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Refused 'Moving Around' component because I said that I drive a car

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9 months 1 week ago #287966 by Mae20
Hi,
I wonder if someone can give me some advice? I completed and submitted my PIP Review form in January 2023. On 30th November 2023 (10 months later, and without a face to face assessment), I was informed that the review was complete and that they'd upped my points to 15 Daily Living, and 10 Mobility (previously, my points were 13 for DL, and 0 for Mob). They said the award will start from the 30th November 2023 until 30th November 2029.

In the meantime, I suffered several slipped disks from July 2023, and had emergency operation on my spine in December 2023. Because I'd spent 9 days in hospital, I had to report a 'change of circumstances'. I completed and sent of a detailed form on 24th January this year - 2024. In the form I said that I hadn't been able to stand, sit or walk for more than a few minutes since July last year.

I had also asked for a MR of the PIP Review award, saying that the award should start from when I informed them of my change of circumstances (ie, 21st January 2023) not when the decision was made (in November 2023).

I still haven't heard from the DWP about the MR, but I've just received a decision letter about the 'Change of Circumstances' application. I have been awarded the same points, but the review date has been changed from 30th November 2029 to 3rd February 2024! They've justified this by saying "I have changed the length of the award because your circumstances have changed and your needs are likely to last for a longer period. I have decided to award your PIP for a shorter time because you've recently had an operation."

Also, they said that my hospital discharge letter says I had no complications and are expected to recover well from the operation. The letter says that because I said that I drove a car (I didn't say that in the Review, although I said it in the original PIP application), means that I have "good use of my lower limbs". I am still struggling to sit, stand or walk, and although I can do more, I need to lie down after any excursion, and I'm often in pain and exhausted the next day.

I want to appeal the decision, as it seems, arbitrary, contradictory and unfair. I'd appreciate any thoughts, comments or advice!

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9 months 1 week ago #287972 by Gary
Hi Mae20

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

We do hear this quite a lot on the forum where claimants drive, LL26 did a very good post on this subject matter which I pinned to the start of the posts; www.benefitsandwork.co.uk/kunena/10-dla-...8543-pip-and-driving

In your post you state that you reported a change of circumstances in January 2024 (2nd paragraph).

Have you requested a copy of the assessors report called a PA4?

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 months 1 week ago #287978 by Mae20
Hi Gary,

Thanks for your reply. I followed the FAQs link, but it just references forum posting questions. I also had a look at LL26's post, and although its very informative, it mainly deals with car driving and 'Daily Living'. My issue is about refusing to points for difficulties with 'Moving Around', because apparently driving demonstrates 'good lower limb ability'.

Does that mean that unless you have a disability adapted car, anyone who drives would not be eligible for any 'Moving Around' points?

I have been awarded 10 points for 'Planning a Journey' (which still remains). I've searched the site for information on driving ability and being penalised points for Moving Around, and I can't find anything. There is helpful information on driving ability impacting on points awarded for 'Planning and Following a Journey', but nothing on 'Moving Around'. Have I missed it?


Thanks,

Mae20

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9 months 1 week ago #288008 by Gordon
M

No, it does not mean that only those with an adapted car might score but you do need to think about what your driving allows you to do.

Consider a shopping trip. The disabled bays for my local supermarket are at least 20m from the front door, the aisles are probably 25m long, and you might have to stand in a queue to pay, that's a lot of walking.

So it's not just what is involved in driving, which is actually quite a weak argument for Moving Around but why you are actually doing it that is being considered.

It is the exceptions to your stated limitations that can undermine your arguments the most.

I would suggest that your counter-arguments are empirical, how far you can walk, how long does it take you, do you have to stop, what effect does this walking have on you, could you repeat the distance within a reasonable time, what is you walking like; do you stumble have problems with balance.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 months 6 days ago #288039 by Beragon
Hi Mae,
Not wanting to suggest that I am at an advisor but would like to tell you of my experience. If they start to bang on about you using a car this is a good thing as it suggests they havent got much else on you. They need to say something, so they prattle on about you being able to drive. Shite !! Ignore this ! Keep going and appeal if necessary
The following user(s) said Thank You: BIS

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9 months 6 days ago #288083 by denby
Beragon, I love your comment it has the ring of truth! Exactly my plan!

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