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7 years 5 months ago #172613 by barbwh58
Pip was created by barbwh58
Hi not sure what to do I have had my PIP award after assessment and I have kept my care part but been downgraded to lower moblity so loosing my car but getting £87 instead. On the report their is no mention of me holding my son's arm walking in and out of assessment also that he helped me up from chair twice and it says I can stand and walk using an aid or appliance for 20 but no more than 50 using aid. I did have hold of my walking stick but only loosely with 3 fingers as I have arthritis in other fingers. IT also said I had no problem with my left hand but this is not true as I also have arthritis in that hand and since 2000 when I first had symptoms of Fibromyalgia I have had difficulty with grip in that hand and has always been recognised by medical professionals. They have also disregarded my blackouts and dizzy spells but they were accepted 8 yrs ago on my dla assessment. There are other discrepancies in report.
Should I ask for reconsideration or just accept it, the only problem is I wouldn't be able to get another car and I would become housebound as due to the chronic fatigue I suffer when carrying out any activity or task I would struggle getting back home. I have stopped driving and my son who is my carer takes me anywhere I need to go any advice would be greatly accepted.
Should I ask for reconsideration or just accept it, the only problem is I wouldn't be able to get another car and I would become housebound as due to the chronic fatigue I suffer when carrying out any activity or task I would struggle getting back home. I have stopped driving and my son who is my carer takes me anywhere I need to go any advice would be greatly accepted.
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7 years 5 months ago #172619 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip
barbwh58
Notwithstanding the points you raise, the key question is whether you can reliably and on the majority of days, walk more than 20m? If you can then the Standard award would appear to be correct! If you cannot then you should consider challenging the Decision.
On the assumption that your walking is restricted to 20m or less then 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
Notwithstanding the points you raise, the key question is whether you can reliably and on the majority of days, walk more than 20m? If you can then the Standard award would appear to be correct! If you cannot then you should consider challenging the Decision.
On the assumption that your walking is restricted to 20m or less then 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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