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Acceptable PIP award, but for the wrong reasons.

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8 years 4 months ago #146864 by Doris
This post is slightly detailed, so I'll keep it brief and simple. In addition, the PA4 has been requested to analyse the reasons laid out for the 'controversial' decision.

My partner received their PIP award this week which included standard mobility and daily care. Four mobility points were awarded for walking more than 50 but no more than 200 metres - aided or unaided. However, on the PIP form, and during the assessment, distance was not cited as a finite issue. The argument was pain at any distance, with often no need to stop. So the assessor has made a decision to set 200 metres as the walking distance. The PA4 may offer more detail when it comes through, however, our concerns are over this finite distance, and how this could impact if my partner is viewed walking 400 meters ?

Moving onto daily care. All the questions answered to our descriptors on the PIP form were completed based on care needs that did not require any aids. However, all eight of the awarded points have been awarded because 'the assessor' decided aids are required. This is despite my partner clearly saying they do not use, or require aids for the descriptors in question. I'm being cynical, but could this be future proving the removal of the daily care if vouchers replace money in the future ?

The main concerns are the award does not reflect the information that we put on the PIP claim form, possibly leaving the claim open to suspicion? Could the PA4 - once received - offer more detail on why the points were awarded and therefore offer some credibility.

We're loth to appeal and lose the lot, but at the same time concerned an award has been made for reasons not cited, and those reasons we did cite, were ignored. Either way the award given was the one that was hoped for.

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8 years 4 months ago #146865 by Gordon
Doris

I would leave it alone if you are happy with the award, although I do know that this may implications.

You will likely find that it is the assessor's opinions that have resulted in the points awarded, it can be very difficult to argue against an opinion, but that may be to your advantage as well.

With regard the walking, your husband would need to be able to reliably, on the majority of days walk this distance for it to be an issue.

As to the aids, this may be more difficult, the Daily Living activities have very specific criteria and it is not always a case of a claimant having to be worse to score higher points, they will need to meet those criteria. So you may be in a situation where if you dispute the assessors opinion, you may not be able to score any points.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Doris

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8 years 1 month ago #153297 by Doris
A quick update.

I don't know whether to laugh, cry or bang my head on the wall to see if I'm still on planet earth.

An MR was submitted arguing the descriptors used by the DM were not compatible with the care and mobility requirements we stated on the PIP2 form. The basis of this MR was to challenge the decision in case my partner was observed walking distances of 200 meters on a regular basis, and/or be seen carrying out activities without the use of aids. We were well aware the award could have been removed, but felt the risks of misinterpretation were too great.

Last week we received the result of the MR. Daily care remains the same, but further points were added ??, and mobility went from standard to enhanced.......how does that work ?

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8 years 1 month ago - 8 years 1 month ago #153332 by Gordon
Doris

It's unusual for the DWP to revise an award at the MR stage, so well done. It's not your responsibility to second guess how they came to the new Decision, so don't worry about it, just enjoy it :)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by Gordon.
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