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TOPIC: Do I Appeal, Mobility?

Do I Appeal, Mobility? 1 month 1 day ago #197336

Can you believe it, DWP assessor has stopped my appeal because I drive a car. Stating I must have upper body strength and lower body strength to enable me to drive a car. Forget my lower back problems. They twisted my husband's supporting letter. I am sick to the stomach. I have been awarded standard PIP care. So I thought that personal independent payment was in fact what it says. Independence, how do you get that but by driving. Do I appeal, I'm worried I will loose what I have been awarded. It's the principal, taking things out of context. Can I send the DWP a letter of my concerns. I am so mixed up. Can you help.

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Do I Appeal, Mobility? 1 month 1 day ago #197348

East Anglia Girl

Only you can decide whether to challenge the Decision!

The mobility activities do not consider your ability to drive, so this is not the reason that an award has been refused, the Decision Maker has decided that you have no problems going out or following a route and that your walking is not so restricted that it warrants an award.

You will need to look at how you described your problems for the two Mobility activities to see why you did not score the minimum of 8 points needed.

If you want to challenge the Decision then 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
The following user(s) said Thank You: East Anglia Girl

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

Do I Appeal, Mobility? 4 weeks 7 hours ago #197511

Thank you for replying, after much thought and sleepless nights I am going to appeal. I don't think all my health conditions have been taken into account. I suffer from CFS/FMS/chronic back pain from a bulging disk. Plus IBS caused by stress along with all those associated health problems like head aches etc. Walking is painful and slow at time I'm unable to do the simplistic of tasks. I have explained this many times. I not arguing the care side of it, I was awarded standard rate.

I feel the health professional at my atos. Interview was in a hurry, putting words into my mouth. From body language and her assessment she has got me all wrong. My Mandatory reconsideration upheld the first decision, twisting my hubbys words to suit their decision.

The 300 meter ruling has that ever been challenged?
I have read all your info on appeals. To be honest It's all quite overwhelming. I keep asking myself is it worth all the trouble, but what about all those other people who need mobility. If I don't challenge then I feel I'm letting all of us down.

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Do I Appeal, Mobility? 3 weeks 6 days ago #197518

I don't understand your comment about 'the 300 meter ruling'?

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Do I Appeal, Mobility? 3 weeks 5 days ago #197665

The dwp., Assessor stated in my response the Quote " You told the health professional that on majority of days you walk 10 minutes before needing to stop. DWP guidelines indicate walking at a slow pace for 1 minute equates to a distance of 30 meters. As you state you walk 10 minutes you are saying you walk 300 meters. I have decided you can stand and walk more than 200 meters either aided or unaided."

The health professional did not say that I stop a number of times during that 10 minutes to ease the pain. Stop and rested to me is sit and take the weight of my spin. I covered half the distance, so my thoughts are has the DWP ever been challenged on their equations. I feel the Need.P did not record the full explanation of many of my answers at my 47 minute interview and drew too many of her own conclusions, the the DWP assessor just agreed with her. I await your comments . I need to finish my appeal letter by Friday. Sending on Monday.

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Do I Appeal, Mobility? 3 weeks 5 days ago #197667

East Anglia Girl

The 30m per minute are derived from respected sources, for example the Ministry of Transport use them to set the times for traffic signals. This is for someone walking very slowly, a healthy adult would mange between 72m and 90m in a minute, so there calculation of how far you could walk in 10 minutes is not unreasonable at first glance.

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 distance 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
The following user(s) said Thank You: TheMerlin486

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