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parameters for appeal

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7 years 8 months ago #166162 by micksville
parameters for appeal was created by micksville
I have sent off my PIP 2 form and await possible face2face etc. Personally I think I will get awarded enhanced rate mobility and standard rate care (latter on aids alone) . My disabilities are physichal and very obvious with a mass of medical supporting evidence so I'm not too concerned though one never knows.Question is hypothetical at this stage. I would be happy at such an award but I believe there are several areas where I would qualify as I need assistance despite the aids/adaptations. Though I would not be looking for enhanced rate care what would be the appeal options if I were awarded say 8 or 9 points for care component? I mention this with an eye on future changes to points for aids/adaptations such as the dwp tried to force through earlier this year. I personally believe I ought score 11 points. I assume I can request a copy of the medical report once it's done but could I appeal on the basis that I'm happy with the award per se but think the points total is wrong? I know there are the usual risks in any appeal but I would expect the correct assesment to be made, in it's entiret first time. Would an appeal of this nature be allowed if the scenario arises?

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7 years 8 months ago #166175 by slugsta
Replied by slugsta on topic parameters for appeal
You would appeal the decision (to award or not) rather than the exact points score. I think it would be rather foolish to appeal an award with which you agree.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 8 months ago #166205 by micksville
Replied by micksville on topic parameters for appeal
Thanks......tbh when I re read my form I have myself scoring enough points to make enhanced care but dwp might not necessarily agree with all the reasons why aids aren't completely of use to me. However, I have given an honest assessment of my difficulties on the form so was just thinking with one eye on the future in case they move the goalposts yet again. I simply want the (imo) correct decision in the first place. However, I take your point about not appealing a decision you technically agree with.

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7 years 8 months ago #166208 by Gordon
Replied by Gordon on topic parameters for appeal

micksville wrote: Thanks......tbh when I re read my form I have myself scoring enough points to make enhanced care but dwp might not necessarily agree with all the reasons why aids aren't completely of use to me. However, I have given an honest assessment of my difficulties on the form so was just thinking with one eye on the future in case they move the goalposts yet again. I simply want the (imo) correct decision in the first place. However, I take your point about not appealing a decision you technically agree with.


We regularly see members in this situation, the appeal system simply does not cater for these circumstances, it's not ideal but there is no way around it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 8 months ago #166213 by FMS
Replied by FMS on topic parameters for appeal
Hi Mick,

I suspect I am likely to be in a similar situation. My problems are also physical with supporting medical evidence and operation scars!

It would appear from the copy of the HP report that I will be awarded 11 points for care which I am fairly happy with. However, unless DWP comes to a different decision all my points will be awarded on: (b) Needs to use an aid or appliance to be able to .... which awards 2 points apart from 'Monitoring Health Conditions' under which (b) awards 1 point.

However, I told the HP that I can't use aids due to to my reduced grip etc. In my opinion assistance' is required rather than 'aids'.

However, the HP has used as justification for all the descriptors that 'I was able to hand over paperwork' and 'I still drive'. However, under 'Social and occupational history' she states that 'I drive an automatic car but do not go out alone as cannot pull on hand brake so somebody must be with her and she drives very little'. Under 'Musculoskeletal system' she states things like 'Wrist movements stiff and reduced; upper limb power reduced; dexterity and pinch grip all reduced in both hands.'

I don't really know what aids she is referring to as, for instance, what aid would help me carry a pan of hot water without the possibility of dropping it and scalding myself - not to mention my pain in trying to carry it? What aid would help me chop something without the knife slipping and cutting me? Attempting to cut more than one quarter of an onion usually results in me having to rest until the pain diminishes so I let my husband do it! Etc. etc.

On the very few occasions when I do drive the automatic car (which is only on good days, roughly 3 times a month), she stated I need someone to pull on the handbrake. Also there is no real gripping required only a slight push/pull mechanism with my hand and arm resting on the gear stick, The gear stick isn't heavy, can't fall and requires little effort in terms of 'dexterity and grip' so how can this be used as justification for the descriptor choice which states that 'I need to use an aid or appliance'?

I suspect that I will have to request an MR (and no doubt go on to appeal) as I feel that I could not accept the award because of the HP's choice of descriptor even although for nearly every Activity the points awarded is the same for 'aid' or 'supervision'.

I will await the DWP letter and decide finally after I receive that. I really would rather not waste taxpayers money going to appeal as I'd expect to get the same number of points (or possibly fewer points) but I would feel uncomfortable accepting a favourable decision when I specifically told the HP that I don't use aids!!

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