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Indefinate DLA to PIP
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6 years 10 months ago #191913 by Linda
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Replied by Linda on topic Indefinate DLA to PIP
Hi Gordon
The assessor seemed keen to know where I go in my car, how far I drive, who I see and what do I do. The question was phrased to appear as though she was just being friendly and chatty. But in hindsight I'm not sure if she was trying to trick me into saying I have a busy social life and not confined to the house most of the time. I answered in the same manner, but I don't know if I've shot myself in the foot by telling her that I do go out, although the frequency of my going out and social life is almost none existent.
What is that about?
Thanks
The assessor seemed keen to know where I go in my car, how far I drive, who I see and what do I do. The question was phrased to appear as though she was just being friendly and chatty. But in hindsight I'm not sure if she was trying to trick me into saying I have a busy social life and not confined to the house most of the time. I answered in the same manner, but I don't know if I've shot myself in the foot by telling her that I do go out, although the frequency of my going out and social life is almost none existent.
What is that about?
Thanks
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6 years 10 months ago #191927 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Indefinate DLA to PIP
Linda
It could be to do with socialising, the DWP see driving as synonymous with walking and of course people drive to other places which might also include walking. Also, driving requires attention and cognitive ability.
Gordon
It could be to do with socialising, the DWP see driving as synonymous with walking and of course people drive to other places which might also include walking. Also, driving requires attention and cognitive ability.
Gordon
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6 years 9 months ago #192577 by Linda
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Replied by Linda on topic Indefinate DLA to PIP
Hi Gordon,
I've received a copy of the assessor's report which shows which components I qualify for and the appropriate box ticked, thus my calculation of points awarded is:
Living component: 13
Mobility: 10 (walking 20 metres using an aid)
The above is thanks to the information and knowledge I have gained as a member of Benefits & Work website, otherwise I believe the award would be much lower.
However, I still need to await the official letter stating if I quality for PIP or not. Although it seems I qualify for PIP (living component), but the mobility component awarded will mean that my Motability car will need to be returned. Based on my own estimation the points should be much higher, but it makes no difference to the living component but certainly does on the mobility. Yes I can walk 20 meters but I have to stop for a rest. The assessor asked me to walk from my settee to the kitchen door approx 3 meters at the most (and return after a rest).
Without my car I am almost house bound.
I understand that whatever points I am awarded for mobility at my age (64) can't be altered is this correct? Can I appeal on the mobility component without the risk of loosing points on the living component? Do I have to wait for the official PIP award letter to begin appeal?
What are my options please?
Thank you
I've received a copy of the assessor's report which shows which components I qualify for and the appropriate box ticked, thus my calculation of points awarded is:
Living component: 13
Mobility: 10 (walking 20 metres using an aid)
The above is thanks to the information and knowledge I have gained as a member of Benefits & Work website, otherwise I believe the award would be much lower.
However, I still need to await the official letter stating if I quality for PIP or not. Although it seems I qualify for PIP (living component), but the mobility component awarded will mean that my Motability car will need to be returned. Based on my own estimation the points should be much higher, but it makes no difference to the living component but certainly does on the mobility. Yes I can walk 20 meters but I have to stop for a rest. The assessor asked me to walk from my settee to the kitchen door approx 3 meters at the most (and return after a rest).
Without my car I am almost house bound.
I understand that whatever points I am awarded for mobility at my age (64) can't be altered is this correct? Can I appeal on the mobility component without the risk of loosing points on the living component? Do I have to wait for the official PIP award letter to begin appeal?
What are my options please?
Thank you
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6 years 9 months ago #192583 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Indefinate DLA to PIP
Kinda
You can't do anything until a Decision is made and you have been notified.
If you think that you have scored 10 points then you have been assessed as
d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points.
if the award is made as assessed, then you cannot receive a higher Mobility award once you are 65, it can however be removed at a future assessment.
The first stage to challenging the Decision is for you to request a Mandatory Reconsideration. An MR re-makes the Decision and can both increase, reduce and remove an award. It doesn't happen very often, but it does happen so you need to consider the risk before proceeding.
Your request for a Mandatory Reconsideration needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
If you don't expect to score for Going Out then you will need to show that your walking is limited to 20m or less. You need to do this reliably and on the majority of days. You are not required to walk without pain, but any pain that limits the distance you can walk should be considered. If you always walk in severe pain then you can argue that you are not walking to a necessary standard.
Gordon
You can't do anything until a Decision is made and you have been notified.
If you think that you have scored 10 points then you have been assessed as
d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points.
if the award is made as assessed, then you cannot receive a higher Mobility award once you are 65, it can however be removed at a future assessment.
The first stage to challenging the Decision is for you to request a Mandatory Reconsideration. An MR re-makes the Decision and can both increase, reduce and remove an award. It doesn't happen very often, but it does happen so you need to consider the risk before proceeding.
Your request for a Mandatory Reconsideration needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
If you don't expect to score for Going Out then you will need to show that your walking is limited to 20m or less. You need to do this reliably and on the majority of days. You are not required to walk without pain, but any pain that limits the distance you can walk should be considered. If you always walk in severe pain then you can argue that you are not walking to a necessary standard.
Gordon
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6 years 9 months ago #192662 by Linda
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Replied by Linda on topic Indefinate DLA to PIP
Hi Gordon
Thank you for your advice which I am considering carefully.
I would like to clarify something you stated:
Do I take it that this means that as I have been assess a Lower Mobility award at 64, this cannot be increased after 65 even if my mobility has decreased? The report states they would assess me again in 3 (67) years, would this mean that the mobility component either remains at the Lower Rate? Or removed forever if considered that my mobility has improved?
Thank you for your advice which I am considering carefully.
I would like to clarify something you stated:
"If you think that you have scored 10 points then you have been assessed as
d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points.
if the award is made as assessed, then you cannot receive a higher Mobility award once you are 65, it can however be removed at a future assessment."
d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points.
if the award is made as assessed, then you cannot receive a higher Mobility award once you are 65, it can however be removed at a future assessment."
Do I take it that this means that as I have been assess a Lower Mobility award at 64, this cannot be increased after 65 even if my mobility has decreased? The report states they would assess me again in 3 (67) years, would this mean that the mobility component either remains at the Lower Rate? Or removed forever if considered that my mobility has improved?
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6 years 9 months ago #192669 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Indefinate DLA to PIP
Linda
Yes, you cannot receive a higher Mobility award once you pass the age of 65.
Gordon
Yes, you cannot receive a higher Mobility award once you pass the age of 65.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Linda
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