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Should I appeal again?
- Charlie
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2 months 1 week ago #299213 by Charlie
Should I appeal again? was created by Charlie
Hi
I recently did a mandatory reconsideration and my award (for fibromyalgia) increased from having only the lower rate standard daily living to now having the lower rate mobility (10 points for moving around). However I expected to get points for not being able to do an unfamiliar journey but got 0. I explained in my appeal and on the telephone call I received that I only do a few familiar journeys. This is because I cannot focus on a new journey with my pain as it distracts me and overwhelms so I need a family member with me if I do go on an unfamiliar journey (which is rare) I told them that the last time I did was to a hospital that was 45 mins away that I didn’t know (my son was supposed to be with me but was late to get away from work so I had to drive myself!) I got confused en route, took a wrong turning and ended up on a dual carriageway that I couldn’t get off. When I eventually arrived at the hospital I was so distressed that I sat in the car for ages just crying! This affected me for the rest of the day. On familiar journeys I know the junctions coming up and whether I need to alter my mirrors as my neck pain means I cannot
Look sharp right or left. My question is do these reasons qualify me for points for not being able to drive on an unfamiliar journey? Thank you.
I recently did a mandatory reconsideration and my award (for fibromyalgia) increased from having only the lower rate standard daily living to now having the lower rate mobility (10 points for moving around). However I expected to get points for not being able to do an unfamiliar journey but got 0. I explained in my appeal and on the telephone call I received that I only do a few familiar journeys. This is because I cannot focus on a new journey with my pain as it distracts me and overwhelms so I need a family member with me if I do go on an unfamiliar journey (which is rare) I told them that the last time I did was to a hospital that was 45 mins away that I didn’t know (my son was supposed to be with me but was late to get away from work so I had to drive myself!) I got confused en route, took a wrong turning and ended up on a dual carriageway that I couldn’t get off. When I eventually arrived at the hospital I was so distressed that I sat in the car for ages just crying! This affected me for the rest of the day. On familiar journeys I know the junctions coming up and whether I need to alter my mirrors as my neck pain means I cannot
Look sharp right or left. My question is do these reasons qualify me for points for not being able to drive on an unfamiliar journey? Thank you.
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- BIS
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2 months 1 week ago #299286 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Should I appeal again?
Hi Charlie
I can't tell you whether you should appeal or not only that is a decision you can make. Here are a couple of things that are causing you potential problems. Obviously, I can only comment on what you have written here - so I could be wrong and I understand what you're saying, but it's not me you have to convince. So please don't be offended by anything I say below; I'm only going to say what I think may be the DWP's attitude.
You've told them you drive a car, and you manage familiar journeys - so they have fixed onto that. I don't know whether you said you do those alone or whether you are always accompanied or how often you get in the car. However, they have probably decided that your pain is not bad enough to stop you from driving. You might have told them that the pain in your neck stops you from looking right or left without adjusting mirrors. Be very wary of pushing that point because a couple of our members have found that the DWP wrote to the DVLA saying that PIP claimants are saying that they are in pain and can't move properly, in which case they shouldn't be driving, and they subsequently lost their licences.
So with their attitude already entrenched - onto the familiar journey. You gave one example here and that sounds distressing and frightening. DWP attitude - 'lots of people take wrong turnings" and you did actually do it alone. You don't take many unfamiliar journeys - DWP attitude - that is a choice and not because she can't do it.
If you're attaching your ability to struggle with unfamiliar journeys - by linking it to your pain, they will wonder why you don't experience the same on a familiar journey. If you argue it is down to increased stress or confusion, you need to show that is linked to your fibro without making it sound as if you shouldn't be in a car. You see, you could argue that the cognitive dysfunction (brain fog) caused by your fibro makes it more difficult to cope, but it's a balancing act. You say you don't take unfamiliar journeys so did you argue that you need encouragement from family members to try or do you not take them because you cannot be persuaded to do so. - (this is difficult as you've told them you did it)
I don't know whether you considered other modes of transport. The DWP is supposed to consider it. So you could argue that you aren't able to use other modes of transport (fear, lack of availability, too painful to get in and out of buses or taxis) and you can say that you are unable to walk!
Despite everything I've said, nothing should stop you from fighting your corner and appealing their decision. I hope I've given you some pointers on what might be their possible line of attack if you do.
One last question - did you get a copy of the PA4 report to see if there was any reason given for why they didn't award you that in the first place?
BIS
I can't tell you whether you should appeal or not only that is a decision you can make. Here are a couple of things that are causing you potential problems. Obviously, I can only comment on what you have written here - so I could be wrong and I understand what you're saying, but it's not me you have to convince. So please don't be offended by anything I say below; I'm only going to say what I think may be the DWP's attitude.
You've told them you drive a car, and you manage familiar journeys - so they have fixed onto that. I don't know whether you said you do those alone or whether you are always accompanied or how often you get in the car. However, they have probably decided that your pain is not bad enough to stop you from driving. You might have told them that the pain in your neck stops you from looking right or left without adjusting mirrors. Be very wary of pushing that point because a couple of our members have found that the DWP wrote to the DVLA saying that PIP claimants are saying that they are in pain and can't move properly, in which case they shouldn't be driving, and they subsequently lost their licences.
So with their attitude already entrenched - onto the familiar journey. You gave one example here and that sounds distressing and frightening. DWP attitude - 'lots of people take wrong turnings" and you did actually do it alone. You don't take many unfamiliar journeys - DWP attitude - that is a choice and not because she can't do it.
If you're attaching your ability to struggle with unfamiliar journeys - by linking it to your pain, they will wonder why you don't experience the same on a familiar journey. If you argue it is down to increased stress or confusion, you need to show that is linked to your fibro without making it sound as if you shouldn't be in a car. You see, you could argue that the cognitive dysfunction (brain fog) caused by your fibro makes it more difficult to cope, but it's a balancing act. You say you don't take unfamiliar journeys so did you argue that you need encouragement from family members to try or do you not take them because you cannot be persuaded to do so. - (this is difficult as you've told them you did it)
I don't know whether you considered other modes of transport. The DWP is supposed to consider it. So you could argue that you aren't able to use other modes of transport (fear, lack of availability, too painful to get in and out of buses or taxis) and you can say that you are unable to walk!
Despite everything I've said, nothing should stop you from fighting your corner and appealing their decision. I hope I've given you some pointers on what might be their possible line of attack if you do.
One last question - did you get a copy of the PA4 report to see if there was any reason given for why they didn't award you that in the first place?
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Mark
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2 months 1 week ago #299294 by Mark
Replied by Mark on topic Should I appeal again?
Hi Charlie
I would say go ahead and do it. It’s not just the appeal you are doing but also another decision maker will look at it and possibly agree with you and give you the award you want and end the need for an appeal. With the possible backlog of cases I think this forum has previously mentioned it gives you another shot.
This happened to me. Was getting enhanced in both but following phone assessment they took away my daily living and reduced my mobility. I appealed and a nice woman phoned me up and told me she was looking at reinstating my award.
There are some decent people who work in this business. They are not all like DWP secretaries who seem to be chosen to lie, smear, and vilify the sick and disabled. There are plenty who are sickened by the hate speech. Even Starmer going into the the Express “news” paper and then walking out with a new term “handouts” while disabled people are being attacked in the street.
I say to anyone: take it all the way. That’s what the haters don’t want you to do. That’s why they brought in MR’s. Lot of people drop out. Those that fail MR many more drop out. If you lose the appeal then that’s a tough one. Either you look at starting all over again or you just accept that maybe you can do some kind of work.
The way I see it the assessors are biased and many incompetent. Those who carry out MR’s many don’t bother doing a proper job. Those DM’s who look at claim before it goes to appeal some are decent people many no different from MR’s. I like to think that the appeal really is completely independent of government and maybe we can trust them even if it doesn’t go our way. I don’t know yet what I will do when that day comes.
All the best.
Mark
I would say go ahead and do it. It’s not just the appeal you are doing but also another decision maker will look at it and possibly agree with you and give you the award you want and end the need for an appeal. With the possible backlog of cases I think this forum has previously mentioned it gives you another shot.
This happened to me. Was getting enhanced in both but following phone assessment they took away my daily living and reduced my mobility. I appealed and a nice woman phoned me up and told me she was looking at reinstating my award.
There are some decent people who work in this business. They are not all like DWP secretaries who seem to be chosen to lie, smear, and vilify the sick and disabled. There are plenty who are sickened by the hate speech. Even Starmer going into the the Express “news” paper and then walking out with a new term “handouts” while disabled people are being attacked in the street.
I say to anyone: take it all the way. That’s what the haters don’t want you to do. That’s why they brought in MR’s. Lot of people drop out. Those that fail MR many more drop out. If you lose the appeal then that’s a tough one. Either you look at starting all over again or you just accept that maybe you can do some kind of work.
The way I see it the assessors are biased and many incompetent. Those who carry out MR’s many don’t bother doing a proper job. Those DM’s who look at claim before it goes to appeal some are decent people many no different from MR’s. I like to think that the appeal really is completely independent of government and maybe we can trust them even if it doesn’t go our way. I don’t know yet what I will do when that day comes.
All the best.
Mark
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- Charlie
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2 months 1 week ago #299326 by Charlie
Replied by Charlie on topic Should I appeal again?
That’s very helpful and given me food for thought thank you!
There was no mention or explanation given as to why I received 0 points for this.
I also spoke to someone at the citizens advice who helped me originally with my application 4 years ago and she emphasised the ‘planning’ part was also important. I guess as my award has increased I don’t want to jeopardise it and put myself ‘thro the stress even though I feel entitled. To confirm also that the familiar routes I do - of which there are about 4-5 - are no more than 20 minutes long. If I’m on a familiar journey I might be in pain but it’s not hindering me navigating and I know that I’m only a short journey back home.
There was no mention or explanation given as to why I received 0 points for this.
I also spoke to someone at the citizens advice who helped me originally with my application 4 years ago and she emphasised the ‘planning’ part was also important. I guess as my award has increased I don’t want to jeopardise it and put myself ‘thro the stress even though I feel entitled. To confirm also that the familiar routes I do - of which there are about 4-5 - are no more than 20 minutes long. If I’m on a familiar journey I might be in pain but it’s not hindering me navigating and I know that I’m only a short journey back home.
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- Charlie
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2 months 1 week ago #299327 by Charlie
Replied by Charlie on topic Should I appeal again?
Really appreciate your reply Mark, thank you.
I will give myself a few more days to decide whether to pursue.. (don’t even get me started on Starmer!)
I will give myself a few more days to decide whether to pursue.. (don’t even get me started on Starmer!)
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