MR wording

denby

I'm not sure it would be a winning argument, assessors are allowed to consider activities like driving a car when considering whether a claimant can complete one or more of the PIP activities.

They certainly make assumptions of capability as a result and rarely justify them in the context of the Activity, however, I think you would be served by arguing you meet the criteria of the Descriptors rather than addressing the "driving" issue directly.

Think about what the assessor may be suggesting. For example; holding a steering wheel might imply good grip and therefore an ability to hold wash clothes and make your arguments accordingly.

Gordon

Hi denby

I am sorry to hear the driving issue has risen its ugly head yet again.

I don't think your statement is too strong, but your argument that washing and dressing require more physical movement may be hard for them to swallow (even though I understand where you're coming from - ideas down below). The problem everyone has with the car is that whether it is automatic or not - you need to be strong enough to do an emergency stop, which requires some upper body strength - particularly if you need to stop the car from swerving.

Obviously, you're not having to swerve all the time - I'm just saying that's how the DWP seems to justify their attitude to driving. Have a look at this post - that LL26 put up some time ago about driving, which will strengthen your argument that you have had to give up things that are normal, such as washing and dressing, because of your difficulties. I would try and detail just how much energy is needed to actually take a bath. No one understands that if they've never suffered from exhaustion - and I'm talking about the unique exhaustion associated with various disabilities - not the "oh I am so exhausted' which people love to use when what they mean is they are tired! benefitsandwork.co.uk/kunena/10-dla-esa-...8543-pip-and-driving.

Have you been back to look at the guide to PIP claims and reviews (page 80 onwards) about what the Upper Tribunal ruling said about driving? They are certainly supposed to consider all modes of transport - and consider any choices. They are not supposed to penalise you because you drive (I would put in a quote from that ruling that they failed to consider all aspects).

I don't know whether you have said anything about having to drive to support your daughter. Only put in if relevant.

I'm sure Gary will pop on if he can think of anything that might help. I know this is the last thing you need!

BIS