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Pip medical

reach1reach1 Posts: 10Member Listener
edited August 2017 in PIP, DLA and AA
Hi I had a face to face medical on 3/8/17 the DWP said they received this report on 7/8/17. On 8/8/17 I asked for a copy of the report to be sent to me, they said it should take 19 days to get to me, rang them again on 24/8/17 as not received the report and they told me as no decision on my pip has been made they won't send out the report. Can they with hold the report like that, the assessment was for a change In circumstances as my mobility has gotten worse over last 12 months, currently on standard care rate only 

Many thanks

Reach1

Replies

  • steve51steve51 Posts: 5,883Community champion Disability Gamechanger
    Hi @reach1

    Welcome to our website and online community I hope that we can help you with this ???

     I have put an attachment below for Benefits you will find PIP within this.

    https://www.scope.org.uk/support/disabled-people/calculate-benefits

    Please please come back to me if you need anything else ????
  • reach1reach1 Posts: 10Member Listener
    Hi thanks for the link. 

    I called pip yesterday and they have kept me on standard care rate only, no mobility. I have a blue badge and disabled rail card should this make a difference as I can only walk about 10-15 seconds each time before I have to stop due to pain (that's when I go out, currently been in house since Friday as pain to bad to go out any where). Do I ask for a MR on the mobility side of the claim or does it have to be for all of the claim? 
  • CockneyRebelCockneyRebel Posts: 5,250Community champion Disability Gamechanger
    Any MR will look at your whole claim. How safe is your care award?
    can you show that you meet the criteria for a higher award or mobility ?
     have you any further evidence that can support your claim ?
    You can of course say in your MR submission that you accept the care award however , if you think tha you meet the criteria for a higher care award then that won't be considered. From the way you describe your problems with mobility you may well have to take it to the appeal tribunal to get what you deserve . The tribunal will look at all the evidence without the bias of the DWP.
    Be all you can be, make  every day count. Namaste
  • reach1reach1 Posts: 10Member Listener
    The only evidence I have is what they have and now a blue badge and refuge collection from my house as I have real difficulty getting the bins down the ramp and struggle with the walking. The standard care is safe but still only have the 8 points I am blind in left eye and need either large print or magnifying glass to see anything written down but get no extra points on that section as they said I either don't use a aid or don't need one yet could not read their card without magnifying glass about 4 down from the top. I can't get in or out of the bath with out help from my daughter but only got points for not being able to wash from waist down. I am also awaiting a diagnosis from doctor on the dizziness I suffer as he said it could be BPPV. 
  • Lorraine42Lorraine42 Posts: 6Member Listener
    My pip report is an absolute joke.Hp says "'expected to recover over next 12 months so no help needed'.1 off my diagnosed disorders is Multiple Sclerosis which most people know it's a progressive illness yet I'm told I'll be ok in a year...Capita should not be allowed to do assessments and play god with people's lives.
  • MatildaMatilda Posts: 2,616Member Disability Gamechanger
    @reach1

    Scope have a guide to PIP appeals - look under Advice and information.  Also Disabilty Rights and CAB websites have guides to PIP appeals. Get some local face to face advice locally if available - Scope Helpline could advise you about local advice centres, and also give you phone advice.

    Mandatory Reconsideration is the first appeal stage where only 20%succeed but 65% of Tribunal appeals succeed.

    Sounds like you have very good grounds for appeal.
  • CockneyRebelCockneyRebel Posts: 5,250Community champion Disability Gamechanger
    Have you received the decision letter ?
    In general, you have 28 days from the date of the letter to request an MR.
    They should be able to send the report before the decision is made so chase them up'

    CR
    Be all you can be, make  every day count. Namaste
  • reach1reach1 Posts: 10Member Listener
    Not yet received the decision letter the lady gave me the info over the phone and said the letter was sent out on 25/8/17 and can take 10-14 days to get to me. I have not received a copy of the medical assessment that I asked for and no doubt when I get the decision letter will have to phone them up to request it again, I have asked for it twice to date. Will ask for a MR once I get the letter.
  • CockneyRebelCockneyRebel Posts: 5,250Community champion Disability Gamechanger
    edited August 2017
    When you get the decision letter don't rush to request your MR. Be mindful of the date of the letter, but the report will help you understand what you need to do. So if possible wait for the report, if it does not arrive in time send in your MR but state that you will be sending further evidence to be included before the reconsideration takes place. They should allow you four weeks to submit your evidence, in practice it doesn't always happen.
    I don't want to complicate things further at this stage so please keep us informed of progress

    CR
    Be all you can be, make  every day count. Namaste
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering

    Hi @reach1

    Apologies that Benefits Training Co seems to have arrived at this party a little late!

    The advice from the Community above is spot on though - provided you're confident with the Care award, then no harm appealing!

    Let us know how you're getting on and if we can offer any more support or advice!

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • reach1reach1 Posts: 10Member Listener
    Received a copy of the Atos report that was done at the medical so many lies in there
  • MatildaMatilda Posts: 2,616Member Disability Gamechanger
    @reach1

    Par for the course!  You are not alone.  My Atos assessor lied or bent the truth but at Tribunal I was awarded enhanced both components with no end date .  So be optimistic.

  • reach1reach1 Posts: 10Member Listener
    Yeah they have Lied and contradicted themselves, they said I attended assess!ment with my son and two daughter but went alone they said I use a walking stick but walk at normal pace. (Takes me an hour to walk down to my doctors surgery but takes a able bodied person 15 mins to walk same distance ) they said I can read without the use of my magnifying glass (blind in left eye and wear glasses to help right eye). They said I need help from another person to bath or shower, but then said I could do this daily using aids. I can't get in or out the bath on my own so not sure how I can use aids to bath thats if I can get in the bloody thing... The list goes on. Phoned pip up today and they told me I have to write to atos and complain and when the dession letter comes ask for a MR and send them a copy of the complaint letter I send to atos and they will look at it again and see if I get more points. I still have 8 points on care so still get pip but the online self assessment I did I should get 14 points care and 12 points mobility.
  • MatildaMatilda Posts: 2,616Member Disability Gamechanger
    @reach1

    Scope have an appeals advice section including MR.  Look under Advice any info.  Disabilty Rights and CAB websites also have guides to PIP appeals.
  • CockneyRebelCockneyRebel Posts: 5,250Community champion Disability Gamechanger
    As you now have a copy of the report you have a small window to ring the DWP and request a call back from a DM to express your concerns ove rhte accuracy of the report before the decision is made
    Be all you can be, make  every day count. Namaste
  • reach1reach1 Posts: 10Member Listener
    The decision was made on 25/8/2017 before I received the report 
  • CockneyRebelCockneyRebel Posts: 5,250Community champion Disability Gamechanger
    You have one calender month to challenge the decision and ask for MR. Statistically the odds of change at MR are small but you must complete this stage to be able to appeal to the tribunal where sucess is considerably better.
    if you decide to challenge the decision, stick to the facts. You may feel better for rubbishing the HCP but that will not score you points.
    You cannot fight the HCP's opinions so don't try. Stick to concentrating on proving how you meet the descriptors. If you have any further evidence ie a GP support letter, now is the time to submit it
    Be all you can be, make  every day count. Namaste
  • MatildaMatilda Posts: 2,616Member Disability Gamechanger
    When I made my MR and then appeal I pointed out where the Atos paramedic was either plain wrong or had told lies - as well as stating how I met the relevant descriptors.

    As expected MR made no change but Tribunal awarded me enhanced both components with no end date - increased from standard both components for five years.

    It certainly does no harm to point out assessors'  'inaccuracies' - in fact is a good idea to make DWP and Tribunals aware of them.

    A while ago a member reported that they had won a Paper Tribunal by listing all the assessor's lies and why those were lies.
  • reach1reach1 Posts: 10Member Listener
    I am going back down the doctors next week as they gave me different tablets to try due to the pain in my arms, doctor said it would get better with these tablets but it got worse as now I can't straighten my left arm at all and right arm going same way and left knee getting the same pain now, that's on top of every thing eles I got going on. 

    Starting to feel depressed now as cant get out no where and been stuck in the house since Monday due to the pain of moving (like this most weeks as only go out if I need to as in so much pain ). I am on so much pain meds think I might start to rattle soon 

    I shall be asking for a MR as soon as I get the decision letter from them and doing the complaint to atos. Not done this before so will go look at the scope appeals advice before I start 
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering
    reach1reach1,

    You've had excellent advice from the community on this thread. The only thing I would add is that when you write your MR request, you'll need to concentrate on how things were at the date of the decision. It sounds as if things might have got worse for you since, but unfortunately the DWP decision maker (and the tribunal if you appeal) can't look at what has got worse. They can only look at how things were at the date of your decision.

    Having said that, you've got plenty of facts which contradict the assessor's report (as Matilda and others suggest, point these out), and from what you've said, you should have got the mobility component based on how you were at the date of the decision. Explain what points you think you should have got. It's worth saying what points you think you meet for daily living too (both ones you agree with, and any extra ones).

    As advised above, stick to the time limit on submitting your MR request. You can make the complaint to ATOS at any time, but soon is good. I also agree with CockneyRebel that there is little point in rubbishing the assessor in your MR, but you can point out factually what is simply untrue in the report, and your evidence for your actual difficulties.

    Good luck!

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • reach1reach1 Posts: 10Member Listener
    MR was done yesterday just a waiting game again now 
  • wildlifewildlife Posts: 1,316Member Pioneering
    @reach1 I know you've done your MR but no-one else has mentioned that sensory problems affect the planning and going on a journey alone activity. I.e the problems with your eyes should be explained in relation to this activity, how you need someone with you to keep you safe. This would put you up to higher mobility even if the walking activity was kept the same. If you didn't mention this in your MR you can ask for a call back anytime to speak to a decision maker, even after your MR is decided if it's not successful. DWP can change the award anytime up to appeal but if you need to apply for appeal do that at the same time. Just keep on at them about the lies. 
  • reach1reach1 Posts: 10Member Listener
    I have mentioned this to them but they say as I am not legally blind (I have no central vision and shadows on side vision in left eye) and have one good eye (well kind of good as short sighted in it) that it does not matter and don't count.

    Trying to go out after it starts going dark is impossible as I can not see where I am going (village location and think the council for got the street lights as we have about 4 on way down to the only local shop in the village) last time I went shop when it was starting to get dark was 2 years ago and I fell down a pot hole in the road (again think the council forgot the foot path here also should of sued them but was not badly hurt just a scratch) so if I forget anything that I need and it getting dark then I have to wait til morning when it is light to go down (this take around an hour to get there and an hour to get back for me, when my daughter come over it takes her 40 mins to get there get stuff then come back) so I try not to forget things (don't always work out that way tho) 


  • NystagmiteNystagmite Posts: 609Member Pioneering
    reach1 said:
    I have mentioned this to them but they say as I am not legally blind (I have no central vision and shadows on side vision in left eye) and have one good eye (well kind of good as short sighted in it) that it does not matter and don't count.

    Trying to go out after it starts going dark is impossible as I can not see where I am going (village location and think the council for got the street lights as we have about 4 on way down to the only local shop in the village) last time I went shop when it was starting to get dark was 2 years ago and I fell down a pot hole in the road (again think the council forgot the foot path here also should of sued them but was not badly hurt just a scratch) so if I forget anything that I need and it getting dark then I have to wait til morning when it is light to go down (this take around an hour to get there and an hour to get back for me, when my daughter come over it takes her 40 mins to get there get stuff then come back) so I try not to forget things (don't always work out that way tho) 


    You would have to explain how having the use of one good eye affects your mobility. Usually, the one good eye compensates for the lack of vision in the other.

    They don't take into account things like the weather and it being dark. I'm sure many able bodied people would try to claim they have similar issues. I've had one or two able bodied friends unintentionally walk me into things when it's been dark. It's how you are on an average day. IE, when it's not dark or chucking it down with rain.
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering
    reach1,

    I'd broadly agree with the advice you've got from Nystagmite. It is relevant that you have vision problems, but the decision maker should look at how you can get on with a general average hypothetical situation - for the mobilising activity (not the same activity as planning & following journeys but likely to be relevant), a judge said the decision maker should look at your ability on a 'normal' out of doors surface, including kerbs and 'reasonably flat' pavements.

    I still think though that there might be room to argue that, in any area of the UK (whether rural or urban) there are uneven bits of pavement, and potholes happen. Because of your disability, you can't necessarily see the hazards and need someone with you because of this. Your benefit can't take into account the particular circumstances of where you live and how bad the council are, however. 

    As for going out after dark, I think as with all the activities it depends on what is reasonably required. If going out after dark (given it gets dark early in the winter) is reasonably required, then it can be considered. All the activities have to be carried out 'repeatedly' if you are going to be said to be able to do them. Repeatedly means as often as you reasonably require to do things (eg, sometimes you might need to go to the shop twice in one day because you forget something the first time). 

    So, even if it is too late to mention in your MR, if you do get to the appeal stage I think I would mention how careful you have to be to remember everything, especially in the winter months, because it is not safe for you to go out after dark. The lack of safety has to relate to your condition though - as Nystagmite said, if it would be unsafe for someone without your vision problems, then that isn't something which gets taken into account in PIP.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering
    PS reach1reach1,

    Depending on how often you have to go out after dark I think that your problems with night vision are more relevant than you might have been told. There's a case which says you can score points for this.

    'a person’s lifestyle was restricted by more than a trivial extent if they could show that their particular disability was sufficient effectively to debar them from following the route of a journey without assistance during the hours of dusk or darkness'

    Even though the difficulty only affects part of the day, it's still a difficulty which may significantly affect your life.

    The case ref is [2016] AACR 23. Even if you've done your MR you can still contact the decision maker and give some more details about your night vision problems and why you need assistance on familiar journeys once the light levels are low. If it doesn't work at MR level, it is worth trying at a tribunal, but do get help if you can (eg from a CAB).

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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