Girlfriend finally received Mandatory Reconsideration result - Page 2 — Scope | Disability forum
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Girlfriend finally received Mandatory Reconsideration result

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  • haveacigar
    haveacigar Community member Posts: 16 Courageous
    ilovecats said:
    Yadnad said:
    There was a quote made about PIP by the government. 'PIP is for the really disabled amongst us'
    If only people realised that. 
    @ilovecats
    @Yadnad

    I was quite astonished to read up on some statistics from my own country, Northern Ireland, where back in 2016, there were almost 210,000 people on DLA out of a population of 1.86m...1 in 9 people on DLA, That is a ridiculous amount. Is it any wonder that PIP was introduced to properly award those claimants in most need to get the benefit they deserve and weed out those who see it as some sort of benefit claiming lifestyle choice. I fully agree with that Government statement.
  • Gerald
    Gerald Community member Posts: 214 Pioneering
    edited February 2019
    Hi PIPnewbie I have given up on them PIP assessors are always right with my assessment  and I have a stoma so have a colostomy bag for you know what nice word feces to come out of the body which I have for life the PIP assessors put in is report that did not need a aid or appliances for toilet needs or incontinence unaided and I got ( 0) points and I have to go to the tribunal and that is from FEB 2018 so my plan is go to the tribunal and ask is it okay for me to get rid of my colostomy bag and as I have know control of my stoma just hope that it starts to work overtime and if they ask how come you do not have a bag on my answer will be my PIP assessors put in is report that did not need a aid or appliances for toilet needs or incontinence unaided and he knows more than my Doctor or Consultant  
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    ilovecats said:
    Gerald said:
    Hi PIPnewbie I have given up on them PIP assessors are always right with my assessment  and I have a stoma so have a colostomy bag for you know what nice word feces to come out of the body which I have for life the PIP assessors put in is report that did not need a aid or appliances for toilet needs or incontinence unaided and I got ( 0) points and I have to go to the tribunal and that is from FEB 2018 so my plan is go to the tribunal and ask is it okay for me to get rid of my colostomy bag and as I have know control of my stoma just hope that it starts to work overtime and if they ask how come you do not have a bag on my answer will be my PIP assessors put in is report that did not need a aid or appliances for toilet needs or incontinence unaided and he knows more than my Doctor or Consultant  
    I have already told you that you should’ve received 2 points for activity 5 for your colostomy bag. Why bother posting this again? 
    I also advised them on a completely different part of the forum that they should have received those 2 points.
    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.
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    ilovecats said:

    No, not at all. But we are trained to notice things like that. I once had a lady who ‘couldnt’ spinal flex forward to touch her knees during the physical exam. I also watched her drop her phone on the floor and bend down and pick it up which is evidence that she can indeed bend down. I know it seems devious but often people say they can’t do things due to perceived pain (some even outright lie) but then we witness a complete contradictory movement.

    Young girl tells me she can’t grip knives to cook - then tells me she enjoys doing make up and did her own make up today (wearing finely applied eyeliner which requires good grip and dexterity)

    Woman says she cannot wash her own hair as she can’t lift her shoulders up - then proceedes to put her hair in a ponytail in front of me because she was too hot.

    People do things absentmindedly that disproves their claimed restriction and Im not saying there isn’t a chance your particular assessor may have embellished but often people don’t remember doing simple second nature movements.

    Crohns sucks. Absolutely I agree with that and she certainly should score at least for Activity 5, but in the absence of a diagnosed mental health condition, high level meds and specialist input it will be very difficult to prove the requirement for prompting.
    I agree with all of that.  If people are lying then they deserve nothing.  

    However, the PIP assessor was the one to outright lie in this instance.

    He said she did not look tired even though she was utterly exhausted and had slept like 30 minutes all night before the appointment, including falling asleep in the waiting room, where I had to wake her up.

    He said she looked well kempt, dressed smartly, etc.  She had her hair as she always does, in a pony, no makeup (she has never worn it in her life a single time), and wore joggers, t-shirt, and hoody, as loose loungewear is mostly what she wears as it's easier on everything; her a stomach ache, her stiff joints, the allodynia from fibromyalgia, and so on.

    She also doesn't just have Crohn's issues, and as above she's since been diagnosed with fibromyalgia by her pain specialist doctor (5 days after the PIP assessment, go figure),  she has diagnosed endometriosis which is more agonising pain in the stomach area, diagnosed Temporomandibular joint disorder and Bruxism (this is where her jaw pops out of place when eating and talking several times throughout the day, and makes clicking sound that makes me shudder).

    She has been to the doctor about depression over the years (since her conditions obviously have ruined her life), but she never medicated as she just cannot stomach more medication on top of weekly Humira injections, daily mercaptopurine, and several other medications.  

    Oh that reminds me, she legitimately is so exhausted and in pain all the time, she genuinely cannot always remember to take the vast amounts of medication, so even though she needs phone reminders and a dosette box, apparently her brain is fine so she doesn't need to use an aid to remember to take medication.
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    You seem to be concentrating on a diagnosis, PIP isn't about a diagnosis. It's how those conditions affect your ability to carry out daily activity based on the PIP descriptors. The diagnosis she had of fibromyalgia after the assessment would have made no difference at all.

    Using an aid or needing assistance/supervision or prompting to take medication could possibly score 1 point.

    Please get some face to face advice for an advice centre near your girlfriend.


    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.
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    You seem to be concentrating on a diagnosis, PIP isn't about a diagnosis. It's how those conditions affect your ability to carry out daily activity based on the PIP descriptors. The diagnosis she had of fibromyalgia after the assessment would have made no difference at all.

    Using an aid or needing assistance/supervision or prompting to take medication could possibly score 1 point.

    Please get some face to face advice for an advice centre near your girlfriend.



    Hi Poppy,

    We are about to fill in the form as I am on a visit.  We have until Thursday for it to arrive, but we should be fine.

    Anyway, can the length of PIP award be something appealed against as well as the points?

    We are going to continue this fight no matter what, and in future will heed the advice to seek face to face expertise.
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    edited February 2019
    Yes the length of award can be appealed too. You will need to give reasons why you think she should have been given a longer award and back it up with evidence. Please be aware that any new decision made at her review will overrule the Tribunal decision, if that comes after the review and with the waiting times for Tribunals i'm guessing it will.
    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.
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    Yes the length of award can be appealed too. You will need to give reasons why you think she should have been given a longer award and back it up with evidence. Please be aware that any new decision made at her review will overrule the Tribunal decision, if that comes after the review and with the waiting times for Tribunals i'm guessing it will.
    So does that mean all the potentially missing money from the first year of PIP will be gone forever, or will the Tribunal decision affect everything before the review? 

    This kinda makes Tribunals seem pointless.
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    If the Tribunal goes in her favour then she'll be back dated the money to the start of her PIP award up until the date of the new decision.
    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.
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    If the Tribunal goes in her favour then she'll be back dated the money to the start of her PIP award up until the date of the new decision.
    Ohhh I guessed so, as it seemed rather pointless otherwise.

    I wanted to ask, what happens at the review? If hypothetically they take PIP from her, will that decision take place from when her PIP ends in June 2020, or will it be effective immediately from the date of the review?
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    If the worst happens at her review her PIP will stop 4 weeks after the decision is made. If it goes in her favour then she'll have a new award date.
    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.
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    If the worst happens at her review her PIP will stop 4 weeks after the decision is made. If it goes in her favour then she'll have a new award date.
    Hmm how can it be a 2 year award then? If it has the potential to stop well before then?

    She tried to rush to the toilet last night when getting out of bed, but because of the fibromyalgia her legs just weren't awake enough, and she stumbled and kicked a set of drawers, breaking her toe.  Wondering if we can use this latest medical appointment (minor injuries visit) as evidence.
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    Reviews take place 1 year before the award is due to end. Any decision on the review will overrule the current award. If the review is successful then she will have a new award date.

    No, the Tribunal can only take into consideration what her condition was like at the time the decision was made. As that accident happened after the decision then she won't be able to use it.
    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.
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    Reviews take place 1 year before the award is due to end. Any decision on the review will overrule the current award. If the review is successful then she will have a new award date.

    No, the Tribunal can only take into consideration what her condition was like at the time the decision was made. As that accident happened after the decision then she won't be able to use it.
    No, what I mean is can it be evidence to prove how her conditions affect her which she outlined at the time of applying for PIP?
  • Kas854
    Kas854 Community member Posts: 13 Connected
    edited February 2019
    I've cancer, Chrons disease (Severe), spinal damage, arthritis, fibromyalgia, blackout syndrome. I still work, that's more for my own mental state even if it is from home. I get enhanced on both for PIP.

    Adding the broken toe into your girlfriend's form won't even be taken into consideration. They'll see that as a poly. No offence.

    However if she is prone to accidental falls that lead to injury you can add it. You need to report it to your GP first for it to even hold any sway in a claim. Should you decide to add it. Typical "Evidence" hunting they require.

    PIP is based on how illnesses effect your daily life, not on the diagnosis itself. 

    As Poppy has already said seek guidance from your local CAB as they can help you with the form and they also will accompany you to a tribunal in some cases. 
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    PIPnewbie said:
    Reviews take place 1 year before the award is due to end. Any decision on the review will overrule the current award. If the review is successful then she will have a new award date.

    No, the Tribunal can only take into consideration what her condition was like at the time the decision was made. As that accident happened after the decision then she won't be able to use it.
    No, what I mean is can it be evidence to prove how her conditions affect her which she outlined at the time of applying for PIP?
    No because the accident happened after the decision was made.
    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.
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    CAB very rarely represent at a Tribunal now because of lack of funding. Welfare rights or a law centre is the best place to start. Advice was given many weeks ago to get expert face to face advice, which is really important especially if you don't understand the descriptors.
    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.
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    Kas854 said:
    I've cancer, Chrons disease (Severe), spinal damage, arthritis, fibromyalgia, blackout syndrome. I still work, that's more for my own mental state even if it is from home. I get enhanced on both for PIP.

    Adding the broken toe into your girlfriend's form won't even be taken into consideration. They'll see that as a poly. No offence.

    However if she is prone to accidental falls that lead to injury you can add it. You need to report it to your GP first for it to even hold any sway in a claim. Should you decide to add it. Typical "Evidence" hunting they require.

    PIP is based on how illnesses effect your daily life, not on the diagnosis itself. 

    As Poppy has already said seek guidance from your local CAB as they can help you with the form and they also will accompany you to a tribunal in some cases. 
    Hi Kas,

    I'm very sorry to hear that.  I wish you well in your fight.

    What sort of work do you do from home?

    My girlfriend would love to do something, but she knows doing conventional work is impossible.  She gets so bored, upset, and depressed, especially at her birthdays when another year has gone by and she hasn't "done anything with her life".
  • Kas854
    Kas854 Community member Posts: 13 Connected
    edited February 2019
    PIPnewbie said:
    Hi Kas,

    I'm very sorry to hear that.  I wish you well in your fight.

    What sort of work do you do from home?

    My girlfriend would love to do something, but she knows doing conventional work is impossible.  She gets so bored, upset, and depressed, especially at her birthdays when another year has gone by and she hasn't "done anything with her life".
    I used to be medical engineer in which I designed artificial limbs for people who had lost theirs through accidents etc. I would still do design work but unfortunately I haven't the physical strength to build the finished product anymore.

    I'm very fortunate my boyfriend is supportive but definitely not easy being in the position where your partner has to help out. I'm sure your girlfriend feels the same way.

    Hard not to worry but no worry in this world is worth getting in a state about. Many wee work at home jobs. Sounds silly but what about something she is interested in? Animals? Crafting? Teaching? She could turn her passion into a business.

    Thank you for your kind thoughts. I'm still talking so I'm good in my book :)
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    Do you mind if I ask on what basis they gave you enhanced for both?  How much did Crohn's, arthritis, and fibromyalgia (what my girlfriend has) play a part?

    And she loves animals. She wanted to be a dog groomer and do it at home, but she mostly doesn't have the energy to brush her own dog. I've lived 33 years and I've never seen a more "tired" person who sleeps so much. When we eventually live together I could help her out more. Right now she lives with her grandparents as she has for years, but they're too old to do more than her care.

    But definitely keep fighting!! Like I say to my girlfriend, I read a lot about upcoming technological and medical breakthroughs. In the next 10-20 years, we'll advance more than we did in the past 1,000 years!

Brightness

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