× Members

Desision maker used ability to drive to disallow points

More
3 days 20 hours ago #313338 by helen419
I have just had my pip review. Nothing earth shattering. Maintained standard care/enhanced mobility as have done for many years. I only had a paper review which was great but the Points given seemed a copy and paste from last couple of reviews despite significantly more medical evidence and also a diagnosis of AUD and combined ADHD. I would have expected to score in a couple of other descriptors, ones they have always ignored in the past. I always get a 3 year review, this award was due to expire in nov 26 but i sent back my forms in march 26 and was awarded the same month so basically a 2 and a half year award.
I phoned the DWP and asked if there were any officer notes I could be sent so I could understand my award further as I felt nothing I had sent in had actually been read.
We had a long and informative chat and I was told that the fact I could drive limited the points I could be given. She said basically that anyone who drove should not really be entitled to the care element. I challenged this and said I can drive maybe 10% of the time and as an intelligent person I do not drive if I think my fatigue is a risk. I told her my current 2 year old Motability car had 854 miles on the clock and my last mobility car which i kept for 5 years had less than 2000 on the clock when i changed it. I challenged her as to how my ability to drive 10% of the time was an indication that I could manage money with no difficulties when for the last 25 years i have used a managed bank account to help budgeting. How my ability to drive helped my extreme social anxiety, and the fact I need someone I trust with me to socially engage face to face. These problems have always been listed on my review forms and always been ignored but I felt now I have been diagnosed with AUD and combined ADHD at the age of 60 and I felt the information on my diagnosis reports should have been noted and a slight increase in points even if I didn't get granted enhanced care would have been proof my documentation had been read.
I am purposely not saying my other conditions here as I do not feel relevant as they are the ones that have always given me an standard/enhanced award.
I have put in for a mandatory reconsideration on the grounds I do not think my information I enclosed with my review has been read and challenging that driving 400 miles a year and only on very good days, sometimes not for months at a time should be factored into their 'she can drive so we are limiting her award'. Yes I have a Motability car and yes I do have a driving license but this bares no relevance in my care due to the limited milage. There is no one else on my insurance, I live alone. It is a bit of an overspend to bother having a car but my mobility is so limited I have no other choice.
Quite frankly if I didn't have a mobility car they would have been none the wiser on driving ability.
I know with reflection I should have done a full paper mandatory reconsideration myself but it just seemed unnecessary based on the driving being what had limited my points.
What I would like to ask is has anyone else been told that their ability to drive limits what they can be awarded?
I must point out that the driving I do is within a 2-3 mile radius of my home and maybe 2-3 days a month.

Is there any current case law on driving limiting awards?

I would be grateful to hear about the experience of others.

Please Log in or Create an account to join the conversation.

More
15 hours 1 minute ago - 15 hours ago #313425 by BIS
Hi helen419

If you look at page 83 onwards of the Guide to PIP Claims and Reviews, you will find information about driving, which should be useful in helping you write an answer. Driving has always been a contentious issue and yes, people are regularly denied points because of their ability to drive. Assessors are not supposed to discriminate against someone who drives and they are supposed to look at the whole picture of what type of transport claimants use. benefitsandwork.co.uk/guides-for-claimants/pip

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 15 hours ago by BIS.

Please Log in or Create an account to join the conversation.

Moderators: latetrainBISCatherine12345ChrisDavidForum Moderator