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4 years 2 months ago #256329 by tarzan38
Advice was created by tarzan38
Hi I would appreciate advice !! I have suffered anxiety & depression for over 30 yrs, have tachycardia which is a very fast heartbeat that leaves me very breathless and quite shaky most of the time ,have had 2 small stokes and take bisopropal and fluoxetine for the above condition.I recently was granted pips enhanced rate for daily care and standard rate mobility my question is should I request a manatory review as I was not granted any points for planning the route of a journey in which I had clearly stated on my form and to the accessor, I have great difficulties with due to panic attacks and a lot of confusion ,I have also arthritis in my knees and ankles and take narproxan for the inflammation..because my condition has been ongoing for 30 years I have learned to laccept it as the way I am so therefore I do not have much medical evidence from the past 3 years ,I just keep taking my medication..I am just wondering should I appeal the decision on the grounds of not being fit to make a journey or should I just be thankful for getting 10pts for mobility? Thanks in advance .
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4 years 2 months ago #256345 by LL26
Replied by LL26 on topic Advice
Hi tarzan38,
Welcome to Benefits and Work. Well done on your award!

Have you checked our member's guides, especially the PIP one - there's lots of useful information here.
www.benefitsandwork.co.uk/help-for-claimants/pip
(There is also info about appeals on the same page if you scroll down.)

Firstly, there is always a risk of losing benefit if you appeal. And, of course, all the hassle of forms and assessments! That said, it can be done, and if you can't get everything sorted in the first instance with DWP alone, there is a very good chance of success on appeal to the tribunal. However, in my experience, DWP very rarely reduce awards they have just made!

If you haven't done so already, ask DWP to send a copy of the assessment report PA4. (You can phone them.) This may take longer than the allotted 1 month, if you have already had the original decision letter a while. However, it is always a good thing to have to refer to, and if you do need to go to the tribunal it will be ready for you.

Yes, there is a month to instigate the first stage of an appeal. Getting points under planning journeys etc is notoriously difficult, especially if you say you have "overwhelming psychological distress", but not impossible. If you have a copy of the claim/review form, match up what you have said to the descriptors in the member's guide and see how your situation fits within the different activities. Have you got a friend/relative who can write a brief statement to confirm what difficulties you have? Can you give examples of eg getting lost, panic attacks whilst out etc? - these will all help explain your condition to DWP. It is best to write a letter to DWP for mandatory reconsideration, but you can phone, and then send in a letter to confirm what's said.

I appreciate that you have learnt to accept your condition, and no doubt manage to do things in your own way. I suspect however that whilst you 'manage' this may not be to the acceptable standard, or in a reasonable time frame as set down in the law. (Time is more than twice the time of an able bodied person.) This may also be reflected in the way you make (or don't make!) journeys. Perhaps you can make some journeys, maybe to the local shop because you have nothing to eat, or to your GP because you are ill. Just because you can do something occasionally, doesn't mean to say this means that you can perform the PIP activity without problems, and therefore are not entitled to receive any points. Have a look at what happens for the majority of the time, and whether you avoid eg going out because it causes so much difficulty. DWP will sometimes ignore the fact that a claimant for the majority of the time avoids an activity due to health reasons, and wrongly focuses on the occasional times you 'manage'.

I don't know how old you are, but if you are around 65 you will need to consider the implication of your age. Although you can continue to claim PIP when over 65 if awarded to you before that age, the law is very clear - there can be no increase in mobility award after 65. Therefore if you are approaching 65, or turned 65 during this review, you will never be able to claim more than standard mobility unless you do appeal.

Any medical evidence you can get will help.

Good luck if you choose to appeal!

LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 2 months ago #256375 by Gary
Replied by Gary on topic Advice
Hi tarzan38

Just to add to LL26's post

Mobility component; The relevant age is 65 or State Retirement Age, whichever is the higher.

Gary

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4 years 2 months ago #256401 by tarzan38
Replied by tarzan38 on topic Advice
Many thanks for advice , I am 53 and have had the conditions for 30+ years ..it was my first time applying for pips so was happy to have been granted it all ,so I have decided not to go through with a mandatory review incase I might lose some of the award as it seems difficult enough to gain the extra points in the planning a journey through anxiety & depression..thanks again for advice..

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4 years 2 months ago #256408 by Gary
Replied by Gary on topic Advice
Hi tarzan38

Many congratulations on the award and well done. Getting a component of PIP is an achievement so well done even if you do not intend to request a MR you can now sit back and relax until you are re-assessed, the date should be on your award letter.

What you should do to get prepared for when you are re-assessed is contact DWP and ask for a copy of your assessors report (PA4) to see how the assessor scored you, I usually go through them with a highlighter highlighting any errors or assumptions made by the assessor especially if it was a phone assessment and they cannot see you and what pain you may be in when answering.

Gary

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