PIP mandatory reconsideration letter

Alice_Holt

Looks good to me. Just a few points.

I think you need to be clear on what you want to achieve.
You have scored at least 8 DL points to have been awarded the standard rate. To get the Enhaced rate you need 12 points.
Do you think you should have got the DL Enchanced Rate?
If so you should concentrate on the additional points (and descriptors) you believe should have been awarded to get from 8 to 12 points.
Something like " In addition to the X points awarded I also have difficulties with ....

....." Or if you think the wrong descriptor has been picked for a particular activity " I was awarded only 2 points for [descriptor] as I use aids to help me, but I do need physical assistence with this as I cannot do it safely on my own for the majority of the time, so I think the correct award for this activity should be 4 points......" For Moving around you could write something like " I am very unsteady on my feet so have the aid of a walking stick. Because of the pain from my spine (even with the use of a walking stick) , I cannot reliably walk more than 50 metres without stopping due to severe discomfort. I then have to stop and wait for the pain to ease before I can continue." Because the DWP so rarely amend an award at MR stage, I think you should get this in within the time limit. The MR has become just a process to go through in order to have a tribunal hearing. Just be aware that the DWP will reveiw the whole award, so there is a risk (albeit small) they could reduce the current award. The real work will start at the next stage when you appeal to the tribunal service. So attend the CAB appointment, and ask them to go though the appeal process with you and to help you with this. This is a useful guide:

http://www.advicenow.org.uk/guides/how-win-pip-appeal

Descriptors and points:
http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

Here is an MR pro-forma:
https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

annabella123_2

I have spent most of this morning amending the letter. Would you please take one last look at this before I get it sent later today ( I really need to get it out as it's causing me a lot of stress)


Request for Mandatory Reconsideration
I am writing to ask you to reconsider your decision dated 11-09-2016 about my Personal Independence Payment claim.

I have Slipped disc and trapped nerve and anxiety and hearing loss and incontinence.

I have a slipped disc and trapped nerve which makes it rather difficult for me to get around I am having to use a walking stick at the age of 30, I am currently awaiting a facet joint injection. I have had a change in medication since my assessment I am now taking morphine.
If I get to the nearest car park to work and there are no spaces I have had to drive home and call in sick as I am not able to walk from any further car parks. I am not able to drive my own car as it is too low I have to drive my husbands car as it is a 4x4 which is easier to get into.

I have been off sick from work on many occasions which I am now facing formal action from work as my sickness is not something they can sustain (please see enclosed letter from work) I suffer from severe anxiety I may not of shown this in my assessment due to being on a lot of anti anxiety medication. I have gone long periods of time without leaving the house due to anxiety and also the extreme pain I am in.

I have to use hearing aids to be able to hear people properly without these I am unable to communicate. I do lip read but sometimes I'm not able to do this if someone talks really quickly. I am incontinent due to the trapped nerve in my back so I am not always able to notice when I've wet myself. I have to carry around incontinence pads and spare underwear.

Pregablin 300mg x 2 daily - Neuropathic pain, general anxiety disorder
Nortriptyline 30mg 1 at night time- Treatment of depression
Tramadol 50mg 2x4 times daily - Pain relief
Morphine 10mg every 12 hours - Pain relief

Managing your treatment

I believe the decision did not properly take into account how my disability affects me. In addition to the 10 points awarded I also have difficulties with managing my medication. I need to use an aid or appliance to be able to manage medication or monitor a health condition. I have to use several pill boxes to ensure I have taken my medication. Before I purchased a pill box I sometimes forgot that I had taken my medication or didn't remember to take my medication therefore it causing issues with my health and I have also been in increased pain more than normal. Please see attached receipt for pill boxes. I feel that this was not taken into consideration and was scored 0 point out of 8 on my award. I think the correct award for this activity should be 4 points.

Washing & Bathing

I was awarded only 2 points for washing and bathing as I use aids to help me, with this as I cannot do it safely on my own. I think the correct award for this activity should be 4 points. I need supervision to be able to wash or bathe. I have to use grab rails when washing as I am very unsteady on my feet without my walking stick. I have to use my in-laws showers as they have ones you step into mine is over the bath. As you can imagine this is embarrassing I have to use it when they are available and also someone sits outside the door to make sure I'm okay.

Managing Toilet Needs

I need to use an aid or appliance to be able to manage toilet needs or incontinence. I have to use incontinence pads because I wet myself without knowing. I have to carry pads and underwear with me constantly for when it happens.

Dressing & Undressing
.
I was awarded only 2 points for dressing and undressing, I do need physical assistance with this as I cannot do it safely and pain free on my own for the majority of the time, so I think the correct award for this activity should be 4 points. I need assistance to be able to dress or undress my lower body. I am not unable to undress the bottom half of my body as I'm not able to bend that far down my husband has to do it. I am newly married and feel upset that my husband has to care for me in this way. I am not even able to put my own socks on.

Communicating

I need communication support to be able to express or understand complex verbal information.I have to use hearing aids to communicate with others without these it would be very difficult. I do lip read but this can be very hard if I am not able to see someone face to face or if someone talks really quickly.

Mixing With Other People

I was awarded 0 points for mixing with other people, I do need help with this I would be lost without my hearing aids, so I think the correct award for this activity should be at least 2 points. I need social support to be able to engage with other people.I get very anxious in social situations where I don't know anyone. I tend to sweat badly and rarely look at anyone in case they decide to talk to me. My anxiety means I spend most of my time at home because I am scared of having to engage with people.

Making Budgeting Decisions

I was awarded 0 points for making budgeting decisions even though my husband deals with all of the bills and I am given £10 per day therefore restricting my spending, so I think the correct award for this activity should be 4 points. I need assistance to be able to make simple budgeting decisions. My husband deals with all the bills I am given £10 per day this has had to happen recently as I spent a lot of money on Jamberry nail wraps. This has to cover my parking which is £5 per day and lunch at work. I spend money because it makes me feel better. No one noticed how much money I had spent until the nail wraps was coming through the door.

Planning and following a journey

I was awarded 0 points for planning and following a journey. I cannot follow the route of an unfamiliar journey without another person or orientation aid. I get very anxious about going out.

I'm so worried about being late I'm often an hour or two too early. If I start at 9am at work I set off for work at 7am just so I can get a parking space. If I'm on a late shift at work then more often than not I have to pay £12 a day so I can park in the nearest car park otherwise I wouldn't make it into work and have to call in sick as all the other car parks are too far to walk for me even using my walking stick. If I'm going somewhere new I look on google streetview to look at the pavements to see how uneven they are as I have fallen over a few times. I have had some CBT Therapy so I have some coping mechanisms to help me. I also have to use a sat nav to help me get there as I get really anxious about getting lost and then being late. I think the correct award for this activity should be 8 points.

Moving Around
I am very unsteady on my feet so have the aid of a walking stick, Because of the pain from my spine (even with the use of a walking stick) I cannot reliably walk more than 50 metres without stopping due to severe discomfort. I then have to stop and wait for the pain to ease before I can continue. I am really unsteady on my feet without my walking stick it has to come with me everywhere which is really embarrassing for someone of my age. If I walk too far it causes me extreme pain and fatigue. I think the correct award for this activity should be 8 points


Thank you for reconsidering the decision.

bspm

Are you saying that you are trying to achieve 12 points and more for higher rate mobility payment but that you scored none? and that you are asking for a MR to achieve higher daily care too?

Is seems to me that your MR is loaded towards increasing the daily care component, If i am wrong then please forgive me.

As for the mobility award, you have difficulty walking due to a slipped disc, are you not having some type of surgery to correct this? A facet joint injection (of which I have many) are usually for pain management and to aid manoeuvrability so not sure they will correct a slipped disc.

But as a layman here I would be thinking along the lines that a slipped disc is repairable? I think a DWP decision maker would come to the same conclusion also, to qualify for the high rate mobility award you have to have had the condition for three months and expect to have it for a further nine months I believe? Will you still have this condition for a further nine months?

annabella123_2

bspm wrote: »

Are you saying that you are trying to achieve 12 points and more for higher rate mobility payment but that you scored none? and that you are asking for a MR to achieve higher daily care too?

Is seems to me that your MR is loaded towards increasing the daily care component, If i am wrong then please forgive me.

As for the mobility award, you have difficulty walking due to a slipped disc, are you not having some type of surgery to correct this? A facet joint injection (of which I have many) are usually for pain management and to aid manoeuvrability so not sure they will correct a slipped disc.

But as a layman here I would be thinking along the lines that a slipped disc is repairable? I think a DWP decision maker would come to the same conclusion also, to qualify for the high rate mobility award you have to have had the condition for three months and expect to have it for a further nine months I believe? Will you still have this condition for a further nine months?

Hi there thank you for your reply, I have had this condition for 2 years so it's not going to get any better, my first facet joint injection was on one side only my next one will be bi-lateral so both sides being done at the same time. They've said they won't operate on me until it's affecting my legs, plus I don't want them operating on me with the success rates they've given me.

They haven't considered a lot of factors into the daily care component like pill boxes, hand rails to get in and out of the shower, my husband having to help me ect.

Obviously the mobility section is only 2 questions I scored 4 points in the mobility section, I'm not able to walk 50 metres aided or unaided without stopping and being in agony. My memory is quite poor in sense of direction now so have to use a sat nav for most places surely that's classed as an aid too? I'm not sure what they're expecting out of me I'm not use to filling out forms and things like this they tend to stress me out badly

I hope that makes sense.

bspm

Hi

Yes it makes sense, as for the sat nav, it is not classed as an aid, if it were there would be many people able to claim lol.

I'm just not sure a slipped disc is something they may class as a permanent condition due to the fact that there is an operation that could be performed?

I started with facet joint injections in 2008, both sides, 4 either side of my L2-L5, we have now progressed to radio frequency ablation which is helping more than the facet joint injections.

I am in receipt of the enhanced rate mobility payment and daily care, I had to go to appeal for this as I was awarded standard rate first off. Only telling you this as I fractured my spine yet still had to fight to get the enhanced.

annabella123_2

bspm wrote: »

Hi

Yes it makes sense, as for the sat nav, it is not classed as an aid, if it were there would be many people able to claim lol.

I'm just not sure a slipped disc is something they may class as a permanent condition due to the fact that there is an operation that could be performed?

I started with facet joint injections in 2008, both sides, 4 either side of my L2-L5, we have now progressed to radio frequency ablation which is helping more than the facet joint injections.

I am in receipt of the enhanced rate mobility payment and daily care, I had to go to appeal for this as I was awarded standard rate first off. Only telling you this as I fractured my spine yet still had to fight to get the enhanced.

I'm not sure what they want from me mobility wise I'm 30 years old having to use a walking stick I can't walk very far as I'm in agony, you can see my medication above I wouldn't be taking all that if I was putting it on. Like I said earlier they won't operate on me until it's affecting my legs badly so what other option is there :undecided

It's took me 2 years to get to this stage, I am grateful that they've given me the standard rate of daily living but I really need the blue badge just so I can park a lot easier it's what I need, but I don't know what I need to say or do to be able to get one

bspm

annabella123 wrote: »

I'm not sure what they want from me mobility wise I'm 30 years old having to use a walking stick I can't walk very far as I'm in agony, you can see my medication above I wouldn't be taking all that if I was putting it on. Like I said earlier they won't operate on me until it's affecting my legs badly so what other option is there :undecided

It's took me 2 years to get to this stage, I am grateful that they've given me the standard rate of daily living but I really need the blue badge just so I can park a lot easier it's what I need, but I don't know what I need to say or do to be able to get one

To qualify for a blue badge through mobility you have to be unable to walk for more than 20 metres without being in pain. You have stated in your MR that you can walk 50 metres so do not think you will qualify that way.

My doctor filled in a form that was sent to her from the DWP stating that I could not walk 1 metre without being in pain let alone 20 metres.

I had a procedure on Monday on my spine, today is the first day that I have not worn a morphine patch and not needed Tramadol for probably three months so I know what you mean.

Edit

To qualify for a blue badge I am not sure you whether have to be in receipt of standard or enhanced mobility payment, I originally received my badge when I was on low rate mobility so I am not sure.

poppy12345

Only 1 box per descriptor can be ticked. If 2 boxes apply then i believe the highest points are given.

No, a sat nav isn't classed as an aid. There would be alot more people claiming for this if it was lol

8 points or more are needed in the "moving around" part to automatically qualify for a Blue Badge. However councils usually give an assessment to those who need one that don't qualify this way. It would certainly be worth you contacting you local council for a form. A note from your Dr supporting your need would help too.

annabella123_2

bspm wrote: »

To qualify for a blue badge through mobility you have to be unable to walk for more than 20 metres without being in pain. You have stated in your MR that you can walk 50 metres so do not think you will qualify that way.

My doctor filled in a form that was sent to her from the DWP stating that I could not walk 1 metre without being in pain let alone 20 metres.

I had a procedure on Monday on my spine, today is the first day that I have not worn a morphine patch and not needed Tramadol for probably three months so I know what you mean.

Edit

To qualify for a blue badge I am not sure you have to be in receipt of standard or enhanced mobility payment, I originally received my badge when I was on low rate mobility so I am not sure.

The only reason it say's 50 metres is because it's one of the questions they don't ask 20 metres. I'm in a hell of a lot of pain all the time never mind walking 20 or 50 metres lol. You will understand with back pain especially you can't put yourself anywhere sitting or standing. I can't wait for the next lot of facet joint injections.

I'm currently off sick from work and have a stage 1 options meeting coming up because I'm off sick I can't do right for doing wrong I'm trying hard to go to work but I'm seriously struggling now. I can't afford to give up work my wages just about cover the monthly bills my husbands wages helps us live day to day.

Should I get my doctor involved see if they would write to them too?

poppy12345

annabella123 wrote: »

The only reason it say's 50 metres is because it's one of the questions they don't ask 20 metres. I'm in a hell of a lot of pain all the time never mind walking 20 or 50 metres lol. You will understand with back pain especially you can't put yourself anywhere sitting or standing. I can't wait for the next lot of facet joint injections.

I'm currently off sick from work and have a stage 1 options meeting coming up because I'm off sick I can't do right for doing wrong I'm trying hard to go to work but I'm seriously struggling now. I can't afford to give up work my wages just about cover the monthly bills my husbands wages helps us live day to day.

Should I get my doctor involved see if they would write to them too?

In your MR above you state " you can't reliably walk more than 50 metres without being in pain and discomfort" but now you're saying you can't walk 20 or 50 metres. This to me sounds like you're contradicting yourself and i'm not being nasty here, i'm trying help. What you should put on your MR is how far you CAN actually walk. Meaning if you can only walk 1-2 metres then put this. Good luck.