- Posts: 3
× Members
Help they've taken my adapted car
- Tarisa
- Topic Author
- Offline
Less More
5 years 9 months ago #214185 by Tarisa
Help they've taken my adapted car was created by Tarisa
I got the higher rate of DLA on my first claim I then changed from DLA to P I P and was issued the higher rate again on a three year old after two years they have done a review and I've been reduced down to the lower rates they have taken away my adapted car I live in a village and canal no longer get to any of my appointments hospital physio or otherwise as the car was adapted with a hoist for my scooter I literally don't know what to do as I now can't afford my carers all to pay for care line and I have no means of transport can somebody please help me
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51061
5 years 9 months ago #214214 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help they've taken my adapted car
Tarisa
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 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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Tarisa
- Topic Author
- Offline
Less More
- Posts: 3
5 years 9 months ago #215022 by Tarisa
Replied by Tarisa on topic Help they've taken my adapted car
Hi Gordon and thank you for getting back to me I'm sorry but I couldn't find a reply to my post I'm finding it quite hard to navigate the forum and find responses I didn't really understand how to use the site so thank you for guiding me back to this answer I've been to see a disability adviser who has done my appeal forms for me and hopefully built up the points that I need all the missing that I should have been awarded I have systemic lupus osteoarthritis osteopenia COPD mild scoliosis fibromyalgia but to mention a few but it seems my assessor was more focused on my mental health even though he was a physiotherapist I do suffer from depression hardly surprising with what I'm going through but it seems that they've completely ignored all the physical factors so along with my appeal letter we have sent him a letter from my GP that States I cannot mobilise more than 20 metres and also a report from my physiotherapist stating my illnesses and what difficulties I have Noble ising do you think this will be enough to win my appeal as without my car and the Threat of losing my home I really am at a loss of what to do thanks for your guidance
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51061
5 years 9 months ago #215037 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help they've taken my adapted car
Tarisa
You can find your recent posts by clicking on your forum name as it appears on the site for example to the left of your post above.
I have to warn you that revision rate at MR are quite low so it will depend on what you advisor has written in your MR request, on a positive note, it is actually unusual for a GP to write such a definitive statement about a claimants walking so providing there is no evidence to the contrary then I think you have a good chance with the Mobility, There's not really enough information for me to express a view on the Daily Living.
Gordon
You can find your recent posts by clicking on your forum name as it appears on the site for example to the left of your post above.
I have to warn you that revision rate at MR are quite low so it will depend on what you advisor has written in your MR request, on a positive note, it is actually unusual for a GP to write such a definitive statement about a claimants walking so providing there is no evidence to the contrary then I think you have a good chance with the Mobility, There's not really enough information for me to express a view on the Daily Living.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris