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Pip refused

KarawenKarawen Member Posts: 37 Connected
I had my PIP decision letter this morning, refused as expected.  I haven't gone through it in any detail yet but I will a bit later.

As I had the assessment report, I was expecting this result so I'd already decided to take it to MR.

I've booked for a private physio session next Friday to get an assessment report, finally been referred to my local neuromuscular centre (I'd moved Counties before COVID and somehow my self-help pack that I'd handed in to my new GP surgery (at their request) has been lost/ destroyed, of course I didn't realise this until I was gathering evidence for my original application) and have been referred to physio also, so that's all positive at least.

I've also reached out to Muscular Dystrophy UK and they're helping me with my MR.

I don't feel as though the assessor understood my condition at all and perhaps I should have explained things better, who knows.

Although a setback in terms of the initial decision, I'm confident of it being overturned at least if not at MR, then at Tribunal.

I'll use this thread to keep you all posted.

Replies

  • janer1967janer1967 Member Posts: 11,160 Disability Gamechanger
    Hi 

    Sorry your claim wasn't successful 

    Be sure you explain in mr real examples of what happens when you try and do the tasks 

    That is the most important thing not the letters or reports 

    Good luck keep us updated 
  • KarawenKarawen Member Posts: 37 Connected
    Thanks @janer1967 I absolutely will.

    I thought I had but clearly the understanding of the condition wasn't there.  For example, I said I needed help getting out of the bath as I struggle to go from the laying down to sitting position (no grab rails as private rented), whereas I could have possible explained it better by adding 'because core muscles are directly affected and suffer muscle wastage'.

    I also said that my partner washes my hair as I can't physically raise my arms above shoulder level but it was noted that he only does it twice a week, when in actual fact, he washes my hair 100% of the time.  I'm not sure where the twice a week bit came from, my hair certainly gets washed more than that a week or whether she was saying that he does it twice a week but I do it the rest, which is a physical impossibility.

    So it's clear to me now that I need to be more explicit in the MR.

    I'm not bothering with any letters as I can't see them helping, I'm getting the physio report as the lack of one was noted I one of the "considered but not awarded" sections.  At least it can't be disputed then 🤞🏼
  • chiariedschiarieds Community Co-Production Group Posts: 9,129 Disability Gamechanger
    I'm sorry @Karawen - tho we usually say your condition doesn't matter, it's rather how this affects your daily life, etc., I do see where you're coming from, & agree you should say your 'core muscles are directly affected and [you] suffer muscle wastage.' I don't know how many times in my assessment report that I mentioned having hypermobile joints, but this was because they affect many activities of daily living. Also the assessor said she'd examined my legs (which she hadn't), saying my muscle strength was normal. I explained in my MR that due to the incision needed for a pin & screws to be inserted in one of my hips following a fracture, my muscle bulk there was greatly reduced, resulting in some weakness. So, exactly the same, only different (!), but it can be part of explaining why you have difficulty.
    My decision letter said I could walk further than I'd been seen to do, 'because I didn't see a pain management or physiotherapy specialist.' I can smile about it now, but I'm a qualified physio, & doing my own exercises apparently didn't count either because another physio hadn't advised them!
    It's great you're getting (hopefully) specific & relevant advice from Muscular Dystrophy UK. Good for you too to have such a positive attitude, & of course I hope the physio report helps.....make sure it relates to how you were at the time of your assessment tho.
  • KarawenKarawen Member Posts: 37 Connected
    Thanks for your reply @chiarieds.  I know it's how it affects rather than the condition and I guess my downfall was not spelling it out for them over and over.

    I spoke about the particular muscle groups that were affected when asked about my condition and I can see now where I may have needed to elaborate and reiterate.

    I will and thanks, I can't see there being too much change between the assessment and the physio appointment as it will be a matter of a few weeks and as it's a degenerative condition, there certainly won't be any improvement...

    That's madness about your physio exercises not being good enough!
  • chiariedschiarieds Community Co-Production Group Posts: 9,129 Disability Gamechanger
    Hi @Karawen - thank you for your kind reply, which made me realise I should also have added to ask for an ongoing award with your MR due to you having a degenerative disorder. Also, & sorry if you already know this, but the concept of 'reliability' is very important, so if you can't do an activity safely, to an acceptable standard, repeat it as often as would be reasonable to expect, or if it takes you more than twice as long as someone without your disability, you may gain points there too, so long as you mention any of these that might be applicable. 
    Yes, you do have to repeat the same things over & over again. So spell out exactly where you should have got points, giving a couple of detailed examples for each applicable activity/descriptor.
  • KarawenKarawen Member Posts: 37 Connected
    Thanks @chiarieds that's very helpful.

    I was aware of the reliability and safety aspects bit perhaps could have highlighted them more.

    I don't necessarily blame the assessor as we can't be experts in everything, I was naive to the process and requirements when I put my application in.  
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