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Taking Nutrition and moving around : PIP

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7 years 2 months ago #182714 by Joey123
Hi there.Could you help me with the following:
a) I didnt apply for nutrition when i filled out my PIP form but only realised at my assessment when I spoke to HCP that i could apply for it. I received points on my other desrciptors for supervision and prompting as I suffer from depression, tiredness and OCD
so it makes sense that I should get points for supervision on nutrition. However they turned it down as they said i didnt apply for it on original decision but instead on MR. Can they do that. They also said that since i receive no dietary supplements or input from dietician i cannot get that. However i need someone to encourage me to eat due to tiredness and depression. How strict is this criteria and are they correct in turning me down.

b) They said because i use public transport and took a train to assessment I can walk over 200m. However I said 50m. This is ridiculous as it was the only way i can travel anywhere. I hardly did any walking at all and sat down most of the time. They said they saw me walking 25m. This rationale is ridiculous as i said my fatigue fluctuates day by day and i have mostly bad days. Should i appeal this decision.
Many thanks for your help

Clifford

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7 years 2 months ago #182748 by Gordon
Replied by Gordon on topic Taking Nutrition and moving around : PIP
Joey

Decision Makers take the view that the initial information they receive from a claimant is always the most accurate, so they are undoubtedly taking the position that if you needed supervision for eating when you completed the form then you would have included that information on the form.

That doesn't stop you including problems you have in this area in regard to an appeal but you will need to explain in detail why you did not include the information on the original form.

As you used Public transport it is probably reasonable for them to assume that you walked over 200m but that does no mean that your walking is not more limited. You say it fluctuates so you need to explain how it fluctuates and for how long you are affected when at your best, worst and on average. Also have a look at the usage of "reliably".

As you don't say whether you received an award or not, it's difficult to offer advice on whether you should appeal or not and if there is any jeopardy if you do, but in general terms you need to consider the realistic prospect of your scoring the extra points for an award or a higher award.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 2 months ago #182753 by Joey123
Replied by Joey123 on topic Taking Nutrition and moving around : PIP
Hi Gordon many thanks for your help. I did receive 4 points for planning and following journey but 0 points for mobilty. I had been on DLA on the higher rates for care and mobility for over 22 years. I havent worked for 22 years. I live alone. So this came as a shock.Iwill lose my blue badge and freedom pass :((( I think i was a bit confused over the 200m limit I thought it was just for one part of a jouney not the cumulative parts of a journey.
Many thanks again joey.

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7 years 2 months ago #182777 by Gordon
Replied by Gordon on topic Taking Nutrition and moving around : PIP

Joey123 wrote: Hi Gordon many thanks for your help. I did receive 4 points for planning and following journey but 0 points for mobilty. I had been on DLA on the higher rates for care and mobility for over 22 years. I havent worked for 22 years. I live alone. So this came as a shock.Iwill lose my blue badge and freedom pass :((( I think i was a bit confused over the 200m limit I thought it was just for one part of a jouney not the cumulative parts of a journey.
Many thanks again joey.


You can argue that it was less if for example if you had to stop and rest or if there were natural breaks in the journey.

200m is a lot shorter than most people think.

Google Streetview may allow you to work out a more accurate distance.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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