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0 points to 10 points after mr

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5 years 8 months ago #215238 by Jasondm
0 points to 10 points after mr was created by Jasondm
After a f2f had 0poomts for everything so I did a Mr and suddenly given 10 pointss for help getting around but still no points for daily living needs I wish to go to appeal now for all the descriptors I should have scored on asap well as them saying I can walk 200m without pain. The Mr was supported by. A bunch of letters I got from my mental records which assisted the 10points but the DM still thinks that the hp at the f2f initial observations were correct which I argue they are different I also recorded the audio of the f2f that proves I did not do one of the excerises and another lie is that I walked with normal gait fluidly stood up grasped my I'd with a strong pinch and moved metres to do the exercises.i only moves 1 foot to the left. I went by taxi to and from f2f but was asked if I used my wife's car Which is manual I answered 2 in last few weeks. F2f hp said twice a week .so I am perfectly ok because I used her car? I owm and use a walking frame which I used and they said from initial observations was good grip ?
Olane because I said I surf the web and do online shopping I am perfectly on
.do I now go for the appeal and just put all the second information I did for the me and provide as much supporting evidence as possible. Thanks

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5 years 8 months ago #215266 by Gordon
Replied by Gordon on topic 0 points to 10 points after mr
Jason

It can be important to deal with the issues raised in the assessment report but doing so is very unlikely to result in a higher award, this will only happen by your showing that you meet the criteria for one, so you need to concentrate on issues that lead to points.

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

If you have further questions then please reply to this post and we will do our best to help.

Gordon

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

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5 years 8 months ago #215345 by Jasondm
Replied by Jasondm on topic 0 points to 10 points after mr
i can only now expand on what i put on the pip application as no further medical evidence is available accept for my appointments with mental health and arthritis consultant.
so what do i say ? thanks

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5 years 8 months ago #215358 by Gordon
Replied by Gordon on topic 0 points to 10 points after mr

Jasondm wrote: i can only now expand on what i put on the pip application as no further medical evidence is available accept for my appointments with mental health and arthritis consultant.
so what do i say ? thanks


Appeals are not always about new evidence. See

www.benefitsandwork.co.uk/news/3783-pip-...7-on-last-year-to-71

www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge

Your appeal will be won by your showing that you meet the criteria for an award, so it really is worth you going back through the information that you have already supplied to make sure that you have shown this.

Make sure that you understand the legally defined criteria, that your form addresses that criteria, that you have taken proper account of the need for you to complete the activities reliably and on the majority of days.

Gordon

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

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5 years 8 months ago #215567 by Jasondm
Replied by Jasondm on topic 0 points to 10 points after mr
the hp at the f2f ask if i used my wifes car. i said yes twice in 2 weeks. but she reported i used it on a regular basis. hence the dm said
"that the activity of getting in and out and diving a car in itself is a multitasking activity requiring significant physical function in terms of grip power and both upper and lower body joint movement with substantial cognitive powers of thought perception memory reasoning concentration judgement and coordination"
i engaged properly with the hp and did not appear anxious withdrawn or tense
the walking frame i used was not prescribed for me but purchased privately .
hp said i walking with normal gate and speed and stood up fluidly which i did not
dm decided i can walk 200 metres this is consistent with the hp informal observations recorded the whole f2f via my phone .
and my medication side effects were not taken into account
what do you make of the dm using the car driving to wipe out most of points and basically say in ok

thanks

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5 years 8 months ago #215602 by Gordon
Replied by Gordon on topic 0 points to 10 points after mr
Jason

I'll be controversial and say that there is some merit in the DMs assumptions although I am less convinced by the restrictions on a claimant walking unless they are saying that their walking is limited to 20m or less.


That said, it really does depend on the frequency of the driving and how variable the claimant's conditions are which in turn goes to their meeting the PIP Descriptors.


Explain in your appeal submission when you use the car and your limitations at that time and otherwise, the panel will have a broader view of the issues than the DM and assessor.

Gordon

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

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