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DLA to PIP mobility not awardedut
- Helen W
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8 years 3 months ago #178855 by Helen W
DLA to PIP mobility not awardedut was created by Helen W
My husband was on DLA for life due to Functional Neuropathic Disorder. One of the major symptoms in non-epileptic seizures which cause him to loose consciousness for anything from a few minutes to hours. He was awarded DLA at the middle rate for care and lower mobility.
We have had to apply for PIP and he's had his assessment and been awarded higher rate care but no mobility. The net result is the same money as he was on but we are angry that he has not been awarded anything for mobility. We said at the assessment that he is unable to undertake a familiar journey without assistance because if he has a seizure he is vulnerable to attack, robbery and if on public transport he would miss his stop. He is not allowed to drive because of his condition. I have to take him everywhere. This should have given him 12 points and the higher rate of mobility. So how can they not have awarded anything at all?
We are worried though that if we apply for reconsideration and appeal they could downgrade his care as they reassess the whole thing. Also I am so stressed with the whole procudure having it dragging on for months.
We would like to know what people would advise?
We have had to apply for PIP and he's had his assessment and been awarded higher rate care but no mobility. The net result is the same money as he was on but we are angry that he has not been awarded anything for mobility. We said at the assessment that he is unable to undertake a familiar journey without assistance because if he has a seizure he is vulnerable to attack, robbery and if on public transport he would miss his stop. He is not allowed to drive because of his condition. I have to take him everywhere. This should have given him 12 points and the higher rate of mobility. So how can they not have awarded anything at all?
We are worried though that if we apply for reconsideration and appeal they could downgrade his care as they reassess the whole thing. Also I am so stressed with the whole procudure having it dragging on for months.
We would like to know what people would advise?
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- Gordon
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8 years 3 months ago #178864 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA to PIP mobility not awardedut
Helen
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
PIP was engineered to be a more difficult benefit to be awarded than DLA in an effort to reduce the disability budget, one of the areas most impacted on was Mobility.
If you challenge the Decision then there is a risk that your existing award could be reduced, the chance of this happening is quite low, but it is something you must factor in to any decision you make.
The DWP see the Going Out activity as one related to the claimants cognitive, mental health or sensory problems so it can be very difficult to argue that he should score points for something that is considered to be a physical issue.
Your best hope would be to argue that he cannot reliably follow a journey due to his seizures and that this is due to issues of safety and his being able to do so to a necessary and appropriate standard, he would need to be affected on the majority of days, this does not mean daily seizures but the risk of one.
Have a look at the PIP Claim guide for more information, link further down.
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, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
PIP was engineered to be a more difficult benefit to be awarded than DLA in an effort to reduce the disability budget, one of the areas most impacted on was Mobility.
If you challenge the Decision then there is a risk that your existing award could be reduced, the chance of this happening is quite low, but it is something you must factor in to any decision you make.
The DWP see the Going Out activity as one related to the claimants cognitive, mental health or sensory problems so it can be very difficult to argue that he should score points for something that is considered to be a physical issue.
Your best hope would be to argue that he cannot reliably follow a journey due to his seizures and that this is due to issues of safety and his being able to do so to a necessary and appropriate standard, he would need to be affected on the majority of days, this does not mean daily seizures but the risk of one.
Have a look at the PIP Claim guide for more information, link further down.
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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