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TOPIC: lost pip for mobility.

lost pip for mobility. 3 weeks 1 day ago #194218

Hi,when I initially filled out my pip application I was not aware of benefits and work. Co.uk ,I am now a member and I am starting a mandatory reconsideration appeal,on the grounds that the dwp have underestimated my mobility needs. I consider that I should of been awarded 12 points for mobility descriptors. On my award letter I was awarded 8 points for the daily living needs,and 4 points for mobility. In my award letter the dwp claim that I advised the assessor that I could walk 5/6 minutes at a slow pace. I never said any such thing and I also have a witness to what happened and to what was said. Also in the award letter the dwp go on to say that I did not supply enough evidence,I was under the impression that the dwp contacted your gp for a medical report,I was wrong. I have since requested a medical report from my gp and this will go with my mandatory appeal and also a letter from my witness to state that the medical assessor never asked about my mobility issues,in fact the the assessors medical consisted of me sitting down and the medical assessor touching my knees with her finger tip, also touching my ankles with her finger tips, and the asked me to grip her finger with my hands. People I am requesting any help or advice I can get to help me fight the dwps decision and try and get it overturned. I have been on DLA from 2001 at both high rates for the indefinite period, in my opinion my health has deteriorated and the only change is that I am being transferred from DLA to pip. Once again any advice please.

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B

lost pip for mobility. 3 weeks 1 day ago #194232

B

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


It's not clear from your post whether you are considering challenging the Daily Living award or not, if you do then it should be because you believe you meet the criteria for the 12 points needed for a higher award and not because you previously received FLA HRC, this was awarded for fundamentally different reasons than PIP.

As to the Mobility, although this applies to the Daily Living activities as well, you need to be able to complete the activities "reliably" and on the "majority of days" so consider whether these terms, which are explain in our PIP Claim, are applicable to your walking.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, 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.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

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

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

lost pip for mobility. 3 weeks 1 day ago #194255

Gordon, thank you very much for the advice. Just rung pip and requested a copy of medical assessment,and also sent the request in writing. I am sending my mandatory reconsideration tomorrow with my gp medical report and a statement of truth letter explaining that my mobility issues were never raised,and we are bewildered as to how the assessor come to the conclusion that she came to.

Be back in touch soon.

B.

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B

lost pip for mobility. 2 weeks 3 days ago #194551

Hi Gordon,

Got my AP report back from the DWP. The reason I did not get the full award for the mobility part of PIP appears to be based on this comment,"appeared well balanced while standing",I am gobsmacked. The Assessor at the time of the assessment asked me to stand up,my brother helped me up and put my elbow crutches on to my arms,I was very shaky,I asked the Assessor would you like to see me walk,she said no I have seen enough,my brother took my crutches off me and sat me back down. I rung the DWP this morning to see whether they received my mandatory appeal,they have received my appeal. My GP wrote a letter explaining my issues and they have been diagnosed. Just need to wait and see what happens now,any advice please.

Thanks,

Bernard.

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B

lost pip for mobility. 2 weeks 3 days ago #194553

Hi Bernard,

Do you feel that you have explained how/why you meet the criteria for a ,mobility award? If so, all you can do - as you say - is wait and see what the MR brings.

I must warn you that it is not common for the MR to do anything other than 'rubber stamp' the original decision but that is not to say it is impossible.

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