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PIP decision

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6 years 11 months ago #187778 by 9Winnie
PIP decision was created by 9Winnie
I received my pip decision today, standard rate for both care and mobility. Previously I had higher rate dla. Looking back over the mobility questions on the form I received no points for planning and making a journey whereas I had pointed out that I cannot go out without someone with me due to my mobility issues as I walk with crutches and have very unreliable knees which give way. I was awarded 8 points in moving around as I ticked the box saying I could walk between 20 and 50 metres. On looking back over some q and a's I think I maybe should have ticked the box up to 20 metres as even though I can walk between 20 and 50 it is not reliable and without pain. Do you advise me doing a mandatory reconsideration?

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6 years 11 months ago #187781 by Gordon
Replied by Gordon on topic PIP decision
Winnie

If the underlying problems you have with leaving the house are physical ones, as your post suggests, then I would not expect you to score points for the Going Out activity as this only considers mental health, cognitive or sensory problems.

Adjusting the distance you can walk will be difficult and you will need to explain why you did not tick the correct distance in the first place. You should be prepared to go to appeal over the matter as DM's regularly argue that the first statements from the claimant (the PIP2) are far more reliable than those made later.

You are not required to walk without pain, but any pain that limits the distance that you can walk should be taken into account, also, if you can show that your are in severe pain when walking, then you can argue that any distance you can walk should be discounted as you are not walking to a necessary standard.

You need to explain the distance that you can walk reliably on the majority of days.

If you want to go ahead with an MR then this 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

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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

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6 years 11 months ago #187805 by 9Winnie
Replied by 9Winnie on topic PIP decision
Thanks Gordon. I can't believe how stupid I've been. Every step I walk is painful and there is always the chance my knee gives way. I ticked the second box as I knew I'd have to walk at least 20 metres to the assessment centre.

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6 years 11 months ago #187834 by 9Winnie
Replied by 9Winnie on topic PIP decision
I've just looked over my pip form and even though I ticked the box for 20 to 50 metres in the moving around section I did say on the written part that at the moment I cannot walk without pain and discomfort at all. Will this help if I appeal?

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6 years 11 months ago #187888 by Gordon
Replied by Gordon on topic PIP decision

Winnie wrote: I've just looked over my pip form and even though I ticked the box for 20 to 50 metres in the moving around section I did say on the written part that at the moment I cannot walk without pain and discomfort at all. Will this help if I appeal?


If you appeal then you can provide additional information to help explain what you have written on the PIP2.

Gordon

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

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6 years 10 months ago #188307 by 9Winnie
Replied by 9Winnie on topic PIP decision
I have received details of my points score
I said I need help from someone to prepare and cook a simple meal however was only awarded two points as they said I need an aid or appliance. I advised I needed help getting in and out of the bath however given two points for needing an aid or appliance. I advised I needed help,to dress my lower body and was given 0 points. Reasons given were my gripping ability when using my crutches.
For the mobility part I was given 10 points because I was observed walking 20 metres twice!
In a quandary as to whether to ask for mandatory reconsideration. Incidentally award is only for three years.

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