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TOPIC: DLA to PIP - driving a manual car appeal?

DLA to PIP - driving a manual car appeal? 1 month 5 days ago #199410

Looking for advice or general info. In changing from DLA to PIP I have gone from lower rate care and higher rate mobility for life to enhanced rate for both for 2 years because "my needs may change" (degenerative condition so I doubt it!). Points scored are very close to enhanced rate for both but not quite there. Question is, should I appeal?? Main reasons for not getting more points seem to be around the fact that I still work (p/t 2 days p/w and not full days ... self employed because no-one else will have me lol) and drive a manual car. Bit of a catch 22 here because I only drive to get to work and only work because I can still drive, couldn't get there any other way! How have individuals argued against these being comparable to having sufficient power and dexterity in the upper limbs and driving being comparable to walking?? Tried to make my points in MR but they only changed one descriptor in the care element as a result. How many individuals have had the decision based on these two factors overturned by appeal/tribunal and did they have difficulties in disproving the comparables of working/driving to the activities. Not sure fight is worth it for 2 years of allowance and possibly having to start the process again regardless of decision, been stressful enough as it is, losing car etc. Also, I don't really want to risk the decision I already have if its a lost cause. Thanks in advance for any input.

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DLA to PIP - driving a manual car appeal? 1 month 5 days ago #199417

Janie

Your post says that you have been awarded the Enhanced rate for both components, did you actually mean the Standard rate?

I'm afraid PIP does not consider your ability to drive, whether you work or not and in particular, whether you could continue to work if your car is removed.

A higher award will only be made by your showing that you should score higher than you have. All I can suggest at this stage is that you go through our PIP Claim guide to see if you can reasonably meet the criteria to score more points.

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

If you have further questions then please reply to this post 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

DLA to PIP - driving a manual car appeal? 1 month 5 days ago #199426

Thanks Gordon.

Yes, I did mean standard rate for PIP sorry.

I do feel I meet the criteria, have read the guides and made my arguments but it's like banging your head against a brick wall. Driving a manual car seems to be their favourite quote ... the points I made in my MR (majority of the time, repeatedly, without pain, etc.) have not changed their decision ... it's like you say you drive a manual car ... computer says no!!! It's like you have to find the magic answer!

Surely someone out there knows how you argue this point to make DWP see sense??

Simple solution seems to be accept decision and buy an automatic car in 2 years when allowance is up for renewal! I want to fight decision because of the injustice of it all but stress of it just drags you down and wears you out which, is what they want!

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DLA to PIP - driving a manual car appeal? 1 month 5 days ago #199428

JAnie

An appeal panel will take a much more balanced view of the evidence before them, you will also have an opportunity to present your case both in writing and orally.

Gordon

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

DLA to PIP - driving a manual car appeal? 1 month 4 days ago #199446

Janie - my friend had the "manual car" mentioned in her DLA to PIP report, where she had the same result as you. I have quoted an exert from her Mandatory Reconsideration letter, which was successful, and she was reinstated to the Enhanced rate. Obviously this is specific to her medical condition, but hopefully may be of some help to you.

"The assessor has noted that I drive a manual car as evidence of my mobility, and that “the musculoskeletal examination showed no restrictions in movement and power”. Driving a manual car is a very different scenario to weight bearing when moving around, and does not require the same co-ordination of the feet as walking, navigating steps etc.

I choose to drive a manual car, rather than an automatic, as I hope that the small movements required for gear changes would act as form of gentle exercise to help strengthen my ankle muscles. A manual car also means that both sets of my feet/ankle muscles are in use, rather than using one foot in an automatic car. It seems that I am being penalised for my endeavours to prevent my Peripheral Nueropathy symptoms from escalating."
The following user(s) said Thank You: Janie69

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DLA to PIP - driving a manual car appeal? 1 month 4 days ago #199479

Thank you Mary, that's brilliant. I did tell the assessor I was great believer in 'use it or lose it'. I concentrated more on distance in my MR based on the decision makers assumption that I could walk 20m but less than 50m when the assessor had seen me walk no further than 2.5m (I doubt she actually saw this even as she was in front of me all the time!). However, in their reconsideration decision they swerved to driving a manual car and being able to walk from room to room in my home (which I don't do often and without resting) as being sufficient to 'reasonably assume' their initial decision was correct.

They also used driving a manual car as having sufficient dexterity and power for some of the care components (despite the assessor noting reduced grip, movement, etc.).

I'm beginning to think I should appeal ... 1 point off enhanced rate care and 2 points off enhanced mobility.

Thanks again Mary ... I'm sure you're advice and reply will help many others who are in the same situation.

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