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PIP appeal

I have previously posted this on another forum and I’ve been advised to use this one - can anyone give me advice as follows:

I’m seeking advice about claiming for PIP. My wife suffers from MS and whilst she is still mobile, she trips up all the time and now hates going out on her own for fear of falling. This has been ignored by the PIP assessment and I’m appealing. Does anyone have any experience of the appeal and does anyone have further information about mental incapacity associated with MS.### Thanks

The challenge is that with absolute caution Maggie can walk more than 20 metres; however she can also trip over at any moment and in the past 3 weeks has:

Fallen down our stairs at home - splitting her head

Fallen down the stairs at the cricket club whilst watching grandchildren, breaking her wrist and smashing her face

Tripped in the kitchen - no damage thankfully.

She has also spent an evening in A&E having temporally lost the use of her left leg - unable to move (we think a relapse) but have no confirmation as yet.

We are keen to find fellow sufferers and campaign jointly.

Hi, I’m currently going threw this same problem with PIP after being awarded the enhance rate for daily living n standard for mobility twice since being diagnosed in 2014 they have now awarded me nothing even though I still suffer with the same difficulties :(. I’m trying to gather as much evidence as possible at the moment to ask for a mandatory reconsideration but have been advised on here that nothing ever really seems to change at this point so will probably end up appealing. It is appalling that we have to fight tooth and nail for what we deserve because our condition is so complex and affects each person differently, it has become apparent that there is very little awareness around MS by people who assess us and also the people who make the decisions on their reports. This is very concerning and needs to be changed! I will give you the advice that I have been given which would be to gather as much evidence as possible from all the professionals involved in your wife’s care this would include any reports of her falling, trips to a+e etc along with letters from MS nurse or neurologists reports! I wish u both the best of luck! Laura

yes the mandatory reconsideration just means that you will have to fill another one of those mammoth forms in. mine came back that their original decision still held. my welfare rights advisor told me to write back saying that i believed they’d got it wrong. the result was that my case would go to tribunal. with all the stress and loss of my car i was unable to sleep and felt so poorly that i phoned my welfare rights lady to say that i couldn’t face going to the tribunal. she said that with my permission she would be able to go on my behalf. she also requested that the hearing be on paper only. end result was that my enhanced benefit was restored. the same damn answers with the same bleeding evidence that the DWP turned down twice was accepted by the tribunal. the tribunal has nothing to do with the DWP. so fight for your wife’s benefit. don’t be afraid of a tribunal. good luck!

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Hi cant help with the appeal, but like catwomen said i would follow that.

I am more concerned why she is tripping, has she been checked for FOOT DROP? She needs to be assessed by your local occupational therapist for grab rails and safety on the stairs.

I would be concerned about her suddenly falling down stairs.

To me the main issue is safety, and i would talk to her GP to find out why. It does sound like foot drop where her foot is not lifting high enough and she trips.

Perhaps also she needs to have a tri walker in the house to use so if she does trip she is holding onto it.

the rest I am sure you will be able to get it sorted. Has she had an OT assessment as this would have highlighted her issues before the PIP application was sent in, but if you do it now it should help. I found with PIP you had to have PROOF of indpendance and issues. PIP and DLA are nothing alike.

good luck i am sure you will the appeal but for me your wifes safety is at risk.

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Hi Chris,

so sorry to hear about the problems you and your wife are having.

You need to get expert advice for an appeal but do look into the safely and reliably element regarding the mobility section.

Did you supply a GP letter on this or a Care Plan which includes a ‘falls prevention assessment’?

If you just read the descriptors without the guidelines as well it can often appear that the person applying may get 0 or low points,however amongst the guidelines which the dwp should follow it says something along the lines of “if the person can not carry out the task safety, reliably and repeatedly they should be deemed to not be able to do it” So in your wife’s case I think due to risk of falling she can’t be deemed to walk 20m so scores max points for the walking task(proof of injury and hospital admission available?).

I can only concur with the point raised by OI73 above, it is my understanding that the safely, reliably and repeatedly are main factors that the DWP should be taking into account. I can walk 20m, I don’t appear to walk as a non MS person would walk, I am uncomfortable, I am anxious about falling the whole 20m, I use an elbow crutch all the time and if I do it once I can certainly not repeat the task for at least 20 minutes. This is what I made clear to DWP on my PIP return, still waiting to hear what they have to say. The Safely, reliably and repeatedly bits to me are the crucial bit we all need to state, and also this should be on a bad day rather than the average day. Best of luck charlie

You can always reapply for PIP at anytime and supply more medical assessments from your OT or physio and Care Plans or GP letter etc.,. which state your walking difficulties.

An assessment from NHS Wheelchair Services is important. Have you got one?

Better to do this than go for MR. MS is a degenerative condition.

Just a quick update really - I have finally been sent a date for Tribunal in respect of my PIP application. Date given is 01/08/18. Original application for PIP feels to have been made an age ago! I have been retired on grounds of ill health since then.

Since applying for PIP I have been granted a Blue Badge and am currently awaiting Disabled persons bus pass. The original decision re PIP scored me 4 points for mobility!! They were the only points given for anything!!

The descriptors safely, reliably and repeatedly are what I should emphasise when passing my evidence to HMRC for the Tribunal- my own fault really for not making that clearer in my face to face PIP assessment. I can however show the burns and scalds on my arm (done while trying to make coffee and toast) to the Tribunal members when I am there in person - these were not even acknowledged by the ATOS assessor at all and are still visible.

It has taken me too long to acknowledge for myself the amount of things I can no longer do safely, reliably and repeatedly!

PS just gone back in to post to reinstate sentences I “lost” when posting

  1. had fall in our kitchen recently - don’t know how, just that I was upright one minute and flat out the next!
  2. I avoid going out alone these days - i can trip on “fresh air”
  3. I believe the mental incapacity associated with MS is underestimated (or EVEN WORSE NOT BELIEVED)
  4. I would advise you to see your local disability group. My local DAG will hopefully have somebody to attend Tribunal with me. In hindsight I wish I had contacted them for help with original application.
  5. MS nurse would also be a good person to get advice & support from

Hope all goes well with your claim.

Hello, I have no experience of the appeal process, only just submitted my application form for the first time. The only new bit of information is to contact your local CAB office. They want to help you get the benefit you are entitled to receive and genuinely want to help… It is difficult to answer the form because you have to give your worst scenario and it is very difficult to remember the worst you have been. I ended up doing it on a Word document Good luck Patrick

Hi all - had my PIP tribunal this afternoon. Got awarded standard care and standard mobility. All I was asking for at the outset! DWP will now have to pay me this from the date I applied - seems like an age ago. The rep from DAG who came with me was pushing for higher rate mobility (that would be as I am now not at time of initial application). If only the ATOS assessor had been straight at the outset a lot of stress and cost to the public purse could have been avoided!!

Many thanks to those who have offered advice and support.

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Hi Barbiesue and thank you for updating us! I’m so glad you got a positive outcome but yes it is a shame about the whole process we have to endure in the meanwhile! All the best and take care! Laura

Hello,

There are 3 important questions you must think about then answering any of the PIP questions.

  1. Repeatedly, ie can your wife walk 20 metres or 50 metres repeatedly, I assume this implies only a short rest in

between

  1. Safely, ie can your wife can the distance safely

  2. Acceptable manner, ie can you walk the distance in an acceptable manner

I know it is difficult but always look back and think of the worst scenario. I had my interview yesterday and it took me 3 hours to get up and dressed that morning because I was having a terrible day. Usually it takes about 45 - 55 minutes. Some evenings after my evening meal my limit is 15 metres so the answer to walking distance is less than 20 metres

It seems like you have achieved a result, well done. I had my face to face interview yesterday so I am in ‘limbo land’ but at least I am still receive DLA

Patrick