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6 years 4 months ago #201748 by Gordon
Replied by Gordon on topic Post PIP assessment

beans wrote: Hello Gordon

Sorry to be a nuisance. I've been looking at the guides (I don't find it easy to take anything in with my brain damage) and immediately noticed a possible issue. I'm happy with my PIP award, just not the lack of mobility award. I've been on the motability scheme since 2010 and it's my lifeline beyond my garden gate. From what I've been reading, the guide says my PIP award could go down if I challenge my award. Is there any way I could just challenge the mobility part? It's pretty daunting and I'm not the bravest of people when it comes to the DWP. Thanks again.


There's no way to protect your Daily Living award at the MR stage, the DWP will look at both components whether you want them to or not. The risk is low but it is real, we see about one member a month report a reduced or lost award.

Things to think about;

What is the risk to your current award, whilst it's not precise, if you have 11 points currently the risk is less than if you have 8 points only.

Can you reasonably show that you would score the points for an Enhanced Mobility award. I can't see from your previous posts what you actually scored. PIP is a stricter test than DLA so there is no direct translation from one to the other, however, for PIP you can score from both the Mobility activities whereas DLA separated them.

For an appeal, you can ask them to just look at the Mobility component, if there are issues with the Daily Living component then the Judge must warn that you existing award is at risk so that you can withdraw the appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 4 months ago #201785 by beans
Replied by beans on topic Post PIP assessment
I received 8 points in all and I would absolutely have disputed that if I hadn't qualified for the basic rate. When I had a problem with my last but one DLA assessment, the DWP called me and asked me a couple of quick questions and said immediately they were putting me on maximum points just for one component. I'm guessing that because I've already been through one tribunal and their qualified dr has also assessed me that I should be ok? This is worrying me, if I don't challenge them I will be a prisoner for 5 years. If I do challenge them, I could have absolutely nothing except ESA to live on which doesn't go anywhere near covering medication, everyday bills, specialised food etc I need to keep me healthy.

I have written a letter explaining that I only want them to look at the mobility component, mainly because I don't have the strength to challenge the whole thing but sending it will be akin to Russian Roulette in a way. Sorry to sound so dramatic, I'm just overwhelmed because of the brain damage and not sure I can do this alone because there's so much at stake.

I collect illnesses the way some people collect clutter.
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6 years 3 months ago #202477 by beans
Replied by beans on topic Post PIP assessment
Hello Gordon

I am still waiting for a copy of my assessment report and getting worried that they won't send it in time for me to request a Mandatory Assessment. I am going to send off my request today because I feel I really don't have a lot of choice.

Thanks again
Beans

I collect illnesses the way some people collect clutter.

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6 years 3 months ago #202484 by Gordon
Replied by Gordon on topic Post PIP assessment
Beans

It's best to have the request submitted on time.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 3 months ago #203531 by beans
Replied by beans on topic Post PIP assessment
I've finally heard back from my mandatory reconsideration and it appears that barely being able to walk isn't a good enough reason for me to keep my mobility component and therefore my motability car. They're taking my car in January. I feel bereft. I know it's only a car but it's my lifeline. I have to go to my Dr's every month for appointments and close monitoring, I have to get to the pharmacy for my monthly consignment of 20 prescriptions - at least one of which keeps me alive. I even have to occasionally get out of my four walls for my own sanity as I have mental health issues on top of everything else. We don't have savings to replace my car as my needs are very specific so buying a cheap runabout would be pointless as I wouldn't be able to drive it or afford to keep it on the road. My husband has a basic paid job (involving long hours often at a moment's notice) so HP, leasing, a loan etc is out of the question. My family and friends live 150 miles away and we were priced out of that area 20 years ago which is why we had to move away. As for public transport, given that walking up to 50 metres on a rare half decent day won't get me even a quarter of the way to the nearest bus stop. I'm not just being angry or emotional for the sake of it, this post is to explain the hopelessness of being abandoned and just how much I depend on my car for my most basic needs, the very reason my Dr supported my joining the motability scheme. Even the atos Dr who I saw a few months ago for my last DLA assessment was happy to keep me on the scheme yet it appears an administrator is apparently more qualified than him to understand my health issues. The DWP know all this by the way, they know what they're doing to me. I hope their incentive/bonus buys them an extra bottle of celebratory wine this Christmas.

I have no idea where to turn now so any advice would be very welcome.

Thanks again for all your help Gordon.

I collect illnesses the way some people collect clutter.

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6 years 3 months ago #203541 by Gordon
Replied by Gordon on topic Post PIP assessment
Beans

Speak to Motability, if you were being moved from DLA to PIP then you may be able to retain your car for up to 26 weeks from the date of the Decision

You can pursue the matter further by requesting an appeal. 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.

Gordon

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

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