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re: planning and following journeys

  • teabag
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10 years 9 months ago #123893 by teabag
re: planning and following journeys was created by teabag
Hi I am thinking of using this in my appeal or does it not apply because the date is after my assessment date and decision dated teh 19th May, 2014.
Also can I use any update dated after 19th May, 2014 for my submission
many thanks

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10 years 9 months ago - 10 years 9 months ago #123894 by Gordon
Replied by Gordon on topic re: planning and following journeys

teabag wrote: Hi I am thinking of using this in my appeal or does it not apply because the date is after my assessment date and decision dated teh 19th May, 2014.
Also can I use any update dated after 19th May, 2014 for my submission
many thanks


You can only use evidence that relates to the time of the Decision that you are challenging, any information that relates to how your condition is after this date will not be considered by the DWP or a Tribunal if it goes that far.

There is no specific reason why you cannot introduce information in regard to planning and following a journey but you will need to show that you were suffering from problems in this area at the time of the assessment and if this was not originally included on your claim form, you will at the very least need to explain why, it is possible that the DWP will choose to ignore any new information on the basis that it was not supplied previously, a Tribunal may take a different view, but I would at least expect them to question why it has been added.

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Last edit: 10 years 9 months ago by Gordon.

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  • teabag
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10 years 9 months ago #123897 by teabag
Replied by teabag on topic re: planning and following journeys
Thanks gordon I didn't get any mobility for pip as assessor stated that I only needed prompting despite tribunal decision notice dated january 2014 stating that I needed someone with me.
Also I disputed the assessors report and the fact that she wouldn't take addiditional evidence I gave her on the day DWP in their response for the MR said i would have to take it up with Atos. So do i need to complain tho Atos about the assessment and is it likely to help with my appeal.

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10 years 9 months ago #123898 by Gordon
Replied by Gordon on topic re: planning and following journeys

teabag wrote: Thanks gordon I didn't get any mobility for pip as assessor stated that I only needed prompting despite tribunal decision notice dated january 2014 stating that I needed someone with me.
Also I disputed the assessors report and the fact that she wouldn't take addiditional evidence I gave her on the day DWP in their response for the MR said i would have to take it up with Atos. So do i need to complain tho Atos about the assessment and is it likely to help with my appeal.


It depends on the nature of the complaint but is important to remember that even if ATOS withdrew their report (I don't this is likely), it will not win you your appeal, this will only happen by you showing the you meet the criteria for PIP sufficiently for an award, so you need to concentrate on showing that this is this case. discrediting the assessment report is important but should be a secondary consideration.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 8 months ago #124656 by EDM
Replied by EDM on topic re: planning and following journeys
I had a home assessment today for my pip and don't know if I stressed enough the difficulties I have planning journeys. I said I use a Tomtom for journeys I don't know. Is this considered a directional aid? The assessor then asked if I could read a map and i said yes. Although I can read a map I didn't say it hat it wouldn't help me in my journey. Have I made a mistake?

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10 years 8 months ago #124657 by Gordon
Replied by Gordon on topic re: planning and following journeys

Marion wrote: I had a home assessment today for my pip and don't know if I stressed enough the difficulties I have planning journeys. I said I use a Tomtom for journeys I don't know. Is this considered a directional aid? The assessor then asked if I could read a map and i said yes. Although I can read a map I didn't say it hat it wouldn't help me in my journey. Have I made a mistake?


As a general rule, a claimant needing to use a an aid or appliance should expect to score higher than one that can achieve a task without the need of one.

Satellite navigation units are not specifically defined as an aid or an appliance (I think they fit the latter category better than the former), but that does not mean that they cannot be excluded from being considered as such, however, you may have diminished the value of your using one by stating that you can read a map.

That said, there are multiple issues in this area as PIP looks at a claimants ability to plan and execute a route, both a satellite unit and a map have advantages and disadvantages to their use, which depending on the claimant may influence their ability to use them effectively.

For better or for worse the statements have been made, you need to wait for a Decision to be made on your claim before you can take any further action, if indeed you need to.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: EDM

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