PIP Claim - MR Declined

GaryMcEwan72

HI all, just looking for a bit of advice in relation to a PIP claim that I had recently submitted and just got the MR through to say that again the claim was denied.

To cut a long story short, I've had severe asthma for over 20 years and been in hospital more times than I care to think about. I'm on a concoction of inhalers and also tablets for my asthma. I was advised by Occupational Health Doctor on the basis that I am disabled as per the protected characteristic within the Equality Act 2010. My own doctor and the OH doctor provided reports in relation to this and outlined how severe my asthma was.

Points wise, I scored, 2 points for living needs and 4 points for mobility needs. My OH Doctor is somewhat appalled, as she has specifically put in the report that I am disabled under the EA 2010.

I submitted the MR as the assessor missed out crucial bits of info in what I had said to her and she contradicts herself on more than one occasion. I had also asked for an answer asking if the person who made original decision was medically qualified to make that decision and what training they've done in order to come to that conclusion, and got no answer.

So I'm assuming that the best place to take it now is the HM Courts and Tribunals for another look at it. Or does any one think that I could go down any other avenue, as my OH doctor thinks potentially that DWP have either intentionally or unintentionally breached the Equality Act.

Cheers.

[Deleted User]

Being disabled, under the equality act or not, is not what awards PIP. You need to get points based on everyday activities. If you don't get the points you don't get an award disabled or not.

pmlindyloo

You will need to appeal this decision if you feel you meet the descriptors and/or should have more points awarded.

In view of your chronic asthma I am wondering whether you need to concentrate on your ability to carry out the activities in the descriptors in comparison with the 'average person'.

The PIP assessment guide says:

Choosing descriptors
1.8.4 For each activity area, the HP should use evidence to choose one descriptor which best reflects the claimant's ability to carry out an activity, taking into account whether they need to use aids or appliances and whether they need help from another person or an assistance dog.
1.8.5 Before selecting a descriptor, the HP must consider whether the claimant can reliably complete the activity in the manner described in the descriptor, taking into account whether they can do so:
safely
to an acceptable standard
repeatedly
in a reasonable time period
1.8.6 The HP must also take into account that most health conditions or impairments can fluctuate over time. The HP should consider ability and fluctuations over a 12 month period to present a coherent picture.
1.8.7 For a scoring descriptor to apply, the claimant’s health condition or impairment must affect their ability to complete the activity on more than 50 per cent of days in the 12 month period. Where one single descriptor in an activity is likely to not be satisfied on more than 50 per cent of days, but a number of different scoring descriptors in that activity together are likely to be satisfied on more than 50 per cent of days, the descriptor likely to be satisfied for the highest proportion of the time should be selected.

I would strongly advise you to seek help from CAB/welfare advisor with your appeal.
It might also be a good idea to keep a diary of your days detailing the difficulties you experience in relation to the descriptors.

GaryMcEwan72

Perfect. DWP sent me out the report of what the assessor had sent back to them, and when I phoned the PIP Enquiry Line, they were as confused as to why she wrote down one thing, then something completely different in the descriptors.

I've got my Trade Union rep looking into it also via their legal team to get more information and advise.

Just to give you an example within the last 12 months, I was admitted to hospital on 4 occasions, given oral steroids at least 3 times, and was signed off work for a total of 67 days.

I've got a meeting with CAS in the next week so I'll run through everything with them.

Faith177

GaryMcEwan72 wrote: »

Perfect. DWP sent me out the report of what the assessor had sent back to them, and when I phoned the PIP Enquiry Line, they were as confused as to why she wrote down one thing, then something completely different in the descriptors.

I've got my Trade Union rep looking into it also via their legal team to get more information and advise.

Just to give you an example within the last 12 months, I was admitted to hospital on 4 occasions, given oral steroids at least 3 times, and was signed off work for a total of 67 days.

I've got a meeting with CAS in the next week so I'll run through everything with them.

The number of times you have been in hospital has no bearing on a PIP claim



You need to concentrate on the descripton sections and work out how your illness affects your day to day life in line with those points that is all they look at

marliepanda

GaryMcEwan72 wrote: »

Perfect. DWP sent me out the report of what the assessor had sent back to them, and when I phoned the PIP Enquiry Line, they were as confused as to why she wrote down one thing, then something completely different in the descriptors.

I've got my Trade Union rep looking into it also via their legal team to get more information and advise.

Just to give you an example within the last 12 months, I was admitted to hospital on 4 occasions, given oral steroids at least 3 times, and was signed off work for a total of 67 days.

I've got a meeting with CAS in the next week so I'll run through everything with them.

Whilst your asthma is clearly affecting you, you are approaching your PIP claim incorrectly. You need to look at how it affects you mobility needs and your care needs. What help do you need to get around and care for yourself due to your asthma?

There are many illnesses and disabilities out there which can cause you to be incapable of work completely, but not qualify for PIP.

poppy12345

GaryMcEwan72 wrote: »

Just to give you an example within the last 12 months, I was admitted to hospital on 4 occasions, given oral steroids at least 3 times, and was signed off work for a total of 67 days.

Regardless of how many times you've been signed off work or in hospital, these won't help you claim PIP.



Concentrating on the lies that may have been told in the report, also won't help you get awarded PIP.



Concentrating on how your conditions affect your daily life and how you fit the PIP descriptors will give you a better chance. A person can be disabled but the PIP descriptors don't apply to them, if they don't apply there's no award.



I agree with the others, getting help from someone who understands the descriptors and knows what they're doing will be a start.

w06

As above you're approaching this in an unhelpful way. Google PIP descriptors and look at what you would think you should have scored against the descriptors, there are no 'points' for being signed off sick, in hospital, on steroids, the points are for how it affects your activities of daily living and mobility.

You need to think about how it affects your ability to wash, dress, cook, communicate and walk not all of the things that you've talked about, they've nothing to do with PIP

calcotti

You should only highlight errors in the assessment report if you think the errors have resulted in mistaken conclusions being drawn about your ability to carry out the activities identified in the PIP descriptors.

antrobus

GaryMcEwan72 wrote: »

So I'm assuming that the best place to take it now is the HM Courts and Tribunals for another look at it. Or does any one think that I could go down any other avenue, as my OH doctor thinks potentially that DWP have either intentionally or unintentionally breached the Equality Act.

...

Mmm. How can I put it?

Your OH doctor is an idiot.

As others have pointed, out PIP is awarded on the basis of a functional assessment of the things you can and cannot do. It is perfectly possible to be 'disabled' and get zilch.

Newly_retired

https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/pip-9-table-of-activities-descriptors-and-points.pdf

Couple this with the advice given in post 3 above, to determine whether you meet the descriptors and how many points you should score.

Use this information to explain why you consider you should have been awarded PIP and attach it to your SSCS1 form and send it to the Tribunals Service. Do not delay as it needs to be there within one month of your MR. Don’t forget to include a copy of your MR Notice.