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PA4 - I 'should' be able to walk over 20 metres
- MyHipsHurt
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8 years 3 months ago #147400 by MyHipsHurt
PA4 - I 'should' be able to walk over 20 metres was created by MyHipsHurt
I have just received my copy of the PA4. In it, the assessor states that 'She should be able to walk over 20 metres safely and reliably'
This seems to be her opinion, rather than fact, and is not supported by any medical evidence (of which I sent plenty), particularly with her saying 'should' rather than 'can' or 'can't'
It seems that the DWP has taken the opinion of an occupational therapist over the written reports from a Professor who is a world renowned specialist in his field.
Anyway, I thought the term was 'safely, reliably and repeatedly.?
Because I waited to receive the PA4 before challenging it as I needed to see what exactly had been said in the report, it is now just over one month from the date of the award notice, what can I do? The report took 10 days to reach me, and then I went on a planned holiday and have only just returned, so I haven't actually had one month to consider my options.
I have been awarded low rate mobility, from high rate DLA.
This seems to be her opinion, rather than fact, and is not supported by any medical evidence (of which I sent plenty), particularly with her saying 'should' rather than 'can' or 'can't'
It seems that the DWP has taken the opinion of an occupational therapist over the written reports from a Professor who is a world renowned specialist in his field.
Anyway, I thought the term was 'safely, reliably and repeatedly.?
Because I waited to receive the PA4 before challenging it as I needed to see what exactly had been said in the report, it is now just over one month from the date of the award notice, what can I do? The report took 10 days to reach me, and then I went on a planned holiday and have only just returned, so I haven't actually had one month to consider my options.
I have been awarded low rate mobility, from high rate DLA.
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- Gordon
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8 years 3 months ago #147410 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PA4 - I 'should' be able to walk over 20 metres
MyHipsHurt
Whilst we recommend that an MR is requested within one month, the law allows requests to be made up to 13 months after the Decision.
You will need to explain in your request why it is late, waiting for the Assessment report may be Good Reason, however, you need to be aware that the acceptance of a late MR is at the discretion of the DWP with no right of appeal, so you should make the request as soon as possible.
There are template letters you can use in the PIP section.
Gordon
Whilst we recommend that an MR is requested within one month, the law allows requests to be made up to 13 months after the Decision.
You will need to explain in your request why it is late, waiting for the Assessment report may be Good Reason, however, you need to be aware that the acceptance of a late MR is at the discretion of the DWP with no right of appeal, so you should make the request as soon as possible.
There are template letters you can use in the PIP section.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: MyHipsHurt
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- MyHipsHurt
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8 years 3 months ago #147422 by MyHipsHurt
Replied by MyHipsHurt on topic PA4 - I 'should' be able to walk over 20 metres
Thank you Gordon.
Where do I stand on the 'safely, reliably and repeatedly.? description because the word 'repeatedly' was not used in the assessment report.
Where do I stand on the 'safely, reliably and repeatedly.? description because the word 'repeatedly' was not used in the assessment report.
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- Gordon
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8 years 3 months ago #147442 by Gordon
" post=147422]Thank you Gordon.
Where do I stand on the 'safely, reliably and repeatedly.? description because the word 'repeatedly' was not used in the assessment report.[/quote]
OK so it's
Reliably
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
These phrases are defined in the legislation and must be considered with "for the majority of days" in any PIP Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PA4 - I 'should' be able to walk over 20 metres
[quote="MyHipsHurt
" post=147422]Thank you Gordon.
Where do I stand on the 'safely, reliably and repeatedly.? description because the word 'repeatedly' was not used in the assessment report.[/quote]
OK so it's
Reliably
• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.
These phrases are defined in the legislation and must be considered with "for the majority of days" in any PIP Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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