0 points after 15 years

James1954

Alice_Holt wrote: »

You have a time limit of one month from the date of the decision letter to ask for a reconsideration. Do not delay, write for an MR asap.
(links had to be removed again before I could post)

Well I asked the Decision Maker who phoned me yesterday for a Mandatory Reconsideration so I could get on with my appeal, but he didn't give me a straight answer to anything. Eventually he said they would be sending me a letter and hung up.
I wonder if I should wait for the stuff they send before asking again for the MR, so I could add any information they ask for with it. The Maximus Assessor doesn't appear to have read anything I have written, or heard anything I have said, but hopefully the DWP might?
Hard to see how the Mandatory Reconsideration would overcome 0 points at Medical though. Especially when I have told the Decision Maker yesterday my condition hadn't changed since the assessment. But with the stress of all this I can truthfully say its got worse now.

Alice_Holt

Under PIP points system you can score points for needing aids sand appliances.

So, for instance:
if you have to use a perching stool whilst preparing food,
if you have to sit in the shower or have rails to hold onto,
if you have a raised toilet seat or rails to help get off the toilet,
if you have a grabber to help put on socks/shoes etc.

This would get you to the 8 points necessasry for a PIP daily living award.

A PIP award would also get you a premium added to your ESa (when reinstated by the TS through the appeal process).

Whilst the CAB are helping you with the ESa appeal, they can advise you on PIP & help you complete the PIP form.
See http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-self-test

James1954

HappyMJ wrote: »

The additional costs you incur are amongst other things the extra travel costs to the GP to get the prescription for the painkillers that you are on. I know you said you rang for repeats. You could spend the money on phone calls instead. You may have inclusive calls in your contract but not having to make these calls and you may not have required the tariff you are on so therefore an additional cost.

Do you really have no issues at all dressing? You could spend the PIP money on devices to help you get your shoes and socks on.

You seem to have issues walking for a distance. You would need to spend some extra money on taxi's on journeys where most people could just simply walk.

Thanks for the reply. The GP sends my free prescriptions to the Chemist nearby. Everything is arranged to avoid visits to the Surgery, saving them time and me travel. I get free help with some things which I am very grateful for. So I don't like the idea of putting my helpers names down on a form and setting the DWP Officialdom on them Which is another thing which has put me off applying whilst I was getting ESA/IB for the last 15 years.

Alice_Holt

James1954 wrote: »

Well I asked the Decision Maker who phoned me yesterday for a Mandatory Reconsideration so I could get on with my appeal, but he didn't give me a straight answer to anything. Eventually he said they would be sending me a letter and hung up.
I wonder if I should wait for the stuff they send before asking again for the MR, so I could add any information they ask for with it. The Maximus Assessor doesn't appear to have read anything I have written, or heard anything I have said, but hopefully the DWP might?
Hard to see how the Mandatory Reconsideration would overcome 0 points at Medical though. Especially when I have told the Decision Maker yesterday my condition hadn't changed since the assessment. But with the stress of all this I can truthfully say its got worse now.

If you have the decision letter, I think you should write asking for an MR. To do otherwise may slow the process.

I'm sorry to say It is unlikely that the DWP will change the decision at MR stage. It is more likely you will have to appeal the Mandatory Reconsideration Notice (MRN) to the Tribunal Service.

Again the CAB should be able to guide you throgh this proccess.

James1954

Alice_Holt wrote: »

if you have to use a perching stool whilst preparing food,
if you have to sit in the shower or have rails to hold onto,
if you have a raised toilet seat or rails to help get off the toilet,
if you have a grabber to help put on socks/shoes etc.

well I have all those things supplied and fitted free by the NHS as I put on my ESA 50 including photos and told the Assessor about at my Assessment when she asked about them. Yet still got 0 points

Alice_Holt

Just a thought.
If you have a copy of DWP paperwork showing that you were in the Support Group then copy this in with your MR letter.
To go from ESa SG to 0 points for a chronic condition indicates to me that the medical assessment was very badly flawed.

On what basis where you in the ESa SG? Not being able to walk 50 metres without significant discomfort? This might be relevant when making a PIP claim.

Another thought -
At some point it could be worth writing to your MP. It is just possible an intervention by an MP may cause the DWP to take your MR more seriously.

Alice_Holt

James1954 wrote: »

well I have all those things supplied and fitted free by the NHS as I put on my ESA 50 including photos and told the Assessor about at my Assessment when she asked about them. Yet still got 0 points

These would score points for a PIP award.
A Standard Daily Living award is c.£55 pw
If you can't cover 50 metres reliably and in a reasonable timescale without severe discomfort then a PIP mobility award (Standard) is c. £22 pw.

Do get some help from to CAB to make a PIP claim:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-pip-claim/how-to-claim/

The fact that the aids where supplied through the NHS would strengthen your claim.

poppy12345

Alice_Holt wrote: »

These comments (in bold) are not correct. You do not need the medical assessment report at this stage.
You have a time limit of one month from the date of the decision letter to ask for a reconsideration. Do not delay, write for an MR asap.
Proof of posting is preferable to recorded delivery.
Recorded delivery will delay the proccess (see https://forums.moneysavingexpert.com/discussion/comment/70586374#Comment_70586374 )

Seems like to me that you have some sort of an attitude! like i already stated in my first post that someone would correct me if i was wrong. No need to put a post again stating i was wrong. Some people need to take lessons in attitudes..........this is the exact reason why i don t often comment on anyones post!...end of post!!

Alice_Walker

When I told her I couldn’t do the exercises due to severe pain she said ‘so you are refusing to do it’ as though I was a drunk driver refusing a breath test.

I can understand that you would not want to attempt something that would cause you pain, but the assessor cannot give an opinion without seeing you at least try. If not you could have anybody going in and saying "can't do that" - they can't simply take your word for it.

The key issue you have in getting a successful claim is the lack of medical evidence. You will need to pay for a doctor's report but this is money very well spent if it gets you the correct award. GP's charge between £15 and £50 for a report, usually towards the lower end of that scale - which you would recoup in a matter of days once your claim is successful. Also it is not taking the GP away from his NHS work, reports are done in time allocated for private work.

Alice_Holt

poppy12345 wrote: »

Seems like to me that you have some sort of an attitude! like i already stated in my first post that someone would correct me if i was wrong. No need to put a post again stating i was wrong. Some people need to take lessons in attitudes..........this is the exact reason why i don t often comment on anyones post!...end of post!!

Indeed, you did ask for clarification as to if your post was factually incorrect. I supplied that clarification. I'm sorry that you seem to have taken it as a personal affront that I corrected those inaccuracies.

The reason I wanted to make clear that your (otherwise helpful) post contained inaccuracies is that:
- the appeal proccess has a prescribed process;
- stcrict deadlines apply;
- information is readily available on the internet which (I think) posters could check before posting misleading and incorrect "facts".

I'm sure you would have felt dreadful, if anyone actually followed your advice and then found their appeal had been terminated as a consequence.

You are right Poppy - I do have "some sort of attitude" . Benefits Advice is crucial to many people. Misleading posts on this forum have the potential to do great harm.

Please accept that I'm not saying that your post was unhelpful or misleading. This is not intended as a personal criticism towards you. I wanted to follow up on your comment that "I'm sure someone will corrct me" and make sure this was clearly visible.
Can I therefore suggest you edit your post to take out the inaccuracies (if you haven't already done so). The rest is really helpful to the OP.

Best Wishes.