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Anyone had because you can drive a manual car.....

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6 years 3 months ago #205070 by geordie52
To follow on from Gordon's reply...
I had the car argument used to justify almost every descriptor in my daily living activities by the HP.
At MR I made it clear that:

1. My car is not 30 years old, and therefore it is made with modern technology. Power steering and a clutch/gearstick that a 5 year old could operate. I added that the example was from the assessment guide and used generically. My assessment should be unique to my disabilities and how they affect me.

2. I also pointed out, as the report stated I only drive 5-10 days per month, that the assessor didn't seem to understand the "majority of days" was not met as even the maximum 10/30 days driving is NOT the majority of days.

3. The HP had to do a supplementary report and all mention of driving was absent from the new report. (There were other issues covered.)
The MR took a couple of months, but I was just so pleased that my MR Case manager didn't rubber stamp my MR, and actually did a fantastic job!
It's the first time I've not ended up at a tribunal!!!

As Gordon says, don't worry about the report, just concentrate on showing how you DO meet the criteria for the descriptor you think you should get.
I only realised after joining this site that I ended up at tribunals because I was hung up on the false/misleading HP assessment, and not getting on with showing how I did meet the descriptors.

Do a MR as described in the guides and add a short paragraph after each descriptor to explain what was added/missed/inaccurate in the report that would lead the DM to make their incorrect decision.
In my case, I was awarded higher for both.

While awaiting the MR, you can use that time to write a more detailed submission in case it goes to appeal. However, await the pack from the courts with all the DWP arguments before submitting your own in case they mention something you haven't covered.

Best of luck!
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6 years 3 months ago #205136 by braveheart
Thank you for your response. Unfortunately I am way past the MR stage. I have done 10 pages of challenging and have examples and evidence backing up all of them. I am awaiting Tribunal but I don't have much hope even though I have sent more statements in targeting reasons why I meet the specific criteria. It's all got far too much for me now and I even had the crisis team out to me today.

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6 years 2 months ago #205155 by geordie52
Braveheart.

I can only assume from your reply that you have not been to a tribunal before. I have had several and they have all been very similar. The Judge, Doctor, and disability expert are there to hear your reasons for meeting the descriptor criteria for anything you are disputing. It looks formal, but once you are seated you should start to feel at ease after the questions start. My panels have always been caring, attentive, and professional.

I was asked if I needed a drink and to mention if I needed a break at any time. Don't forget, these people are independent and NOT atos or DWP.

Just remember to take your time when you answer and try to be focused on what you need to say. I know you said you don't have any further evidence to hand in, but your answers at the tribunal count for a great deal of evidence. (My first tribunal was also the first time I felt like someone was listening to me, and they believed me about my problems.)

I wish you the best of luck and please don't give up on going to your tribunal in person.
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