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Advise re appealing a decision
- Bampy
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5 years 11 months ago #211808 by Bampy
Advise re appealing a decision was created by Bampy
My husband received his PIP decision letter 3 weeks ago. He received the higher rate Daily living component and the lower mobility component. Although we put on the PIP form that the majority of the time my husband can not go out on his own as he gets confused and lost. When he does go out on his own it is to the local shop which he can’t get lost doing as it’s right, right and right into our road. The decision was that although we said he had difficulty planning and following a route unaided this was not consistent with medical history or how he engaged with the assessor. They then said he has adequate concentration and memory. So we decided that we could not go through the aggravation of appealing. Since then however my husband had to renew for his car license as the 3 years were up. They have come back and said that his driving license won’t be renewed as they have completed their medical queries and the medical information indicates that the medication he takes makes him drowsy or confused at times of the day when he might be driving.
My question is now we have the DVLA letter saying that he may get confused .... which he does, as I explained on the pip form. Do you think this letter is sufficient to make an appeal.
My question is now we have the DVLA letter saying that he may get confused .... which he does, as I explained on the pip form. Do you think this letter is sufficient to make an appeal.
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- Gordon
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5 years 11 months ago #211825 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advise re appealing a decision
Paul
Two problems, the letter post dates the Decision and could easily be seen as being in regard to his problems now and not when the Decision was made, this would exclude it. Secondly, the letter is about his ability to drive, not successfully follow a route, there is nothing in the legislation that refers to a claimant driving, you would need to show that his problems also effect his ability to get somewhere on foot.
How did he qualify for the Standard rate of Mobility?
Gordon
Two problems, the letter post dates the Decision and could easily be seen as being in regard to his problems now and not when the Decision was made, this would exclude it. Secondly, the letter is about his ability to drive, not successfully follow a route, there is nothing in the legislation that refers to a claimant driving, you would need to show that his problems also effect his ability to get somewhere on foot.
How did he qualify for the Standard rate of Mobility?
Gordon
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- Bampy
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5 years 11 months ago #211829 by Bampy
Replied by Bampy on topic Advise re appealing a decision
Hi Gordon, Thank you for your reply. He qualified for the Standard rate of mobility as he has problems with his balance and can only walk around 40 metres. He has had Parkinson’s for 11 years now and has very bad Dyskinesia.
Dee
Dee
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- Gordon
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5 years 11 months ago #211832 by Gordon
I would have a good look at the Going Out criteria in the PIP Claim guide, he only needs four extra points for an Enhanced award, which may be achievable if you take a different approach, assuming that it is relevant to do so.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advise re appealing a decision
Paul wrote: Hi Gordon, Thank you for your reply. He qualified for the Standard rate of mobility as he has problems with his balance and can only walk around 40 metres. He has had Parkinson’s for 11 years now and has very bad Dyskinesia.
Dee
I would have a good look at the Going Out criteria in the PIP Claim guide, he only needs four extra points for an Enhanced award, which may be achievable if you take a different approach, assuming that it is relevant to do so.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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