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DLA to PIP

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6 years 6 months ago #198599 by lorraine d
Replied by lorraine d on topic DLA to PIP
Hi Gordon, I did ring the DWP this afternoon and told the lady I spoke to that I wanted to do an MR. I explained the problem with them not sending me the assessors report when I first requested it and that the decision letter was dated 9th September thus giving me only a couple of days to submit the MR.

The lady was very nice, got my details up on her screen and told me I had one month from TODAYS date to submit the MR. I asked her if this was correct as I understood it was one month from the date of the decision letter. She assured me it was one month from today.

She did ask me if I wanted to submit the request in writing and I said yes. She gave me a freepost address to send the MR letter to ;but if I wanted to send by recorded post to send it to the address on the decision letter.

This gives me more time to put my case why I should get the other 2 points to get enhanced moving around.

In the report the assessor said that my condition is degenerative and would only get worse over time but suggested a review in 3 years. I am 67 now so have only this one opportunity to get enhanced mobility as I believe in future reviews that the award I get now on this section of PIP cannot be increased due to my age. I had the higher rate mobility on DLA for life;

I must say that all the people I have spoken to at the DWP have all been very nice, polite and helpful. best wishes Lorraine

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6 years 6 months ago - 6 years 6 months ago #198627 by slugsta
Replied by slugsta on topic DLA to PIP
Hi Lorraine,

I'm glad that the DWP employees you have encountered have been polite and helpful :)

Despite the assurances, I suggest you explain why the MR is late when you submit it.

You are correct, you will not be able to increase your Mobility award above whatever you get this time.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 6 months ago by slugsta.
The following user(s) said Thank You: lorraine d

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6 years 5 months ago #200130 by lorraine d
Replied by lorraine d on topic DLA to PIP
Hi, MR sent in and reply received and there is no change in awared. 9 points care and 10 points mobility.

The reasons give for same award for moving around are the same as the origianal awared and are based on what I was supposed to have said at the assessment.

I was asked 'can you walk half an aisle of a large supermarket' I replied 'No'

In the assessors report assessors says I said ' can manage half an aisle of supermarket' - she reported that I walked slowly, that I had limited function in my legs and that I appeared to be in pain. She marked the 25 to 50 metres box.

This was not the only untruth in the report but is the most significant in the moving around.

Other untruths were she reported seeing me walk 15 metres to the assessment centre. I didn't my husband dropped me off right by the door and I only had to walk the width of the pavement. She said I could crouch down - I was never asked and could not have done it if I had been.

she said I paid all my bills direct debit, I was never asked this it was not in my original submission and the subject was never brought up.

She said I went to the doctors on my own and everywhere else my husband takes me in the car. I never said I went to the doctors on my own. I don't its too far away.

I put all this in my MR but the second DM does not seem to have taken any notice of it and prefers to believe the assessor. If I had said I could walk 25 to 50 metres I would not be arguing that I cannot.

No attempt was made to find out could I do this repeatedly in the same day, or safely or in a timely manner. I also put this in my MR letter.

My husband wants me to appeal but I don't know if I can face this.

I did not supply any additional medical evidence as I don't have any. I am going to see the knee surgeon on the 17th Nov. as I have been having significant pain in my 15 year old replacement knee. I am having a bone scan this week. I am due to see the Consultant Rheumatalogist in November but have not got a date yet. So I will have some more medical evidence after I have seen these two consultants. My GP says she would expect the DWP to get in touch with her if they want her opinion.

Its clear the DWP have no interest in what ever illness is causing difficulty in daily living and moving about - but I am finding it difficult to prove that I can't walk more than 20 metres repeatedly, safely and in a timely manner. Especially as the DWP don't seem to believe a word I say. I am in significant pain all the time.

If I do ask for the appeal will my benefit be stopped until after the appeal or will they carry on at the rate awarded me now.

What happens - do I ring to ask for the appeal or write. Is there another form to fill in, what can I say. I am feeling very down just now - its difficult enough living with a chronic illness that is never going to get better without this additional stress. best wishes Lorraine

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6 years 5 months ago #200140 by Gordon
Replied by Gordon on topic DLA to PIP
Lorraine

Your current award will continue in payment if you make an appeal.

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

If you have further questions then please reply to this post 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 5 months ago #200142 by lorraine d
Replied by lorraine d on topic DLA to PIP
Hi Gordon, thank you for your quick reply. I never got a phone call from the DWP to discuss the MR with me, is this usual.

I do not know how I can prove I cannot walk more than 20 m repeatedly and safely.

I have told them this in writing both in original form and in MR submission. I told the assessor and although she observed I had difficulties in walking and she specifically asked me if I could walk more than 20 metres. I said No I can't. No mean No does not seem to apply in this case.

I know myself and my capabilities best, I have done the best to explain them with the back up of some medical evidence but it feels like hitting a brick wall when you are not believed. best wishes Lorraine

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6 years 5 months ago #200148 by Gordon
Replied by Gordon on topic DLA to PIP
Lorraine

There is no requirement for the DM to contact the claimant during an MR and it would be unusual for them to do so.

A Tribunal panel will have a much more open mind to the evidence before it than the DM but you may need to still consider how you have explained your problems.

You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.

Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.

The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.

If you walk slowly then it must take you at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.

You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.

I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?

You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide

www.benefitsandwork.co.uk/help-for-claimants/pip

So you need to explain what you can, how you are limited and why.

Gordon

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

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