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Mandatory Reconsideration PIP

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6 years 6 months ago #196762 by darkchild101
Mandatory Reconsideration PIP was created by darkchild101
I was previously o standard rate for care and mobility and applied for a change of circs as my conditioned worsed and i had to stop work. I was awarded enhanced rate Care component with 16 points and 10 points standard mobility. Previously i had been given only 8 on mobility.

I really struggle with mobility, sometimes i lierally cant get out of bed and wish to request an MR on this part. I have already called and advised them and they said i have 28 days from date of the call. What help can you and advice can you offer me in doing so please and any leaflets or guides would come in handy. They said they oberved me walking 10 meters with a slight hunchback and said because i attended assesment sentre on my own it meant i had no difficulty travelling alone. I had asked them to give me a home assesment which they refused even though my award was on the back of a home visit. I had nobody to take me there and had to get a cab at great expense to myself.

Thanks

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6 years 6 months ago #196782 by Gordon
Replied by Gordon on topic Mandatory Reconsideration PIP
Thabo

Have a look at the PIP Claim guide and the Giving Persuasive Information About How Far You Can Walk document in the DLA section.

You don't say what you actually scored for but on the assumption that the 10 points were for the Moving Around, then you will need to show that your walking is limited to 20m or less to score the 12 points for an Enhanced award.

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

Gordon

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

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6 years 5 months ago #198729 by darkchild101
Replied by darkchild101 on topic Mandatory Reconsideration PIP
Hi Gordon
Thanks for your reply. I scored 10 points on moving around. They said the fact I attended assesment alone meant I had no anxiety issues even though I had written asking them to move it to a home assesment like first time I claimed. I genuinely had noone who could accompany me to the centre so I took a taxi

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6 years 5 months ago #198747 by Gordon
Replied by Gordon on topic Mandatory Reconsideration PIP

Thabo wrote: Hi Gordon
Thanks for your reply. I scored 10 points on moving around. They said the fact I attended assesment alone meant I had no anxiety issues even though I had written asking them to move it to a home assesment like first time I claimed. I genuinely had noone who could accompany me to the centre so I took a taxi


Realistically you are going to struggle to score for the Going Out activity if you attended alone, so can you show that your walking is limited to 20m or less?

Gordon

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