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Mobility component reduced
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6 years 5 months ago #200223 by MT
Mobility component reduced was created by MT
Hello I wondered if I could please ask for advice.
My husband was awarded a life long award of High DLA Mobility many years ago.
He was then awarded High Care component. This was then reassessed to Enhanced PIP for both.
He has recently been reassessed earlier than was due but I know that's what happen.
It has come back that he has been reduced to lower awards for both.
Various medical conditions all supported with medical evidence which they kept from the last assessment despite being asked to return them.
He has scored 10 points for mobility . Nothing for planning a journey and 10 for moving around. The assessor states he said he had walked 30 meters from the car.
He is adamant that he did not say this. We have measured the entire car park on google maps and the entire car park is 27 meters in total. Where I parked when I dropped him off is approx. 7 meters.
How can we dispute what he said. Will they take the size of the car park into account if we send in photographs. He has a degenerative condition and has gone from a high award DLA mob for life and now has been judged to have improved. .
I am also surprised that he scored nothing on the planning and following a journey. As he explained to the assessor he doesn't go far especially if he is unfamiliar with the route. He has no confidence and is anxious since he was finished on ill health. He will go to his Dr's and the local hospital on his own if I can't get time off work but he knows the route. We do not visit anyone further afield as he won't drive even with me in the car.
Please can you assist me to challenge this error as I don't know how to say what she said is incorrect. She also mentioned he was well kempt, didn't look tired and didn't look malnourished.
His weight is monitored by his GP as he had lost a lot of weight and I have made it my l aim to get him to eat. I had also been getting him to sit in the garden as he was such an awful pale colour but this seems to have gone against him.
Any suggestions please as never had to do this before.
My husband was awarded a life long award of High DLA Mobility many years ago.
He was then awarded High Care component. This was then reassessed to Enhanced PIP for both.
He has recently been reassessed earlier than was due but I know that's what happen.
It has come back that he has been reduced to lower awards for both.
Various medical conditions all supported with medical evidence which they kept from the last assessment despite being asked to return them.
He has scored 10 points for mobility . Nothing for planning a journey and 10 for moving around. The assessor states he said he had walked 30 meters from the car.
He is adamant that he did not say this. We have measured the entire car park on google maps and the entire car park is 27 meters in total. Where I parked when I dropped him off is approx. 7 meters.
How can we dispute what he said. Will they take the size of the car park into account if we send in photographs. He has a degenerative condition and has gone from a high award DLA mob for life and now has been judged to have improved. .
I am also surprised that he scored nothing on the planning and following a journey. As he explained to the assessor he doesn't go far especially if he is unfamiliar with the route. He has no confidence and is anxious since he was finished on ill health. He will go to his Dr's and the local hospital on his own if I can't get time off work but he knows the route. We do not visit anyone further afield as he won't drive even with me in the car.
Please can you assist me to challenge this error as I don't know how to say what she said is incorrect. She also mentioned he was well kempt, didn't look tired and didn't look malnourished.
His weight is monitored by his GP as he had lost a lot of weight and I have made it my l aim to get him to eat. I had also been getting him to sit in the garden as he was such an awful pale colour but this seems to have gone against him.
Any suggestions please as never had to do this before.
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6 years 5 months ago #200229 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mobility component reduced
MT
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
Don't expect to make much impression with the DWP DM, they take the report verbatim and you will struggle to argue the difference between walking more than 20m and less than 20m unless you have convincing evidence.
However, an appeal panel will be much more open minded and will look at all of the evidence with a much more balanced view, so don't get too down if you have to go onto an appeal.
Things to look at;
He is not required to walk pain free but any pain that restricts the distance that he can walk should be taken into account.
Specifically for the Moving Around activity, if he is able to walk but you are in severe pain when doing so, then you can argue that his walking is not to a necessary standard and should be disregarded.
The legal test requires him to stand and then move (walk), so if he has problems getting up then you should document these as well.
If he walks slowly then it must take him at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of his walking but could also be the result of having to stop.
He must be able to repeat the distance, so if he could walk it once but not then be able to walk it again within a reasonable timescale then he should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show his walking is more restricted but things you need to think about is what he can't do, for example what can he walk in your house, how far is the toilet from where he normally sits, things that will count against him are any trips that you make outside, so for example, how do you do your shopping?
He 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 he can do, how he is limited and why.
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 his 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 he meets 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.
Gordon
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
Don't expect to make much impression with the DWP DM, they take the report verbatim and you will struggle to argue the difference between walking more than 20m and less than 20m unless you have convincing evidence.
However, an appeal panel will be much more open minded and will look at all of the evidence with a much more balanced view, so don't get too down if you have to go onto an appeal.
Things to look at;
He is not required to walk pain free but any pain that restricts the distance that he can walk should be taken into account.
Specifically for the Moving Around activity, if he is able to walk but you are in severe pain when doing so, then you can argue that his walking is not to a necessary standard and should be disregarded.
The legal test requires him to stand and then move (walk), so if he has problems getting up then you should document these as well.
If he walks slowly then it must take him at least twice the time to cover the 20m as a healthy person would, this could be down to the speed of his walking but could also be the result of having to stop.
He must be able to repeat the distance, so if he could walk it once but not then be able to walk it again within a reasonable timescale then he should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show his walking is more restricted but things you need to think about is what he can't do, for example what can he walk in your house, how far is the toilet from where he normally sits, things that will count against him are any trips that you make outside, so for example, how do you do your shopping?
He 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 he can do, how he is limited and why.
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 his 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 he meets 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.
Gordon
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6 years 5 months ago #200247 by MT
Replied by MT on topic Mobility component reduced
Thank you so much for your reply.
We will be visiting his GP and asking for his input relating to the questions particularly the mobility.
It seems that as Gary did not display sign of anxiousness and I had assisted him to dress tidily and had trimmed his beard he gave an impression of improvement.
Because he was able to converse about his illness which he knows chapter and verse about he is deemed not to need prompting to eat or medicate.
He has had a Motability car for over 20 years and has in the past managed to work because he had it. This is his main concern as he will be housebound without it removing his small amount of independence to get himself to his GP and hospital. Although we disagree with the care component scores he would need another 6 points for this but only need a reconsideration of 2 points to get his car back. He really can't face the stress and feels as if he is begging. He thinks it might just be better to give up on the care side of the reconsideration if it gives him more chance of getting his car back as its life changing for him to be without it.
He is on anti depressants has suicidal thoughts which is all documented with his GP but because he hadn't pursued counselling when offered (because this would be difficult for him to deal with) he has been reassessed as not needing encouraging to drive take medication and eat although they have said he needs an aid to eat as he can't cook food. .
We will be visiting his GP and asking for his input relating to the questions particularly the mobility.
It seems that as Gary did not display sign of anxiousness and I had assisted him to dress tidily and had trimmed his beard he gave an impression of improvement.
Because he was able to converse about his illness which he knows chapter and verse about he is deemed not to need prompting to eat or medicate.
He has had a Motability car for over 20 years and has in the past managed to work because he had it. This is his main concern as he will be housebound without it removing his small amount of independence to get himself to his GP and hospital. Although we disagree with the care component scores he would need another 6 points for this but only need a reconsideration of 2 points to get his car back. He really can't face the stress and feels as if he is begging. He thinks it might just be better to give up on the care side of the reconsideration if it gives him more chance of getting his car back as its life changing for him to be without it.
He is on anti depressants has suicidal thoughts which is all documented with his GP but because he hadn't pursued counselling when offered (because this would be difficult for him to deal with) he has been reassessed as not needing encouraging to drive take medication and eat although they have said he needs an aid to eat as he can't cook food. .
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6 years 5 months ago #200265 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mobility component reduced
MT
You are not going to dilute your message by dealing with the Care side as well as the Mobility and the DWP will look at both components even if you only challenge one of them.
To score higher for Mobility you are either going to have to show that his walking is limited to 20m or less or that he meets one of the Descriptors for the Going Out activity.
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning..
Undertaking a Journey - this is do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - the DWP regard this as a cognitive or sensory activity to do with navigating the route, SO are there problems that would prevent you from doing this? This is different from undertaking a journey, in fact if you cannot undertake a journey then you will struggle to score points for following one. The reasons that you are unable to follow or navigate the route must not be due to psychological distress.
Gordon
You are not going to dilute your message by dealing with the Care side as well as the Mobility and the DWP will look at both components even if you only challenge one of them.
To score higher for Mobility you are either going to have to show that his walking is limited to 20m or less or that he meets one of the Descriptors for the Going Out activity.
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning..
Undertaking a Journey - this is do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - the DWP regard this as a cognitive or sensory activity to do with navigating the route, SO are there problems that would prevent you from doing this? This is different from undertaking a journey, in fact if you cannot undertake a journey then you will struggle to score points for following one. The reasons that you are unable to follow or navigate the route must not be due to psychological distress.
Gordon
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6 years 5 months ago #200654 by MT
Replied by MT on topic Mobility component reduced
So so sorry to bother you again. GP visit organised for tomorrow but getting more despondent as how to prove he can't walk 20 meters when she says he said he walked 30...
We have just been offered a bungalow so that he doesn't have to go upstairs. If I mention this do you think it will help or hinder or be irrelevant.
Also he has had phone call to say he needs to hand in car. I thought there was a transition period. Is this just for those who lost out going from DLA PIP ? We asked if we could pay to keep the car but told nothing could be done. I am guessing this is correct.
We have just been offered a bungalow so that he doesn't have to go upstairs. If I mention this do you think it will help or hinder or be irrelevant.
Also he has had phone call to say he needs to hand in car. I thought there was a transition period. Is this just for those who lost out going from DLA PIP ? We asked if we could pay to keep the car but told nothing could be done. I am guessing this is correct.
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6 years 5 months ago #200667 by Gordon
Yes, mentioning the move to bungalow may help, explain the difficulties he has with using the stairs at the moment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Mobility component reduced
MT wrote: So so sorry to bother you again. GP visit organised for tomorrow but getting more despondent as how to prove he can't walk 20 meters when she says he said he walked 30...
We have just been offered a bungalow so that he doesn't have to go upstairs. If I mention this do you think it will help or hinder or be irrelevant.
Also he has had phone call to say he needs to hand in car. I thought there was a transition period. Is this just for those who lost out going from DLA PIP ? We asked if we could pay to keep the car but told nothing could be done. I am guessing this is correct.
Yes, mentioning the move to bungalow may help, explain the difficulties he has with using the stairs at the moment.
Gordon
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