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Pip decision
- Sonia123
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7 years 9 months ago #164286 by Sonia123
Pip decision was created by Sonia123
I recently applied for pip after my health detearated whilst on DLA so I let the DLA know if worsening health condition. I got an award for standard rate care and lost my mobility. I suffer from single sided deafness and vestibular problems after a brain tumour a few years back and this makes my mobility very challenging. I suffer from vertigo on sudden movements to my head and also my sensory perception, coordination and concentration is compromised as a result of the vestibular problems. I can not drive most days as I'm too fatigued and I'm just too out of balance to safely drive. My coordination is poor and I feel like I'm in a boat most of the time. I can't travel or drive on motor ways as the busyness of cars rushing by makes me feel sick because of the vestibular problems I have, also I can not follow a navigation system as I can't hear very well and looking up and down constantly at the sat nav and then driving safely is not something I can do. I also can't follow the routes to new journeys as I get such bad brain fog because I'm in a lot of medication and can barly remember what I ate for breakfast. I should have got awarded points for not being able to follow or plan a journey unaided as I can't do this. My husband or family members go with me everywhere unfamiliar and drive me as I just can't cope on my own. I also suffer from facial palsy and suffer from anxiety so going out to new places and meeting new people is something that I try not to do if I can avoid it. Do you think I should ask the decision to be looked in to again? What your opinion on the travel and planning? Do you think they should have awarded me those points or not?
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- Gordon
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7 years 9 months ago #164311 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip decision
Sonia
Welcome to the forum and sorry to hear that you are unhappy with your PIP Decision.
Based on your post, the examples you have used are too specialised, for example; your using a satellite navigation system to plan a route is unlikely to be accepted, they are looking for something more fundamental such as you using a map and working out a route.
In a similar vein, all of your journeys appear to be by car, you should explain what problems you would have when travelling on foot.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Welcome to the forum and sorry to hear that you are unhappy with your PIP Decision.
Based on your post, the examples you have used are too specialised, for example; your using a satellite navigation system to plan a route is unlikely to be accepted, they are looking for something more fundamental such as you using a map and working out a route.
In a similar vein, all of your journeys appear to be by car, you should explain what problems you would have when travelling on foot.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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