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Advice on pip mobility
- Kimbychick
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8 years 1 week ago #187403 by Kimbychick
Advice on pip mobility was created by Kimbychick
I'm hoping someone can answer my question on whether I would be able to appeal my mobilty decision.
My face to face was at the start of February I received 0 points in both daily living and mobility. I sent a mandatory reconsideration and was awarded 10 points daily living and 4 points mobility on 4th April.
I know I would have been awarded 12 mobility if the decision was made before 16th March as it is mainly based on mental health grounds. Can someone just tell if I would have a case as the original decision was made in February? Or is it just when my MR decision was made?
Thanks
My face to face was at the start of February I received 0 points in both daily living and mobility. I sent a mandatory reconsideration and was awarded 10 points daily living and 4 points mobility on 4th April.
I know I would have been awarded 12 mobility if the decision was made before 16th March as it is mainly based on mental health grounds. Can someone just tell if I would have a case as the original decision was made in February? Or is it just when my MR decision was made?
Thanks
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8 years 1 week ago #187421 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice on pip mobility
Kim
It would be the date of the original Decision.
The only way to pursue this is at appeal.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
It would be the date of the original Decision.
The only way to pursue this is at appeal.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post 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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- Kimbychick
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8 years 1 week ago #187433 by Kimbychick
Replied by Kimbychick on topic Advice on pip mobility
Thank you Gordon. I have left this all a bit late as I had just accepted the decision but I will have to get a move on. I was sure that it must be the decision after the 16th March that was correct.
Ok I am kinda panicking now. I will read through all the guidelines as I am a member.
Can you just tell me that as this is a fault of their own is there anyway that it might get sorted quicker if I am just pointing out that the dates were wrong?
Also I am really not keen on appearing at a Tribunal I have been ill through all this. Will I be able to get this done paper based?
Thank you
Ok I am kinda panicking now. I will read through all the guidelines as I am a member.
Can you just tell me that as this is a fault of their own is there anyway that it might get sorted quicker if I am just pointing out that the dates were wrong?
Also I am really not keen on appearing at a Tribunal I have been ill through all this. Will I be able to get this done paper based?
Thank you
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8 years 1 week ago #187453 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice on pip mobility
Kim
I am afraid you cannot assume that the DWP has made a mistake, their guidance was never updated so from their view the Decision was made correctly.
You can opt for a Paper hearing that you do not need to attend, but you need to be aware that the statistical probability of success is much lower than one you attend.
Also, you have two routes to an award, you can either argue that you cannot go out, or that you are unable to follow (navigate) a route to a familiar place. You can only opt for one of these as they can be considered to be mutually exclusive.
Gordon
I am afraid you cannot assume that the DWP has made a mistake, their guidance was never updated so from their view the Decision was made correctly.
You can opt for a Paper hearing that you do not need to attend, but you need to be aware that the statistical probability of success is much lower than one you attend.
Also, you have two routes to an award, you can either argue that you cannot go out, or that you are unable to follow (navigate) a route to a familiar place. You can only opt for one of these as they can be considered to be mutually exclusive.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 1 week ago #187460 by Kimbychick
Replied by Kimbychick on topic Advice on pip mobility
Ok thanks. I assumed because you said I would be challenging the original decision that it was their mistake that they never used the old descriptor's. As it was before 16th March.
I made it clear that I have not been out on my own for 8 years for any journey and sent supporting evidence from my CPN. As before 16th March this would have gained me 12 points.
I think I might just leave it I thought I had a strong case and don't think I have the energy to go through it all again.
Thanks for your time.
I made it clear that I have not been out on my own for 8 years for any journey and sent supporting evidence from my CPN. As before 16th March this would have gained me 12 points.
I think I might just leave it I thought I had a strong case and don't think I have the energy to go through it all again.
Thanks for your time.
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8 years 1 week ago - 8 years 1 week ago #187461 by Gordon
I'm afraid not, if you cannot go out then you are assessing yourself as meeting Descriptor (e) which only scores 10 points. This Descriptor was not affected by the March change.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice on pip mobility
Kim wrote: Ok thanks. I assumed because you said I would be challenging the original decision that it was their mistake that they never used the old descriptor's. As it was before 16th March.
I made it clear that I have not been out on my own for 8 years for any journey and sent supporting evidence from my CPN. As before 16th March this would have gained me 12 points.
I think I might just leave it I thought I had a strong case and don't think I have the energy to go through it all again.
Thanks for your time.
I'm afraid not, if you cannot go out then you are assessing yourself as meeting Descriptor (e) which only scores 10 points. This Descriptor was not affected by the March change.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 week ago by Gordon.
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