Will the decision maker just go along with the report?

Sdag1973 · March 2020

Hi.
Just joined for some advice. I know these things have been asked probably a million times so please forgive me.

I've had an ileostomy since 2016, an emergency procedure. Since then I've been in and out of hospital, sepsis several times, 18 major operations, full abominable restructuring, proctetomy, critical care coma, etc etc. Still have huge inoperable parastomal hernia, arthralgia which is being treated, PTSD with counseling referral etc. I had a PIP assessment recently and although I've not had a decision yet I have received my copy of the report and as I'm sure you'll all expect, it is full of inaccuracies and not a reflection of what was said at the meeting at all, which was a home assessment. It even says I haven't been in hospital in the last 12 months when I was in hospital in September through to November and had 7 emergency operations including sepsis and being in critical care an hour from death. That is just one of the major errors. It says I was relaxed and in good spirits, I was in tears..... points recommended are 2 overall even though at one paragraph it says I need help getting in and out of the bath but on the tick sheet it says I can wash with an aid so 2 points. When I sent my forms off I sent loads of letters and assesment reports from my hospital stays, my rheumatology specialist, Crohn's nurse etc etc which shows I have all these conditions and all hospital stays. I'm lost basically as to how all the evidence can be ignored and will the decision maker just go along with the report even though they already have reports to the contrary of what was said?

If you've made it to the end of this post I thank you for your patience ???

chiarieds · March 2020

Hi @Sdag1973 - & welcome to the community. I'm very sorry to read about the assessor's report, & it's inaccuracies.

The way forward now is to go for a Mandatory Reconsideration (MR) once you receive your decision letter, as usually the DWP Decision Maker goes along with the assessment. You will have one month from the date of your decision letter in which to apply for this MR.

PIP is about how your disability affects you, & is not based on your medical condition(s), & sometimes less medical information is more. Sending lots of medical info, if it doesn't show how your medical conditions affect you, is unfortunately therefore sometimes unhelpful. Your medical conditions as stated on your initial claim form will not be in doubt, but do they show how your disabilities affect you?

What may help you, is having a look at the 'descriptors,' & for any that apply, you would would need to write in your MR about the problems you had, giving examples that you had (at the time of your assessment) with a couple of examples illustrating these.

So, please take the time to look through this lengthy link which will hopefully give you an understanding of the PIP descriptors. See: https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

An understanding of this will help you in writing your MR. I hope it does, but if you have any questions, please do say.

Sdag1973 · March 2020

@chiarieds thank you for your reply. I will look through the links thank you. I think what confused me is that I supplied letters from the specialists explaining how the conditions affect me daily plus the health assessor has written in the notes things like, needs prompting to drink which causes his dehydration and effects his fatigue making activities difficult, but then they've ticked I can take nutrition without prompting. Says on some days I cannot leave the house and if walking 200 metres would need to stop twice to rest due to pain, then ticked I can walk 250 unaided. It's filled with these conflicting points thats thrown me.

Thank you

poppy123456 · March 2020

Hi,

Ticked the 250 metres box for moving around? Are you 100% sure of this? There's no box for the distance. box A is "Can stand and then move more than 200 metres, either aided or unaided"

How much evidence did you send? Did you double check all the evidence for contradictions before you sent it? Sometimes when sending in lots of evidence like this then one piece may contradict another piece and yes a lot of the time, less is often more.

When requesting the MR then you should put this in writing stating where you think you should have scored those points and your reasons why. Then add a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

Please have a read of the link that my friend @chiarieds has posted above.

Sdag1973 · March 2020

@poppy123456 thank you for the information.

The report is the assessor copy and I haven't received the actual decision yet although as many people state, this will usually go with the health assessment recommendation. A glaring error is the repeated Statement that I haven't been in hospital in the last 12 months. I was in hospital from September for 3 months and had 6 emergency operations, had sepsis and was in critical care with an hour to live. I sent photos of my abdomen split open through the muscles where it split through pressure and sepsis with explanation of how this alone limits my functions and explained daily limitations, there's also the hospital discharge notes and surgeons notes. I also have my hospital notes and explained how all this has added to my existing PTSD from the numerous surgeries and complications. How can this be omitted? Then when it came to having the short bowel syndrome I explained the daily issues with this that effects nutrition which is more complicated than just grabbing a snack.

Maybe I'm rambling but it really has all kicked off my PTSD.

Thank you

Si.

thespiceman · March 2020

Hello @Sdag1973 Pleased to meet you.

Sorry to hear of your bad experience.

Please can I add you mentioned PSTD.

Have you ever considered looking at mental health charities.

Reason is first got a support worker or an outreach worker to guide, advise and help you. Also help with any thing else.

Including benefits, attending assessments, filling in forms.

Looking at your mental health, diet, nutrition welfare, health.

I used these three . Might not be in all areas. Take clientele with additional disabilities or conditions.

Often signpost any relevant support or speak to those who may help.

https://www.richmondfellowship.org.uk

https://www.mind.org.uk

https://www.rethink.org

Please if I can help with anything please ask.

@thespiceman

Sdag1973 · March 2020

Hi @thespiceman. Thank you.

I have been referred to a counselor and received small financial aid from a charity to attend. Just waiting to see the guy recommended by the stoma team. I did see an NHS counselor but didn't quite work out for different reasons, probably because I wasn't in the right mindset.

I appreciate your input.

Si

poppy123456 · March 2020

I'm sorry to hear it's caused a worsening of your PTSD.

Yes the report isn't a decision and i know you haven't had the decision yet but they rely heavily on the recommendations in the report and it's rare they go against but it can happen.

Your hospital admissions doesn't tell them how your conditions affect you against the all of the PIP activities/descriptors.

Once the decision's been made, if it's a refusal, which it most likely will be then if you can get some advice/help and support from either welfare rights, a law centre or your local CAB then i'd advise you to do this. Check this link to see what's local to you. https://advicelocal.uk/

Will the decision maker just go along with the report?

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