PIP denied, advice needed about appeal please

ab48uk

My Mandatory Reconsideration was turned down, so I went to an appeal hearing. This was very successful with a maximum award of points in both categories. I provided a letter from my GP but it was responses from my Occupational Therapist and Carer that swung it.

Brook89

antrobus wrote: »

It's a mild opiate. It is what it is. You don't get PIP points for taking one painkiller as opposed to another.

So why are you telling us that you can walk 800 metres?

First of all I know it doesn't matter what painkillers I take but my point was Codeine is NOT the lowest form of painkillers like the assessor said, and frankly if it doesn't matter why did she feel the need to mention it then...

And I didn't say I COULD walk 800 meters, so why are you twisting it just to be awkward!! They ask how far you can walk before needing to rest, I told them how far so obviously I cannot walk 800 meters with no problems can I.... I can walk no further than 20 meters without needing to rest, therefore I CAN'T walk 800 meters solid which is what the assessor claims I can do and I didn't say I could to you either. I can walk 20 meters max then I need to rest and then I'd have to start again! Is that clear enough now...

Tommo1980 wrote: »

It was a big mistake not including medical evidence. Ideally you should be providing letters/reports from medical professionals that support what you are saying on the application form, relevant to the descriptors.

It wasn't my mistake though!! I provided ALL information needed for them to contact my GP and Consultant and they chose not to... I was not told I needed to provide letters and medical evidence, and based on the ESA assessment I thought the PIP assessors would have all the same information the ESA assessor did, I wasn't to know was I.... I hate people that try to make out I was in the wrong not sending that evidence in when I wasn't
.

naturaljazz

Hi- Understandably you are upset at the DWP decision, but rest assured the posters on here are not twisting things, they are picking up on what is initially written and pulling it apart as it is crucial for your understanding of the descriptors for PIP. It is a very complex benefit to claim and the people posting here are to be frank at the moment your best bet of getting any support to go forward. You may not like what is being said, but that is not the point at the end of the day. People here taking time out to give you their vast experience is like striking gold... so read over the replies again and pick out what will help you and go with it. Good luck

lemontart

major hugs, sadly it is all to common for the 30k plus bonuses heatlh professionals to lie and put complete false hoods on the their report. Mine made similar claims as do many others - with one person who is a paraplegic suppossedly walking up stairs and another who was able to drive a manual car when no licence and no car !

antrobus

Brook89 wrote: »

First of all I know it doesn't matter what painkillers ...

Which is perhaps the point the assessor was trying to make.

Brook89 wrote: »

...And I didn't say I COULD walk 800 meters, so why are you twisting it just to be awkward!! ...

Yes you did. You said;

Brook89 wrote: »

... I can't walk any faster than at a snails pace due to the tumour on my right leg which is a very large mass which affects my ability to walk and what used to take me 10 minutes (walk to my local shop) now takes 45 minutes....

As I have pointed out; average walking speed is 5km/hour; so a 10 minute walk is 800 metres plus. A quick bit of mental arithmetic gets you there.

You reference to "now takes 45 minutes" would imply that you have actually done it. And if that's what you told the assessor, I can understand why you were denied the mobility component. The problem is that nobody but you has any idea of what exactly you told the assessor; we can only go by what you post.

When you take your claim to appeal, you need to understand the descriptors and make sure you case addresses them

poppy12345

Quote..
It wasn't my mistake though!! I provided ALL information needed for them to
contact my GP and Consultant and they chose not to... I was not told I needed to provide letters and medical evidence, and based on the ESA assessment I thought the PIP assessors would have all the same information the ESA assessor did, I wasn't to know was I.... I hate people that try to make out I was in the wrong not sending that evidence in when I wasn't


It was your mistake. It clearly states on the forms what evidence to send. They almost NEVER contact any medical profesional regarding evidence. This is the clamiants responsibility. ESA and PIP are completely different benefits so they wouldn't even look at the ESA claim for evidence. Codeine Phosphate 30mg is an opiod used to treat mild to moderate pain. I know this because i used to take this myself. When asking for the MR you'll need to send in all the evidence you can get.

Tolly_T

As I have pointed out; average walking speed is 5km/hour; so a 10 minute walk is 800 metres plus. A quick bit of mental arithmetic gets you there.

You reference to "now takes 45 minutes" would imply that you have actually done it. And if that's what you told the assessor, I can understand why you were denied the mobility component.

The reliability criteria should have been considered. Assessors seem to often ignore this but they shouldn't.

If an individual cannot reliably complete an activity in the way described in a descriptor then they should be considered unable to complete it at that level and a higher descriptor selected.

and reliability includes

In a reasonable time period – no more than twice as long as the maximum period that a non-disabled person would normally take to complete that activity.

It may be that the assessor simply didn't believe what was said with regards to 45 mins instead of 10 mins but I think reliability is something to focus on if your walking is always that slow.