- Posts: 1
Failed PIP reconsideration
- Mo
- Topic Author
- Offline
My condition has worsened and will continue to do so in the future. Is it worthwhile going for a tribunal or am I wasting my time due to the fact I can walk 20 metres but when I do I am in pain. Also like to point out the questions are flawed for this assessment!
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51158
Mo wrote: Hi, I have appealed my PIP decision and been role that the evidence still stands that due to be able to walk 20 metres and not more than 50 metres I only qualify for standard rate for mobility. Therefore I have to return my mobility car in 2 weeks as was previously on high rate for Mobility with DLA.
My condition has worsened and will continue to do so in the future. Is it worthwhile going for a tribunal or am I wasting my time due to the fact I can walk 20 metres but when I do I am in pain. Also like to point out the questions are flawed for this assessment!
You say that your condition has deteriorated, if this has occurred since the Decision on your PIP claim was made then a Tribunal cannot consider the change.
The law does not require you to walk pain free, but you must be able to walk reliably on the majority of days, these terms are defined in the PIP Claim guide.
So the question you need to ask yourself is whether you can reasonably show that you cannot reliably stand and then walk for no more than 20m on the majority of days.
If you think that this is the case then you can either appeal, subject to my earlier comment, or ask to be re-assessed. Neither option is risk free as they both result in a new Decision on your claim and this can be the increased award that you are looking for or a reduced or even removed award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- ELEANOR
- Offline
- Posts: 139
Please Log in or Create an account to join the conversation.