May need to appeal, advice please
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jules13
Community member Posts: 63 Connected
hi guys still early days I know but today I have received a copy of my report, a few things I do not agree with, can someone tell me how I get an appeal ready and what kind of evidence I need to supply to go in my favour. For example the assessor stated I can’t lower myself independently into a bath but has only stated I need an aid washing (b) which contradicts what she said about needing help to lower in the bath? But how can I get evidence on this? Also she has put that I can walk 20 metres and no more than 50 but I stated the furthest I walk is into the doctors with my crutches and I need to stop twice walking in there which is about 20metres from car park. Again how can I prove this?
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Sorry adding a bit more lol
she also stated that I touched my ankle during the f2f but I had said I need help off my husband to get dressed and because of this I can therefor get dressed unaided. How on earth do I show this? Without inviting them round lol -
jules13 said:For example the assessor stated I can’t lower myself independently into a bath but has only stated I need an aid washing (b) which contradicts what she said about needing help to lower in the bath? But how can I get evidence on this? Also she has put that I can walk 20 metres and no more than 50 but I stated the furthest I walk is into the doctors with my crutches and I need to stop twice walking in there which is about 20metres from car park. Again how can I prove this?
Extremely difficult to prove distances if the assessor thinks that you are over egging the pudding. You say under 20 they say over 20 but no more than 50.
I managed to get round that point by having the spinal unit at the hospital test my mobility. They put me on a walking machine and after 10 metres or so I fell off twice. That report was sent to the DWP/assessor but was originally ignored by the assessor who said I could walk at least 200 metres without difficulty. The DWP eventually saw sense and over ruled the assessor based on the hospital report.
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Hi @jules13, going on what you have said, it may be worth an appeal. Information on the Scope website can be found here. Also, it may be worth contacting Citizens Advice has they can help you with the appeal process. We all wish you the very best of luck and please do keep us updated about this!
Scope -
Yadnad said:jules13 said:For example the assessor stated I can’t lower myself independently into a bath but has only stated I need an aid washing (b) which contradicts what she said about needing help to lower in the bath? But how can I get evidence on this? Also she has put that I can walk 20 metres and no more than 50 but I stated the furthest I walk is into the doctors with my crutches and I need to stop twice walking in there which is about 20metres from car park. Again how can I prove this?
Extremely difficult to prove distances if the assessor thinks that you are over egging the pudding. You say under 20 they say over 20 but no more than 50.
I managed to get round that point by having the spinal unit at the hospital test my mobility. They put me on a walking machine and after 10 metres or so I fell off twice. That report was sent to the DWP/assessor but was originally ignored by the assessor who said I could walk at least 200 metres without difficulty. The DWP eventually saw sense and over ruled the assessor based on the hospital report. -
jules13 said:Yadnad said:the furthest I walk is into the doctors with my crutches and I need to stop twice walking in there which is about 20metres
The bath chair that I have works this way. Being undressed I then sit on the seat which is at bath height. I put my legs over as the seat turns to face the taps (the seat moves through 90') Then the seat drops me and it into the water. To get out the reverse happens - seat goes up, legs over the bath and the seat turns.
Aids for getting up or down to/from a seated position is dealt with by using grab rails at the side of the bath.
The only help I need is someone to dry my legs, back and hair for me.
You mention that you need help to walk 3 metres to the bedroom, but previously you admitted to being able to walk approx. 7 metres before you have to stop
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For an appeal, I would ask for help from cab or welfare rights. They should advise you how to get evidence where possible. Good luck
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Yadnad said:jules13 said:Yadnad said:the furthest I walk is into the doctors with my crutches and I need to stop twice walking in there which is about 20metres
The bath chair that I have works this way. Being undressed I then sit on the seat which is at bath height. I put my legs over as the seat turns to face the taps (the seat moves through 90') Then the seat drops me and it into the water. To get out the reverse happens - seat goes up, legs over the bath and the seat turns.
Aids for getting up or down to/from a seated position is dealt with by using grab rails at the side of the bath.
The only help I need is someone to dry my legs, back and hair for me.
You mention that you need help to walk 3 metres to the bedroom, but previously you admitted to being able to walk approx. 7 metres before you have to stop -
I can understand that you would be physically weakened from having a bath and then walking.
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My award for mobility I’m fine with, myself and my doctors did think I would get the enhanced but I’m actually happy with that, but my daily living I’m not happy with, this is the first time I have had to apply for PIP, I’m sorry that I’m asking a few questions I’m just hoping other people’s experiences can help, I obviously wasn’t getting my point and situation across, I’m not saying I can’t walk those few metres all the time I’m just explaining how I am after a bath/shower. For example if I had a bath at 10am there is no way I can walk 20 metres 2 hours later, this is what I’m trying to say, but days I’m not having a bath then I can walk as far as 20, I was getting confused with aid and assistance I guess because I don’t have any aids to help apart from chairs that my hubby moves from room to room, he helps me with everything. So at this moment I do need assistance as I don’t have anything, I’m currently waiting for an appointment with the occupational therapist to suggest and get me things to help, but I’ve nothing as yet as my illness/condition is getting worse as the months go on. Thank you for those that have helped and suggested things.
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Thats what the site is for and im sure you will get further advice. You do know that the process appealing etc can take a long time? So perhaps that will work in your favour as you are waiting for help with some things.
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Thank you @debbiedo49 I’m planning on going to CAB next week. Thank you for your help. And thank you for not talking down to me you have helped xx
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Personally in this case I would be looking for a Social Services assessment on needs as well as a carers assessment
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Yadnad said:Personally in this case I would be looking for a Social Services assessment on needs as well as a carers assessment
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Because social services do both of these assessments. You can either self refer or ask your GP to refer you, self referring is quicker.I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.If i see a question that i know the answer to i will try my best to help.
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poppy123456 said:Because social services do both of these assessments. You can either self refer or ask your GP to refer you, self referring is quicker.
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Username_removed said:You need an OT assessment. That will look at possible aids and appliances. The fact that much of the process can be replaced by aids doesn’t matter if it’s quicker or safer to have another person assist. An OT can advise on that.
It is okay to disagree with the content of the HCP report but that shouldn’t be the focus of any challenge. You need to focus on the points you ought to have scored and why. In terms of evidence the best you have is your own detailed descriptions.
I haven’t spoke about the assessors thoughts or what she didn’t see, I have simple to stated where I think I should of gained points and why, (how I deal with this situation, what I have to do and how much help I need) thanks for your help xx -
jules13 said:Username_removed said:You need an OT assessment. That will look at possible aids and appliances. The fact that much of the process can be replaced by aids doesn’t matter if it’s quicker or safer to have another person assist. An OT can advise on that.
It is okay to disagree with the content of the HCP report but that shouldn’t be the focus of any challenge. You need to focus on the points you ought to have scored and why. In terms of evidence the best you have is your own detailed descriptions.
I haven’t spoke about the assessors thoughts or what she didn’t see, I have simple to stated where I think I should of gained points and why, (how I deal with this situation, what I have to do and how much help I need) thanks for your help xx
If it did go to appeal the Tribunal will only consider what difficulties you had and the impact of them as at the date of the original claim.
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I agree Mike, but it's also no point in having one months after the claim date especially if the poster will be worse following future surgery.
This comes back to my point, when do you ask for one. In hindsight one should have taken place a month or so before making the claim.
Isn't this the difference between being proactive and reactive?
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When I went to tribunal I was asked about how things affect me now, in several different ways. So I disgree. It is definitely worth being prepared for that. Good luck.
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@debbiedo49 I too was asked about how things effect me now at the tribunal so when you say “an appellant has foolishly mentioned deterioration” @Username_removed I would beg to differ. I did not once even mention how I was now during my tribunal hearing. They could quite clearly see how I was now
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