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Pip form question 13a and 13b help required appeal
- Booklover
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5 years 7 months ago #218019 by Booklover
Pip form question 13a and 13b help required appeal was created by Booklover
Ihad enhanced dla mobilty but have only scored 4 points with the pip. I have had result from mandatory reconsideration and still the same score. My problem is question 13a and 13b.
i answered yes to both thee questions. (do you need help from another person to plan and follow a journey.? and do you need help getting to somewhere you dont know? at the assessment the H.P. said tha these questions are just for mental ability and not physical.My problem is I had a tumoutr removed from my neck and an operation to insert metal plates in my head, neck and spine so my head is in a fixed position with no movement left or right or up and down, so I therefore need the assistance of someone to help me cross roads, negotaiate kerbs etc as i cannot do this safely on my own as my filed of vision is severely compromised. If these questions relate to the mental capacity why does it say "assistance of a dog and someone to be with yu to keep you safe" I scored nothing on this catagory but believe i should score 12 points as i cannot do either. I can plan the hourney but a unable to carry it out without help. How can i get accross to them with my appeal form that I should score on this question or am I totally misreading this question. Any help would be appreciated
i answered yes to both thee questions. (do you need help from another person to plan and follow a journey.? and do you need help getting to somewhere you dont know? at the assessment the H.P. said tha these questions are just for mental ability and not physical.My problem is I had a tumoutr removed from my neck and an operation to insert metal plates in my head, neck and spine so my head is in a fixed position with no movement left or right or up and down, so I therefore need the assistance of someone to help me cross roads, negotaiate kerbs etc as i cannot do this safely on my own as my filed of vision is severely compromised. If these questions relate to the mental capacity why does it say "assistance of a dog and someone to be with yu to keep you safe" I scored nothing on this catagory but believe i should score 12 points as i cannot do either. I can plan the hourney but a unable to carry it out without help. How can i get accross to them with my appeal form that I should score on this question or am I totally misreading this question. Any help would be appreciated
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- Gordon
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5 years 7 months ago #218024 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip form question 13a and 13b help required appeal
Booklover
I am afraid you cannot score directly for a physical problem that prevents you from Following a Route.
You could try arguing that the lack of movement in your neck amounts to a sensory restriction but I am afraid I think the argument is weak and I can't see any Case Law that would be supportive.
You don't mention any distress resulting from the restriction and even if there were it would need to be "overwhelming psychological distress" to have any hope of scoring.
Sorry
Gordon
I am afraid you cannot score directly for a physical problem that prevents you from Following a Route.
You could try arguing that the lack of movement in your neck amounts to a sensory restriction but I am afraid I think the argument is weak and I can't see any Case Law that would be supportive.
You don't mention any distress resulting from the restriction and even if there were it would need to be "overwhelming psychological distress" to have any hope of scoring.
Sorry
Gordon
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- Booklover
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5 years 7 months ago #218051 by Booklover
Replied by Booklover on topic Pip form question 13a and 13b help required appeal
Thank you very much for your reply but I still do not understand why the original pip form mentions "assistance by dogs and help from someone, if it is to only plan and follow a journey and not to carry it out. 13b states "need someone to be with you to keep you safe.. I definitely need this.
My other physical problems are that I have multiple myeloma which has left me with 9 pathalogical fractures of the spine and two more since diagnosis 7 years ago. So my spine is in a very fragile state and a fall could be catastophic. Walking is difficult and painfull, I was awarded 4 points for this. So i have gone from enhanced DLA to nothing and yet if anything my symptoms have worsened. Is it worth going for an appeal on the basis that I cannot carry out 13a and 13b safely.
My other physical problems are that I have multiple myeloma which has left me with 9 pathalogical fractures of the spine and two more since diagnosis 7 years ago. So my spine is in a very fragile state and a fall could be catastophic. Walking is difficult and painfull, I was awarded 4 points for this. So i have gone from enhanced DLA to nothing and yet if anything my symptoms have worsened. Is it worth going for an appeal on the basis that I cannot carry out 13a and 13b safely.
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- Gordon
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5 years 7 months ago #218066 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip form question 13a and 13b help required appeal
Booklover
You need to understand that this is the form that you are referring to, it does not always represent the legally defined Descriptors that you are being assessed against in full. So you cannot request an appeal on the basis that you cannot carry out these two questions as they are not part of the PIP criteria.
I've been back through the Case Law for this activity this afternoon and I'm afraid I cannot see anything that is going to allow you to stretch the criteria to fit your circumstances.
Gordon
You need to understand that this is the form that you are referring to, it does not always represent the legally defined Descriptors that you are being assessed against in full. So you cannot request an appeal on the basis that you cannot carry out these two questions as they are not part of the PIP criteria.
I've been back through the Case Law for this activity this afternoon and I'm afraid I cannot see anything that is going to allow you to stretch the criteria to fit your circumstances.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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