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How far can i walk
- Andrew
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7 years 2 weeks ago #186279 by Andrew
How far can i walk was created by Andrew
I recently had a home visit from a health care nurse regarding my PIP claim. I have , osteoarthritis sero negative arthritis, fibro mialgia , depression , im on morphine30 mgs a day among s a load of other medication.
On the whole i was happy with the interview , and mostly happy with the results .
I was awarded standard rate for care part , the problem is with the immobility part , the nurse did not ask me to walk and wrote down that i said i can walk aided 20 to 30 meters when i actually said i can walk 20 to 30 feet so i get lower rate mobility.
Now hears the thing how do i prove that i can only walk a very short distance DWP will only take notice of what they have in front of them , Atos say that when the report is written and sent off that the end of the matter for them,
So how do i prove that i cannot walk verry far
On the whole i was happy with the interview , and mostly happy with the results .
I was awarded standard rate for care part , the problem is with the immobility part , the nurse did not ask me to walk and wrote down that i said i can walk aided 20 to 30 meters when i actually said i can walk 20 to 30 feet so i get lower rate mobility.
Now hears the thing how do i prove that i can only walk a very short distance DWP will only take notice of what they have in front of them , Atos say that when the report is written and sent off that the end of the matter for them,
So how do i prove that i cannot walk verry far
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- Gordon
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7 years 2 weeks ago #186301 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic How far can i walk
Andrew
All you can do is provide examples of how you walking is limited, remember to use "reliably" and "on the majority of days" as relevant. So explain what you can do and what you cannot do and why.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
All you can do is provide examples of how you walking is limited, remember to use "reliably" and "on the majority of days" as relevant. So explain what you can do and what you cannot do and why.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum 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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