- Posts: 2
× Members
lost appeal
- chevvy64
- Topic Author
- Offline
Less More
8 years 2 weeks ago #155856 by chevvy64
lost appeal was created by chevvy64
I was awarded high rate DLA for years swapped to PIP only standard mobility...reconsideration failed they insisting guy saw me walk 45metres and because Id through all my distress at assessment answered a prompted question about time walked...even tho the two people with me tried to explain my diffculties with pain etc and hindered gait. This was not correct they equate it to over 50metres!!!!!!apparantly Im getting better. My medical report had mis diagnosis on it of a condition I have never mentioned and it was full of inaccuries so I went for appeal..This site was used to put appeal in correct way...not once have anybody given answers to the descrepencies. On my appeal a map was sent in to show scale which no way was 45metres walked badly with two people plus pointed out how the assessment was carried out and the fact diagnosis was on it plus other crap......well basically even tho all this was done .MY APPEAL WAS REFUSED !!!!!.....Im am gutted I feel like they are treating me like a liar and a cheat ...I feel.my lack of evidence is used against me but how can I keep going to consultant for him to say nowt we can do and Im an intolerant too many many pain killers and antidepressants and this I also feel is held against me as they must think Im not that bad yet I suffer more becauae of it......I feel sick and so frustrated that people can sit in judgment like this and because the descriptor has changed I am now considered able to chuffin walk and better!!!!!....all I can say is this site enabled me to put appeal in correctly but it still will not on occasion enable you to win an appeal......
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51076
8 years 2 weeks ago #155877 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic lost appeal
Chevy
I'm sorry to hear that your appeal was unsuccesful
Your post suggests some confusion over the PIP criteria, my apologies if this not the case.
If you have been awarded Standard rate Mobility for PIP then then you have been assessed as being able to walk 20m-50m which is equivalent to what you would have been assessed as being capable of when you received DLA HRM.
For an Enhanced award for PIP you would need to show that you are unable to reliably stand and move more than 20m on the majority of days.
Did you retain your Standard award?
You can challenge the Tribunal Decision on the basis that there has been an Error of Law , but not because you disagree with the Decision. The first stage to doing this would be to requests a Statement of Reasons .
Alternatively, if you can show that your conditions have deteriorated since the original Decision was made then you can request a re-assessment of your claim to try and get the Enhanced rate. You need to be aware that this would be a full review of your claim and the DWP, in addition to increasing your award can also reduce it or even remove it.
Gordon
I'm sorry to hear that your appeal was unsuccesful
Your post suggests some confusion over the PIP criteria, my apologies if this not the case.
If you have been awarded Standard rate Mobility for PIP then then you have been assessed as being able to walk 20m-50m which is equivalent to what you would have been assessed as being capable of when you received DLA HRM.
For an Enhanced award for PIP you would need to show that you are unable to reliably stand and move more than 20m on the majority of days.
Did you retain your Standard award?
You can challenge the Tribunal Decision on the basis that there has been an Error of Law , but not because you disagree with the Decision. The first stage to doing this would be to requests a Statement of Reasons .
Alternatively, if you can show that your conditions have deteriorated since the original Decision was made then you can request a re-assessment of your claim to try and get the Enhanced rate. You need to be aware that this would be a full review of your claim and the DWP, in addition to increasing your award can also reduce it or even remove it.
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.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris