PIP Points doesnt match decision makers reasoning

Hi
My husband has just recently gone over from DLA to PIP and after his medical 3 weeks ago we have just received the decision which awards him standard daily living and standard mobility. We are sending a mandatory reconsideration as we believe he should of been given the enhanced for both.

However when ive read the decision makers reasoning it says :

"You have difficulty moving round. I agree you have difficulties. You state on the form you are able to move less than 20 metres. This is consistent with your medical history, your description of a typical day, the available evidence, healthcare professional observations and the findings of your musculoskeletal examinations"

Yet on the points awarded it says :

"You can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. This gives you a score of 10."

My husband doesnt use an aid or appliance and this was stated on the form and also at the pip assesment.

Is this not a contradiction? Would this be enough to warrant an appeal in itself?

Thanks for your help

pinkcupcake wrote: Hi
My husband has just recently gone over from DLA to PIP and after his medical 3 weeks ago we have just received the decision which awards him standard daily living and standard mobility. We are sending a mandatory reconsideration as we believe he should of been given the enhanced for both.

However when ive read the decision makers reasoning it says :

1. "You have difficulty moving round. I agree you have difficulties. You state on the form you are able to move less than 20 metres. This is consistent with your medical history, your description of a typical day, the available evidence, healthcare professional observations and the findings of your musculoskeletal examinations"

Yet on the points awarded it says :

2. "You can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. This gives you a score of 10."

My husband doesnt use an aid or appliance and this was stated on the form and also at the pip assesment.

Is this not a contradiction? Would this be enough to warrant an appeal in itself?

Thanks for your help

Hi pcc,

Welcome to Benefits and Work

The two statements that I have marked 1. & 2. do seem to be contradictory.

At statement 2. the DM has reiterated the wording verbatim of Descriptor :

"d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points."

Of the "Moving Around" Actvity, as seen on Page 58 of our : PIP Claims Guide. (2nd Link on page)

However at statement 1. The DM seems to be stating that he agrees that hubby fulfils :

"e. If you can stand and then move more than 1 metre but no more than 20 metres either with : no help ; or with an aid or appliance; or with supervision, prompting or assistance from another person you get 12 points."

Although I note that The DM doesn't mentions the use of "aids" in statement 1.

The use of aids would be taken into account, if it was reasonable to assume that an aid could be used, with both d. & e.

So you could query those two statements.

Maybe The DM is stating that even though hubby could not walk any more than 20 metres "unaided" he could walk up to 50 metres "aided".

The DM could only make this assumption if was reasonable to do so, if hubby did not normally use an "aid" to walk.

I am afraid whatever the grounds are you must go through The MR Process with The DWP before you can move forward to the appeals stage with The Tribunal Service.

Although you can point out and query such statements, it is important to clarify and reiterate how and why he cannot walk no more than 20 metres aided or unaided as that is the wording of the Descriptor.

Remember, to be assessed as being able to acrry out this Activity, or any of the others, he must be able to do so "Reliably" for the majority of the time. (>50% of the time)

This is all covered in our PIP Claims Guide from the blue link above.

You have one month from the date of The PIP Decision Notice letter to make your written request for The MR.

See :

PIP Appeals

Mandatory Reconsiderations Explained

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

&

Sending Documents to the DWP.

You should be aware that when you request an MR, there is some risk of his current awards being reduced, as both the awards will be looked at afresh.

bro58