Eggcustard wrote: Hi,
Due to the recent ruling on people 'walking through pain' being not able to walk properly. Does that mean people who,lost their higher rate mobility despite pain can ask to be reassessed??
Thanks
I'm afraid it not that simple.
The ruling says that the panel need to consider whether the claimant level of pain while walking is reasonable and if not then they should consider whether the claimant is unable to walk to a necessary and appropriate standard.
The primary requirement is the panel looking at this, it doesn't mean that they have to agree with the claimant, they may decide that the pain is not unreasonable.
Also, there is the issue of how you might re-open the issue with the DWP'
If it was less than 13 months since the Decision then you can make a late request for a Mandatory Reconsideration but would need some way of providing evidence of the level of pain you had when then Decision was made, however many months ago that was.
Secondly you could report a Change of Circumstances, however, this would undoubtedly result in a new PIP2 and face to face assessment.
In both cases the DWP would look at your whole claim with the risk of you losing points as well as gaining them
Gordon
