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Mobility element of PIP conundrum

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10 years 7 months ago - 10 years 7 months ago #125095 by Cash1204
Mobility element of PIP conundrum was created by Cash1204
I've been awarded basic rates for both elements of PIP which is great. However I am at a loss to understand why I didn't get the enhanced rate for the mobility element.

I have severe degenerative disease of the spine and can barely walk, when I can walk its with a stick and I am always in pain which even morphine and the other painkillers I am on doesn't touch. I am housebound and rely 100% on my partner if I am to go out. I was assessed as being able to walk over 50m but is never pain free and never without an aid as I have no feeling in my left leg. I had hoped to be assessed as being able to walk up to 20m as this is more realistic on a day to day basis.

I didn't score any points for planning and following a journey as this relates to my mental state apparently rather than any ability to decide to go out and know where I am. I am trapped in my home, have lost my independence and am back on antidepressants and have no actual desire to plan or follow any journeys at the moment!

Anyone got any ideas? I was told when I queried the decision that I could submit a 'change of circumstance' letter but if this is going to taken another 6 months to be processed then I will be barking mad!
Last edit: 10 years 7 months ago by .

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10 years 7 months ago - 10 years 7 months ago #125106 by
Replied by on topic Mobility element of PIP conundrum
Hi,

Welcome to Benefits and Work :)

If your forum name is also your real name, you may wish to change it to maintain some anonymity.

This can be done quite easily by following the instructions on this FAQ :

My full name is showing, how can I stop it?

If you wish to challenge the PIP award, you have one month from the date of The PIP Decision Notice letter to do so.

This is done in the first instance by requesting a Mandatory Reconsideration (MR) of the decision.

You can do this over the phone, but we strongly recommend that you back up any verbal request in writing, making it absolutely clear that you are formally requesting a Mandatory Reconsideration.

If you haven't already done so, have a read through our : PIP Claims Guide. (2nd Link on page)

You could also take our : PIP Self Test scoring yourself very tightly to see what you score.

The first thing to consider is how "safe" you current PIP awards are. If you only scraped in on The Standard Awards, you would have to assess the risk involved with having the awards looked at again.

If you attained the awards with room to spare, then there may not be so much risk.

Re : MR/Appeals, there are PIP/MR Appeals Guides on this page :

www.benefitsandwork.co.uk/help-for-claimants/pip#appeals

See also :

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

You might want to Bookmark/Favourite this page in your browser, that way, you can return to easily to pose any further queries.

bro58
Last edit: 10 years 7 months ago by .

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10 years 7 months ago - 10 years 7 months ago #125224 by Cash1204
Replied by Cash1204 on topic Mobility element of PIP conundrum
Thanks for the info.

so, when I received my letter I immediately phoned to ask to speak to the decision maker as I had some queries about the scoring and some of the comments made in the report which were inaccurate. I was promised a call back within 5 working days but it was 5 WEEKS before anyone returned my call despite regular promoting from myself. The person I spoke to explained the 'going out' criteria and why I didn't score any points. They said that I could write and send in a letter detailing changes in circumstances as my condition has deteriorated.

So, I am well over the 4 week deadline for appealing but that delay is due to DWP being very tardy non getting back to me. So, did the 'clock stop' while I was waiting for the callback?

I've also read elsewhere on the forum about similar issues with the interpretation of the going out criteria. Basically, without my partner I can't go out at all and I can't get to the shops, postbox, pub, bus stop, etc, anywhere in fact, and rely on them driving me everywhere. Taxis are a non starter due to living in a rural area which apparently doesn't matter to DWP. I also have a history of depression and have gone back onto medication since becoming disabled. Would this carry any weight as to be honest I find it hard to cope with having lost my independence completely. Why do I want to plan a journey when I can't go out?

Incidentally I have degenerative spinal disease yet was assessed by a paramedic! Is this appropriate?
Thanks
Last edit: 10 years 7 months ago by Gordon.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 7 months ago #125225 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Mobility element of PIP conundrum
Both the companies ( Atos & Capita) who carry out PIP medicals now use as well as doctors, physiotherapists, nurses,occupational therapists and paramedics to carry out face to face assessments.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 7 months ago #125228 by Gordon
Replied by Gordon on topic Mobility element of PIP conundrum
Cash

Your first action should be to request a Mandatory Reconsideration from the DWP, although you are outside of the normal one month to do this, there should be no problem with you making a late request I would certainly mention in your letter that you have only just received the phone call from the Decision Maker.

Whilst activities must be done reliably and it can certainly be argued that that the availability of an aid such as a taxi or your husband to drive you at the times that you need them to be available is a factor, it will be only one of a number of a number that the Decision Maker will look at. The two Descriptors available (that are not specifically worded for mental health issues), require you to show that you cannot follow a route to either an unfamiliar or familiar place, I think it reasonable to assume that this consists of two elements; the ability to physically follow the route, which you and others who have posted would have problems with and the ability to navigate the route, which from your post you would not have a problem with. Unless you can bridge this gap, I think you will struggle to score points for the Going Out Descriptor.

From your post, Reliably is certainly applicable to how far you can walk, if you are in pain despite your pain killers whenever you walk then this should have been a factor in deciding how far you should be considered as being able to walk, you should concentrate on showing that the assessors and DM's view is incorrect, wherever possible by referencing your medical evidence.

PIP assessors are required to undertake and pass DWP approved training before they are allowed to assess claimants and even then are subject to scrutiny by their employer and the DWP as to the accuracy of their reports.

Gordon

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