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PIP claim and evidence
- Perdita
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8 years 2 months ago #180892 by Perdita
Replied by Perdita on topic PIP claim and evidence
Oh so sorry to go on and on... but not getting the mobility is really bugging me cos I am hugely restricted with mobility. (the OCD/conamination fear even stops me having lifts or using taxis, public transport being the worst.) But regarding walking with discomfort/pain - do you think it may be impossible for DWP to award mobility on this basis if it was a paper based assessment? Can they never award mobility based on moving around/walking if the assessor has not seen you? I mean I am wondering whether they cannot award mobility on a paper based assessment because an assessor has not had the chance to check for muscle wastage through someone not walking very much, do they have to have physical evidence such as measurements of calves (legs not baby cows!) in order to give a mobility award linked with moving about/walking descriptors?
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8 years 2 months ago #180908 by Gordon
It's not impossible to be awarded Mobility without a face to face, seeing the claimant is only part of the process and an award will undoubtedly be dependant on what they have written in and with their PIP2.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP claim and evidence
Cruella wrote: Oh so sorry to go on and on... but not getting the mobility is really bugging me cos I am hugely restricted with mobility. (the OCD/conamination fear even stops me having lifts or using taxis, public transport being the worst.) But regarding walking with discomfort/pain - do you think it may be impossible for DWP to award mobility on this basis if it was a paper based assessment? Can they never award mobility based on moving around/walking if the assessor has not seen you? I mean I am wondering whether they cannot award mobility on a paper based assessment because an assessor has not had the chance to check for muscle wastage through someone not walking very much, do they have to have physical evidence such as measurements of calves (legs not baby cows!) in order to give a mobility award linked with moving about/walking descriptors?
It's not impossible to be awarded Mobility without a face to face, seeing the claimant is only part of the process and an award will undoubtedly be dependant on what they have written in and with their PIP2.
Gordon
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8 years 2 months ago #180946 by Perdita
Replied by Perdita on topic PIP claim and evidence
Thank you. I phoned my GP surgery to ask if it is possible for me to have a copy of the questionnaire my GP filled in for ATOS but they were still working on it, it has not been sent to ATOS yet. So I am curious , seeing as I already have my award, what will happen with it. Do you know if ATOS look at it and consider it evidence that would change their assessment whether they inform the DWP. I am hoping, rather optimistically!, if my GP has explained my conditions better than I have, whether my mobility could be upped from the 4 points on the award.
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8 years 2 months ago #180965 by Gordon
As the assessment process is finished I would not expect ATOS to have access to your information any more, my best guess is that they will pass the report on to the DWP without comment, it will be then up the Claim / Decision Manager to decide whether it is important enough to pass back to ATOS for a medical opinion.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP claim and evidence
Cruella wrote: Thank you. I phoned my GP surgery to ask if it is possible for me to have a copy of the questionnaire my GP filled in for ATOS but they were still working on it, it has not been sent to ATOS yet. So I am curious , seeing as I already have my award, what will happen with it. Do you know if ATOS look at it and consider it evidence that would change their assessment whether they inform the DWP. I am hoping, rather optimistically!, if my GP has explained my conditions better than I have, whether my mobility could be upped from the 4 points on the award.
As the assessment process is finished I would not expect ATOS to have access to your information any more, my best guess is that they will pass the report on to the DWP without comment, it will be then up the Claim / Decision Manager to decide whether it is important enough to pass back to ATOS for a medical opinion.
Gordon
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8 years 2 months ago #180968 by Perdita
Replied by Perdita on topic PIP claim and evidence
Thank you, I will get the questionnaire from my GP to see if anything significant or helpful is in it, just in case I was to do a Reconsideration, but more likely to keep for future reference. Can I clarify the 'reliability'. Is it a guide, or is it mandatory for the DWP to follow it? How categoric should it be, I mean if showering takes 3 hours for instance, is it categoric that you should be scored as if not being able to do that activity at all, because under the reliability 'rules' it takes more than twice as long as an able person. I mean surely that should receive 8 points or is it not necessarily like that?
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8 years 2 months ago #180975 by Gordon
The four "phrases" that reliably uses are defined in the legislation and must be considered as part of a Decision.
You need to apply the terms to the specific PIP Descriptors so for the 8 points you need to show that you cannot
Safely, to a reasonable standard, repeatedly, or in a timely manner "wash and bathe at all and needs another person to wash their entire body"
The Descriptor refers to the claimant being unable wash and bathe at all, you would need to argue that your not being able to complete the activity in a timely manner should be considered as the same, but you may still trip over the requirement for someone else needing to wash your entire body as you have not indicated that you require this.
Gorodn
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP claim and evidence
Cruella wrote: Thank you, I will get the questionnaire from my GP to see if anything significant or helpful is in it, just in case I was to do a Reconsideration, but more likely to keep for future reference. Can I clarify the 'reliability'. Is it a guide, or is it mandatory for the DWP to follow it? How categoric should it be, I mean if showering takes 3 hours for instance, is it categoric that you should be scored as if not being able to do that activity at all, because under the reliability 'rules' it takes more than twice as long as an able person. I mean surely that should receive 8 points or is it not necessarily like that?
The four "phrases" that reliably uses are defined in the legislation and must be considered as part of a Decision.
You need to apply the terms to the specific PIP Descriptors so for the 8 points you need to show that you cannot
Safely, to a reasonable standard, repeatedly, or in a timely manner "wash and bathe at all and needs another person to wash their entire body"
The Descriptor refers to the claimant being unable wash and bathe at all, you would need to argue that your not being able to complete the activity in a timely manner should be considered as the same, but you may still trip over the requirement for someone else needing to wash your entire body as you have not indicated that you require this.
Gorodn
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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