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MOBILITY & FIBROMYALGIA

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5 months 2 weeks ago #292225 by fibrolady
MOBILITY & FIBROMYALGIA was created by fibrolady
LOOKING FOR SOME ADVICE. BACK IN 2019 I CLAIMED PIP FOR FIBROMYALGIA, ANXIETY & DEPRESSION, CARPAL TUNNEL SYNDROME, ANGINA, IBS, AND OTHER AILMENTS ASSOCIATED WITH FIBRO. I WAS AWARDED THE ENHANCED RATE OF DAILY LIVING, BUT REFUSED MOBILITY. SINCE THEN PEOPLE HAVE BEEN AWARDED MOBILITY FOR FIBRO, (WHICH IS EXCELLENT), I WAS WONDERING IF THERE IS ANYTHING I COULD DO CHANGE THIS. THERE SEEMS TO BE BACK PAYMENTS FOR EVERYTHING ELSE EXCEPT FOR THIS TYPE OF ISSUE WHERE THEIR DECISION NOT TO AWARD ME ANY MOBILITY WHATSOEVER CLEARLY WAS A WRONG DECISION. IN MY OPINION THIS TYPE OF ISSUE OUGHT TO UPDATED/CHANGED FOR CLAIMANTS WHO HAVE PREVIOUSLY BEEN REFUSED AS IS THEIR LIST OF ILLNESSES. PLUS THE FACT SINCE 2019 I GOT OPS FOR CARPAL TUNNEL IN BOTH WRISTS AND NOW I HAVE RAYNARDS DISEASE IN BOTH HAND, ALSO HAVE NEUROPATHY IN BOTH SOULS OF FEET, AS IF HAVING 18 TRIGGER POINTS WASN'T ENOUGH. AND THIS FIBRO FOG IS SO FRUSTRATING. BEING UNABLE TO COMMUNICATE PROPERLY BECAUSE YOU CANNOT GET THE WORDS OUT FOR WHAT YOUR TRYING TO SAY OR TYPE. I END UP GOING A LONG ROAD FOR A SHORT CUT. IF ANYONE HAS ANY ADVICE ON THIS TOPIC PLEASE SHARE. THANK YOU IN ADVANCE.

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5 months 2 weeks ago #292234 by BIS
Replied by BIS on topic MOBILITY & FIBROMYALGIA
Hi Michele

We ask members not to write in capital letters, as they are very difficult to read, and it appears that you're shouting at us (though I understand you're not).

If you have used your real name as your user name, then you should change it as these posts can be seen on the internet. Follow the link on this page "My full name is showing" benefitsandwork.co.uk/guides-for-claimants/faq/forum

There are two separate issues in your post.

No mobility award for your Fibro in 2019. I don't know why you were not awarded any mobility component. Did you get hold of your assessment report (PA4) at the time to find out why and did you put in for a Mandatory Reconsideration?

Your post sounds as if it's only after 2019 that people with Fibromyalgia were awarded the PIP mobility component - but that's certainly not the case. I know this from supporting people with the condition to claim and it was awarded before that date. There is nothing you can do now. It has always been the case that two people can appear to have the same condition and one will be awarded PIP and another will be denied. It comes down to symptoms, submitting the right evidence and a lot of luck with the assessor.

Additional conditions since 2019
If you want to apply for the PIP mobility component because your condition has deteriorated and you have additional symptoms, you can submit a 'change of circumstances,' which will trigger a review. You can ring the DWP at any time to set this in motion. I cannot tell you how long this will take, as new cases are their current priority.

If you didn't get your PA4 assessor's report from 2019, you could still request it. I know your condition has gotten worse, but there might be something in there that tells you why they didn't award mobility last timeā€”so you can make sure you have the evidence they want. I know you're struggling with fibro fog, but if you can keep a diary for a couple of weeks detailing your struggles, that could also be helpful evidence for any review.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jakkijax

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5 months 2 weeks ago #292266 by fibrolady
Replied by fibrolady on topic MOBILITY & FIBROMYALGIA
Hi, thank you for replying with great advice. My apologies for using capital letters before, I did not know not to use them. I definitely was not shouting at all. I never meant to make it sound as though I was implying that awards for mobility for fibro came after my application in 2019. Again I apologise, you see my point with this fibro fog, I can't always get out the correct use of my vocabulary/speech for what i'm trying to explain or discuss.

I am pretty sure that I have all of the letters I received from dwp, I even have a copy of my application form and I had help from the Disability Council Office with my application. For mobility section, I was awarded 4pts in moving around because i said that I can stand and then move more than 50metres but no more than 200 metres either aided or unaided. because I have a car and can drive, then according to that assessor this automatically makes me capable in planning and following a journey I do have the assessment report in which the assessor has decided that I am able on the majority of days to move around either aided or unaided and decided that she could not award me any mobility, yet she awarded me 4pts for moving around. such contradiction there. The assessor also stated that because i was not receiving any mental health professional regarding my anxiety and depression that ive had for a good number of years, and was only prescribed a standard dose of antidepressant medication. which was and still is Mirtazapine 45mg. I didn't appeal the decision as i have been down that road a few years prior to 2019 and I couldn't be bothered with such hassle, did not need additional stress.

My condition has deteriorated with a couple more health issues on top of that. I have downloaded some pdf's which i will be reading thoroughly before I submit a 'change of circumstances' form.

Thank you again for your valuable advice for which I'm deeply grateful
The following user(s) said Thank You: Chris

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5 months 2 weeks ago #292286 by BIS
Replied by BIS on topic MOBILITY & FIBROMYALGIA
Hi Fibrolady

Don't worry about the capital letters - but if we don't say - people don't know (and I knew you hadn't done it deliberately).

There is no doubt they will query your ability to drive. If you drive alone - they are unlikely to award you points for planning a journey because they will assume you made the decision to get in the car and know where you are going. If you have to be persuaded to drive or if you have help with planning that is a different matter.

Being able to drive has another issue for them - eg your fibromyalgia. If you're driving, you should be able to do an emergency stop; therefore, they will say that you have a certain amount of upper and lower body strength and ignore any pain you're in. They then say you don't have problems with cooking or dressing etc. So, if you are talking about your driving - be clear about how often you do it and what effort it takes you to do it. I know it seems unfair to be possibly discriminated against because you drive - but unfortunately, that's the current system. Make it clear to them that you have to drive if you are unable to use public transport.

Have a look at this post about PIP and driving benefitsandwork.co.uk/kunena/10-dla-esa-...8543-pip-and-driving

Come back and ask if you have any additional questions

BIS

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

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5 months 2 weeks ago #292293 by denby
Replied by denby on topic MOBILITY & FIBROMYALGIA
They are such s--ds over driving. I didn't get asked about emergency stops, just all the 'Core strength' stuff and fatigue. Core strength doesn't mean my legs work without considerable pain, I should point out that fallacy to the Judge.
But my OH's Motability car which I mostly drive to ferry him around, does its OWN emergency stops and brakes hard. It reacts faster than a human driver too. Not to mention an accompanying scary amount of red flashing warnings across the screen behind the wheel. I have had this happen a couple of times when people have turned across my path a bit close. So with a car like this, arguably even that might no longer apply. [btw, we don't like some other aspects of it, but it's a Skoda Kodiaq if anyone is curious]. I was at pains to point out that it does most things automatically and what I do have to control is touch screen not requiring strength or stamina. I'll let the forum know how my Appeal goes...if I can bear to depending on outcome.
The following user(s) said Thank You: Gary, LL26

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