expect.
I didn't send off anymore medical evidence as I've not had any recent specialist input since last year. They noted this. I go to check ups and attend Occupational Therapy. I followed the advice given here in the forums to explain how my condition effects me.
Again they didn't give me any points for mobility despite me telling them I haven't had any meaningful contact with another person socially for a year. I go to a nearby shop once a week. That's it. I don't mix with other people and I get my brother to take me to appointments. I've missed so many hospital appointments this year because of the stress of having to leave the house and travel on my own.
I asked them to award me points for Nutrition. They argued that I seemed adequately nourished despite not having seen me physically but assessed over the phone. My CA rep was able to argue at the tribunal that they should not assess people's appearance as you don't have to be undernourished to have a problem taking nutrition. I have inflammation of the throat and I choke on food so I have to cut it up sometimes puree it. I have to watch everything I eat. It takes much longer than is normal and has a psychological effect on me. I was originally awarded these points (2) at my original appeal over a year ago. They took them off me after I asked for a suppersession. Anyway I think I have a good chance of overturning their decision at appeal. However I am aware they could take my remaining award of standard living off me.
I'm not sure if CA will be able to represent me again. If they don't I will just have to give up. No point in going on my own. I was once sent back home from a tribunal bc of not having representation.
It's going to be stressful again but it does help that I've been here before so I know what to expect.
Replies
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”I have fallen in the back garden“ is assertion. Anyone could say it.
”I fell in the back garden a week last Tuesday followed by several paragraphs on when; how; why; what happened; who saw it; what happened next and so on. That’s evidence. Only you could say it.
Social contact is covered under the mixing with people descriptor in daily living, that's not relevant for mobility. You're not totally housebound so that rules out 1e. You can go to a local shop, presumably alone, once a week so that rules out 1f.
So we're looking at 1d? But if you can plan and follow an unfamiliar route alone you don't fit into that one either.
I'm not trying to be awkward but it seems like we're in a very similar position and I had no chance at the mobility side. I'm agoraphobic, can't use any form of public transport, struggle to leave the house at all and can't travel further than a few miles or stay out for longer than an hour or so...but because I can drive and visit Tesco once a week on my own, don't fit into any of the Mobility descriptors. Doesn't seem totally fair but it is what it is.
If you believe you do fit one of the Mobility descriptors, you really need to emphasize which one and focus specifically on that.
It's really not bad. Just relax.
If I can't get representation from CA is there a solicitor who specialises is benefit appeals I coups pay to represent me? I don't think the government would cover this with legal aid would they?
Many thanks,
TeddyB22
Thanks for the help and take care.
Ps It looks like we are heading into another full lock down here so hoping everyone stays safe and looks after each other.