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PIP Mandatory Reconsideration Failure - Appeal?
- Cospaws
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6 years 10 months ago #190964 by Cospaws
PIP Mandatory Reconsideration Failure - Appeal? was created by Cospaws
Hello,
My elderly mother-in-law is housebound due to various medical problems.
She lives on a first floor upper cottage flat (although we are currently looking to have her housed on a ground floor she has been very resistant to this as she has lived in that home all her adult life). Her home has 11 stairs from ground. If going out she needs to go down the stairs and when returning home has to go back up them.
Her mobility vehicle is parked around 3 metres from her front door.
She was on low rate DLA for care and higher rate for mobility. She now has to hand her vehicle back as she has not qualified for enhanced mobility, she was awarded standard rate for both elements at her re-assessment to tranfer from DLA to PIP. She was 2 points short of the enhanced rate for mobility.
The report from the medical professional states that if she can use 11 stairs she can walk more than 20 metres but less than 50.
The report fails to mention that when the Nurse asked how she got up and down the stairs to get in the car, my mother-in-law explained "It's a palava and someone has to hold me and often carry me up and down" when walking the 3 metres to the car she uses a walking aid and then when out and about we use a wheelchair for her at all times.
I lodged a mandatory reconsideration but the decision was un-changed and now we need to decide whether or not to appeal.
Either way the vehicle has to be returned next month (it's driven by my father-in-law). It's going to be extremely difficult as she will not have any way of getting to and from hospital appointments except taxis as my car is a very very low down 3 door mini that she can't get into and I can't fit her wheelchair in the back.
I still can't believe the Govt changed this and so many people have lost their vehicle which was a life line for them. This is despite no change in their own circumstances just that the DWP changed the goalposts.
Anyway she cannot walk more than 20 metres, she never walks more than 5 or 6 metres without using a chair.
Any advice would be appreciated. Very worried about them both.
My elderly mother-in-law is housebound due to various medical problems.
She lives on a first floor upper cottage flat (although we are currently looking to have her housed on a ground floor she has been very resistant to this as she has lived in that home all her adult life). Her home has 11 stairs from ground. If going out she needs to go down the stairs and when returning home has to go back up them.
Her mobility vehicle is parked around 3 metres from her front door.
She was on low rate DLA for care and higher rate for mobility. She now has to hand her vehicle back as she has not qualified for enhanced mobility, she was awarded standard rate for both elements at her re-assessment to tranfer from DLA to PIP. She was 2 points short of the enhanced rate for mobility.
The report from the medical professional states that if she can use 11 stairs she can walk more than 20 metres but less than 50.
The report fails to mention that when the Nurse asked how she got up and down the stairs to get in the car, my mother-in-law explained "It's a palava and someone has to hold me and often carry me up and down" when walking the 3 metres to the car she uses a walking aid and then when out and about we use a wheelchair for her at all times.
I lodged a mandatory reconsideration but the decision was un-changed and now we need to decide whether or not to appeal.
Either way the vehicle has to be returned next month (it's driven by my father-in-law). It's going to be extremely difficult as she will not have any way of getting to and from hospital appointments except taxis as my car is a very very low down 3 door mini that she can't get into and I can't fit her wheelchair in the back.
I still can't believe the Govt changed this and so many people have lost their vehicle which was a life line for them. This is despite no change in their own circumstances just that the DWP changed the goalposts.
Anyway she cannot walk more than 20 metres, she never walks more than 5 or 6 metres without using a chair.
Any advice would be appreciated. Very worried about them both.
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- Gordon
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6 years 10 months ago #191010 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Mandatory Reconsideration Failure - Appeal?
Cospaws
If the Decision was not revised at MR then her only remaining option is to appeal.
The PIP Appeal guide has links to the SSCS1 form that she will need to complete and the Submissions guide has a complete example that she can use to help her fill it in, she does not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send her a copy, whilst she should wait until she receive this to finish and submit her own, she should start to prepare her own case, an increased award will only be made by her showing that she scores the extra points for one, so I would start by going back through her PIP2, the assessment report and the PIP Claim guide to see how she might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
If the Decision was not revised at MR then her only remaining option is to appeal.
The PIP Appeal guide has links to the SSCS1 form that she will need to complete and the Submissions guide has a complete example that she can use to help her fill it in, she does not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send her a copy, whilst she should wait until she receive this to finish and submit her own, she should start to prepare her own case, an increased award will only be made by her showing that she scores the extra points for one, so I would start by going back through her PIP2, the assessment report and the PIP Claim guide to see how she might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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