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  • poppy123456
    poppy123456 Community member Posts: 53,985 Disability Gamechanger
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    No worries, i know you weren't. LOL it probably won't help even if i could fill them out for you because i don't know exactly how your conditions affect you.

    Over the years i always asked an agency to help with the forms but my knowledge over the years increased and since posting here i realised what i was doing wrong was asking agencies for help. People think that there's certain words you should use, even i thought this. There isn't and the best person to fill out your form is yourself. Why? because you are the only one that knows exactly how your conditions affect you. Just fill the form in exactly how your life is affected, then add those examples.

    I'm my daughters appointee so i had to "pretend" i was her, which i more difficult. I had to think really hard before answering those questions and it took me 5 weeks to fill out the form because i did a question at a time and used extra paper for all the other information. I know her inside out and have looked after her all her life so i know her exceptionally well obviously. I won't lie, it was stressful and it took me weeks to sort through all her evidence because i kept forgetting things lol. I have the worst short term memory and i'd put something to one side and forget where i'd put it lol. I did scream a few times :| My eldest daughter helped me in the end and she typed out the extra pages on her laptop and we printed them out.

    Asking an agency for help isn't always the best idea because there's no way you can sit there and tell them everything about your conditions in the space of an hour, so there's going to be things that are missed. I know this because i made this huge mistake myself in the past. If they spent hours and hours helping you then there won't be enough time to help the next person.

    I think you're still waiting for the decision right? If so then start writing the MR and try and do it yourself or even ask your son for help because i'm sure he knows you very well.

    As for fightback.... sorry but i'd never ever pay someone for help, no way. I certainly don't agree with people charging to help others.
    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.
  • [Deleted User]
    [Deleted User] Posts: 587 Listener
    edited May 2019
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    Thanks @poppy123456 I also have a friend that knows me pretty well who is also pretty good at wording things, so maybe if I did try and type out what you've suggested, I could then show it to her and my Son and my son could remind me of things and my friend could help me write it better. My problem is that I'm very bad at explaining, I end up waffling, my attention span and concentration are pretty bad, to the point where my Son reads all of my correspondence, I tend to reread posts like this just to make sure I've gotten the information right and will refer back to the post because I forget what's been said, I sometimes have problems understanding things as well, so my Son has to help with that also, I even started making errors with my finances so now I have to ask my Son for help with that.

    In all honesty, I feel really **** about the way I am, I have gone from a pretty independent person, I've pretty much brought my Son up on my own, I used to be pretty active and walk 8 miles a day, did all of the cleaning, shopping, cooking, finances etc and even DIY lol, now I'm pretty much dependant on both my Mum and Son. I have zero reason to lie about how I am affected and what this assessor has done in regards to his report has made me feel pretty low because it feels like he's trying to re-diagnose me and call me a liar in regards to my mental health, as I think I've stated somewhere else, there is enough stigma attached to mental health without these assessment companies and such adding to it (not just them GP's and other medical professionals too can make it pretty hard to seek help).

    I'm someone who has been pretty proactive in regards to my health, I've always tried what the GP's, psychiatrist etc have suggested. I don't want to be the way I am, I wanted to be a carer for disabled people, took an interest in it when I used to help someone with respite now and then but now I'm the one being cared for, as you can imagine it's pretty frustrating.

    Sorry for the waffle, but you seem like a pretty nice, kind, understanding person.

    I almost forgot to ask! IF I need to do an MR I know it's 2 - 3 examples again, but what would you suggest in the way of medical evidence/evidence? I've obviously sent the things I have now and I don't think there's much more I can sent tbh.
  • [Deleted User]
    [Deleted User] Posts: 587 Listener
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    In regards to Fightback, they would actually spend a lot longer speaking to you than Welfare Rights, the officer was here for around 20 minutes, only asked a few things, I mentioned the last form not having a lot of info on it and he tried to tell me that was ok, I do understand that they have to see a lot of people and can only do so much but if that is the case then maybe they need a better approach to how many people they help or something, it's not like we don't have a lot of advice centres in the county I live in because we do.

    I do agree that people shouldn't be charged for form filling and such.
  • madquasimodo
    madquasimodo Community member Posts: 140 Pioneering
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    WF2k while I agree you should never "have" to pay for help, perhaps fightback might be a good choice, it depends on how much you stand to lose, I lost a Tribunal because I could not afford much need help, they missed a point of law, after I did some research and found they had not taken in account how my problems effected me, reading through court papers/cases, someone appealed to the Upper Tribunal and won, because they had failed to account for the disability.

    The rules are there, they rely on "us" not knowing our rights, and the exact definition and how to answer, you may see some advice, saying that something may not count, but in the fine details its different, that's why the DWP lost 2 cases recently and had to re-assess a large number of claimants. its hard finding someone to help with the right knowledge who is prepared to help. 

    In a review of the benefit system the MP Frank Field highlighted some issues, the DWP only used 2 rules for some descriptors when it was put in place they should use 4 (I think) many people were wrongly placed as able to perform based on the wrong standards. The whole system is not based on what help you need but on a political agenda of removing benefits, "make them work or starve" 
  • [Deleted User]
    [Deleted User] Posts: 587 Listener
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    @madquasimodo Fightback are pretty thorough to be fair, they did my ESA50 and put a shed load of info down on the form after speaking to me and getting info from me via email, that was in 2017.
  • poppy123456
    poppy123456 Community member Posts: 53,985 Disability Gamechanger
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    Thanks for the kind words!

    Evidence, it seems like you already sent enough and sometimes less is more. One piece of evidence could contradict another, if you send lots. Besides that, sending 100's of pages isn't needed.

    I stand by what i say about fightback...thanks but no thanks, i refuse to pay someone for help but each to their own as they say.
    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.
  • [Deleted User]
    [Deleted User] Posts: 587 Listener
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    So you don't need to send evidence for an MR if they already have evidence? (Just making sure I'm reading what you are saying properly). 

    PS - I typed this out like 20 minutes or more ago and got distracted, that's how bad I am LOL.


  • madquasimodo
    madquasimodo Community member Posts: 140 Pioneering
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    I can't comment on what luck others have had or how many times they have been able to successfully pass a F2F assessment, I can only relate to mine and my partners awards, I failed to be awarded anything PIP2, failed on MR, went to Tribunal Failed, found out later I should have gone to the Upper Tribunal as there errors in the Tribunal which should have been caught (my fault I was a green and naïve ) had a second claim and was awarded enough points, not what I should have got, but enough to help and I wouldn't appeal it further, I have got worse but know full well if I get the wrong person on the wrong day I will lose the lot. (based on my partners experience)

    My partner failed on PIP2, failed at MR even though the report stated she had no examination and the award was based on one being done and her passing fully fit, the Tribunal doctor knew what was wrong, she was offered full PIP (enhanced) and lower rate mobility as we sat down. She was asked if she would like to try for enhanced mobility, 15 mins of quick fire questions from only the doctor and she was given full mobility and more points in other descriptors.

    Just before her 65th birthday she had a review over 1 year before her award was due to run out (seems harsh, I checked she had 10 months of her award) the review was scored, descriptor by descriptor the same as her first claim, nothing from the court or tribunal was recorded (extra points in certain descriptors) her Neurologist wrote a report signing her off as no further improvement and nothing to be done, she won't get better, damage has been done and there's nothing they can do.

    Physio reports show  
    Dix-Hallpike test, and what her balance and function is, Caloric reflex test shows zero output on right side and nil on left (not zero just too low to help her balance) Disability analyst report lists  the ROM and states she could not use a mobility scooter due to her balance and ROM. As you can guess there is a few reports from hospitals and consultants.

    A nurse decided none of that matters, stated "she walked from the car to the centre" total loss from this £4000, loss of warm home discount, loss of car tax reduction, so all in a lot to lose.

    My partner is no better, she has not improved, doctor can do no more, she will never walk unaided or have any balance, yet the DWP feel she is fit and able, it seems the Tribunal decision has been wiped from her record, If I can get some help I will, there are always winners and losers, sadly we both fall into this second group.

  • [Deleted User]
    [Deleted User] Posts: 587 Listener
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    That's pretty bad really, I'm sorry that happened to your wife :(
  • madquasimodo
    madquasimodo Community member Posts: 140 Pioneering
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    Thanks but don't worry I am having her stuffed and put in the corner, its cheaper than a funeral.
  • poppy123456
    poppy123456 Community member Posts: 53,985 Disability Gamechanger
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    WF2k said:
    So you don't need to send evidence for an MR if they already have evidence? (Just making sure I'm reading what you are saying properly). 

    PS - I typed this out like 20 minutes or more ago and got distracted, that's how bad I am LOL.


    There's nothing stopping you sending more evidence, just make sure it doesn't contradict what you've already sent. I still go by the "less is more option"

    As i advised most MR decisions remain the same anyway so you'll most likely be going to Tribunal. Sorry if that sounds harsh and i don't mean anything by it but i just don't want you to get your hopes up.
    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.
  • [Deleted User]
    [Deleted User] Posts: 587 Listener
    edited May 2019
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    Okie dokie, thank you :) Yeah I know, it's just something you have to go through to get to the tribunal  :#

    I thought Amber Rudd was meant to be having someone look into the amount MR failures there are in comparison to the amount of tribunals successes.
  • twonker
    twonker Posts: 617 Pioneering
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    ilovecats said:
    twonker said:
    ilovecats said:

    This is true, they are only allowed to access your information once you have arrived at the assessment centre. They read the PIP or AR1 and the previous report and then try to read as much as they can dependant on amount and relevance. 
    The previous report? So if the report from last time is a load of rubbish and does not accept that the claimant has any entitlement to points they would start from that point onwards?
    Obviously if the assessor this time around accepts everything claimed and said the choice I suppose is that (a) they accept that the previous report was flawed or maybe (b) since the last report the claimant has deteriorated considerably?
    Presumably they would have no knowledge if the earlier decision was changed dramatically by a Tribunal?
     
    You’ve asked me this before and I have already answered it.
    I have not! Please provide a link to the relevant post
  • twonker
    twonker Posts: 617 Pioneering
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    There is nothing in GDPR whatsoever to prevent a HCP from previewing claim packs etc. well in advance of assessment. Thus there is no GDPR breach when someone doing a home visit does exactly that. The process being described by @ilovecats is one devised by HCPs and providers and has nothing to do with the DPA or GDPR. It also breaches their own guidance and potentially the public law principle that you must use what you have and cannot ignore it.

    The assessment providers guidance says explicitly 

    1.6.5 Before starting the consultation, the HP should read the claimant questionnaire and all other evidence on file. It is also recommended that the HPs could also consult with clinical coaches or other experts prior to the face-to-face assessment for advice and support on how conditions present and how this might affect function.”

    Bearing that in mind I wonder how a HCP would comply with that guidance if the law prevented them from even seeing evidence until you check into the venue? How might one read a claim pack and all supporting evidence; conclude that consultation with clinical coaches or other experts is needed and then do that before the face to face as per the guidance? 

    This is a publicly available document and can be found at 
    https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-1-the-assessment-process#face-to-face-consultation



    Having read that document, How is a claimant supposed to force the issue at the assessment to ensure that the HCP has complied? 
  • twonker
    twonker Posts: 617 Pioneering
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    cristobal said:
    @WF2K - I'm not a benefit adviser, just a claimant like yourself, but that doesn't sound correct to me...if I've read it correctly they're saying "Put this in, and if you're not successful then we'll send supporting evidence" Maybe I've misunderstood?

    Fortunately there's lots of advice on here about the way forward although, as far as I can see, probably best not to bank on anything changing at MR!

    Good luck anyway...
    That was how it was being advised in the past - I was told the same back in 2014. To always keep a 'juicy' bit of evidence back just in case you had to go to a Tribunal.
  • twonker
    twonker Posts: 617 Pioneering
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    WF2k said:
    Okie dokie, thank you :) Yeah I know, it's just something you have to go through to get to the tribunal  :#

    I thought Amber Rudd was meant to be having someone look into the amount MR failures there are in comparison to the amount of tribunals successes.


    She will soon be out of a job. She makes so many promises that I have not as yet been able to find one that she has kept.
  • [Deleted User]
    [Deleted User] Posts: 587 Listener
    edited May 2019
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    So I got a copy of my review form and well, lets just say it doesn't have 2 - 3 examples on there, so I've contacted the Welfare Rights officer that I have now about it and explained what sites like this advise. I understand that they have limited time but this form has very limited information on it and doesn't state anything other than she still has this and still needs prompting, or she still needs help with this and uses aids etc.
  • twonker
    twonker Posts: 617 Pioneering
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    WF2k said:
    So I got a copy of my review form and well, lets just say it doesn't have 2 - 3 examples on there, so I've contacted the Welfare Rights officer that I have now about it and explained what sites like this advise. I understand that they have limited time but this form has very limited information on it and doesn't state anything other than she still has this and still needs prompting, or she still needs help with this and uses aids etc.
    Like assessors there are good and bad welfare rights organisations.
  • poppy123456
    poppy123456 Community member Posts: 53,985 Disability Gamechanger
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    Chobbly said:
    @poppy123456

    Hi

    Could you explain enhanced premium please?

    Ive read some info on it, but dont fully understand.

    I received Enhanced on PIP and receive UC single mans over 25 and am on LCWRA.


    Hi,

    I answered your question on the other threads and this was my reply.



    As you're claiming UC then the premiums don't exist for this unfortunately. The disability premiums are only paid on the old legacy benefits such as Income Related ESA/JSA and Income Support.

    The LCWRA on top of the standard allowance for over 25's is  actually more than ESA with the Enhanced disability premium, if worked out correctly as a monthly payment.

    UC are part of DWP so they should already know you're claiming PIP. However, a PIP award doesn't automatically entitle you to more UC unless you're under 35 and claiming the housing element.

    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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