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TOPIC: Mandatory Reconsideration Response,,,should we ap

Mandatory Reconsideration Response,,,should we ap 4 weeks 4 hours ago #201442

My husband originally had higher rate DLA and lower rate are. Following the original application for PIP he was awarded standard rate for living and nothing for mobility.

After lodging his Mandatory Reconsideration he was awarded standard rate for living and 10 points for mobility. 0 points to 10 strait away

The reasons they are giving only standard rate and not enhanced rate for mobility is that he drives a manual car!!!!

My husband suffers from Arthritis throughout his body, ie shoulders,,arms, knees, spine and neck. Arthritis has travelled all the way up his spine and into his neck. He has had around 13 operations on various joints including his back, which has resulted in extensive osteoarthritis.

Although he has now gone from 0 points to 10points we still feel he is eligible for the enhanced rate, which was awarded for an indefinite period on the old DLA.

The main reasons for only giving the 10 points and not the enhanced rate is that he drives a manual car and that he goes to the supermarket now and again and uses a trolley and a callipers for support. We have obviously outlined that it is rare that he visits the supermarket ,only on a good day but he has to stop numerous times to rest and usually has to return to the car. They are putting emphasis on the manual car as he would have to use his legs for clutch; brake and accelerator. We have stressed that this only happens on a good day. The amount of medication he takes ie morphine; tramadol and other pain relief on a daily basis indicates the sort of pain he is in. Are you not allowed to have good days? Are you not allowed to go to the supermarket on a good day? Do we all have to have automatic cars? We gave the reason for not having a manual car. My husband is just over 6ft 2ins and is quite well built. We have to have an SUV so that he doesn’t have to struggle getting in/out of the car as it plays havoc with his back pain. The cost of an automatic in the car we would have is between 1,500 to £2,000. We also advised that when we have a new vehicle it will be an automatic but we could not afford it at the time of getting our present car. From what they have saying I feel my husband doesn’t have a life outside of the house as he relies on the car to get about when he can. Can I have your thought please as I feel we should appeal? My husband is still under consultants for some of his conditions.

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Mandatory Reconsideration Response,,,should we ap 3 weeks 5 days ago #201480

San

You have the option of going on to appeal, but you will need to show that his walking is restricted to 20m or less to have a chance at the Enhanced rate, the 10 points he has received is in line with the test for DLA HRM, PIP has stricter criteria

Whilst your argument about good days is perfectly correct it does introduce the argument that his condition is a fluctuating one and if you have not defined how is actually effected over a period of time like a month then this may be one of the reasons that he has not scored higher.

Gordon

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

Mandatory Reconsideration Response,,,should we ap 3 weeks 4 days ago #201507

hi, take it to appeal, they gave me the same points ,and mentioned that i could drive ,so no real loss of hip and leg movement . awarded 12 points at a letter appeal. the panel went of my doctors ,consultants. and my own history. don't give up.

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Mandatory Reconsideration Response,,,should we ap 3 weeks 4 days ago #201560

Thank you for your thoughts on this, we are going to appeal. You mentioned this was done by letter. Are you not always required to go before a panel?

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Mandatory Reconsideration Response,,,should we ap 3 weeks 4 days ago #201579

san0352 wrote: Thank you for your thoughts on this, we are going to appeal. You mentioned this was done by letter. Are you not always required to go before a panel?


Gary had a Paper hearing that the claimant does not need to attend.

Gordon

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

Mandatory Reconsideration Response,,,should we ap 3 weeks 4 days ago #201581

Oh I see. I am going to take a good look through everything that we have put forward to DWP and with the help from the group hopefully put a strong case forward. I cannot help though feeling a little apprehensive.

Again many thanks for your input.

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