- Posts: 3
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- driving a car social situations vs work enquiry
× Members
driving a car social situations vs work enquiry
- Mary s
- Topic Author
- Offline
Less More
3 years 4 months ago #264882 by Mary s
driving a car social situations vs work enquiry was created by Mary s
Hi everyone
my daughter has recently been refused PIP and is thinking of appealing, but I'm looking for any pointers on a few issues.
She has several health conditions including MS and a hypermobility disorder which causes her knee to subluxate and the MS affects her leg, but not her ability to drive. Because she can drive they argue she has sufficient power to get out of the shower; ignoring the instability in the knee and weakness in the leg. Of course we know that the two activities are very different - how can we best challenge this again?
Secondly, she is awaiting a formal diagnosis for autism, but this has been delayed because of the pandemic. The assessor discounted her issues with socialising - she told them she doesnt - but because she works PT and has to have some interactions with the public they say she has no problems socialising, and is often supported by me or a friend - they have ignored this. They even said she made good eye contact ON A PHONE ASSESSMENT!!!! Am i right in thinking there was some ruling that defined what a social situation was eg going to the doctors was not a social situation - Could it be argued that work is also not a social situation?
Finally, how would we go about getting somebody with experience helping with an appeal?
Thanks
my daughter has recently been refused PIP and is thinking of appealing, but I'm looking for any pointers on a few issues.
She has several health conditions including MS and a hypermobility disorder which causes her knee to subluxate and the MS affects her leg, but not her ability to drive. Because she can drive they argue she has sufficient power to get out of the shower; ignoring the instability in the knee and weakness in the leg. Of course we know that the two activities are very different - how can we best challenge this again?
Secondly, she is awaiting a formal diagnosis for autism, but this has been delayed because of the pandemic. The assessor discounted her issues with socialising - she told them she doesnt - but because she works PT and has to have some interactions with the public they say she has no problems socialising, and is often supported by me or a friend - they have ignored this. They even said she made good eye contact ON A PHONE ASSESSMENT!!!! Am i right in thinking there was some ruling that defined what a social situation was eg going to the doctors was not a social situation - Could it be argued that work is also not a social situation?
Finally, how would we go about getting somebody with experience helping with an appeal?
Thanks
Please Log in or Create an account to join the conversation.
- LL26
- Offline
Less More
- Posts: 1457
3 years 4 months ago #264921 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic driving a car social situations vs work enquiry
Hi Mary s,
If you need help with an appeal try this link- which is advice centres near you, otherwise try eg CAB
advicelocal.uk/
DWP often cite the driving permits everything test! I have tried citing science, which has worked on more than one occasion, albeit not all, but has worked on appeal at tribunal.
The research I use refers to hand power so may not be relevant to your instance. However, if you have a contact with a physio or similar I am sure that you can geylt a report to show the difference. If not analyse the difference yourself. You have already alluded to many things in your post.
Of course if you have an automatic or adapted car please stress this.
Think about the shower facility you have at home, its slippery, there are probably balance problems as well, and maybe a step up. Perhaps it's over the bath? So maybe not so easy after all?
Engaging face to face this does not involve mere exchanges such as hello erltc or appointments at the GP- it involves the ability to interact socially, understand body language and establish relationships.
Maybe your daughter doesn't do any of these? Maybe she has the 'social support' of a manager who understands her condition ? Maybe she does gardening and doesn't need to interact?
Perhaps there are some scenarios where things have gone wrong and your daughter has floundered or been confused or frightened etc. Think what was the root cause. You can then use these examples and explanations in your MR letter.
Good luck
LL26
If you need help with an appeal try this link- which is advice centres near you, otherwise try eg CAB
advicelocal.uk/
DWP often cite the driving permits everything test! I have tried citing science, which has worked on more than one occasion, albeit not all, but has worked on appeal at tribunal.
The research I use refers to hand power so may not be relevant to your instance. However, if you have a contact with a physio or similar I am sure that you can geylt a report to show the difference. If not analyse the difference yourself. You have already alluded to many things in your post.
Of course if you have an automatic or adapted car please stress this.
Think about the shower facility you have at home, its slippery, there are probably balance problems as well, and maybe a step up. Perhaps it's over the bath? So maybe not so easy after all?
Engaging face to face this does not involve mere exchanges such as hello erltc or appointments at the GP- it involves the ability to interact socially, understand body language and establish relationships.
Maybe your daughter doesn't do any of these? Maybe she has the 'social support' of a manager who understands her condition ? Maybe she does gardening and doesn't need to interact?
Perhaps there are some scenarios where things have gone wrong and your daughter has floundered or been confused or frightened etc. Think what was the root cause. You can then use these examples and explanations in your MR letter.
Good luck
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: AliBee
Please Log in or Create an account to join the conversation.
- denby
- Offline
Less More
- Posts: 1280
3 years 4 months ago #264968 by denby
Replied by denby on topic driving a car social situations vs work enquiry
Hi Mary S, just a thought, if your daughter is hypermobile, did you know there has been discovered to be an increasing more-than-expected overlap between hypermobility and neurodiversity? It was after reading this I decided to a self test, and hey I am almost certainly Asperger's as well as hypermobile. If you haven't already, you might get great help and support from the Ehlers Danlos UK charity.
Best wishes, Denby
Best wishes, Denby
The following user(s) said Thank You: Gary
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David