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mobility criteria
- Kim Priestley
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3 years 4 months ago #264962 by Kim Priestley
mobility criteria was created by Kim Priestley
i have been refused mobility again because i drive a manual car and because I occasionally ride a bike, any advice please
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- Gary
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3 years 4 months ago #264978 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic mobility criteria
Hi KP
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
There are two different issues here - one - the going out and planning a journey and car driving.
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there any problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
You will need to prove that you have a cognitive or sensory impairment in order to score here.
The assessor often make assumptions when they are aware that a claimant drives or has driven.
There are two distinct issues with a claimant driving, one that is reasonable and one that is less so.
First, the DWP will argue that someone who drives has good cognitive ability as the process of driving requires the driver to be aware of what is going on around them, to be able to pre-empt situations that they are approaching and to be able to manage the operation of the vehicle.They will also argue that it show good navigation skills and an ability to plan a route, however, claimants might be able to argue that if only one journey is undertaken and the claimant had to be shown that route, that they are in fact not able to plan or navigate a route, but there is little flexibility in this argument.
Secondly, the DWP view driving as a physical activity, for example holding the wheel requires a level of dexterity, strength and endurance in their hands, arms, and shoulders, They also believe that the operation of the pedals is akin to walking and so someone who can drive can also walk.
This argument is very weak, however, most people drive a car to go somewhere and having arrived at that place they may then need to then walk to complete their journey.
I don't know if you are thinking of putting in for an MR, but you will have to counter the above arguments and against what has been written in the assessment report to gain additional points.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
There are two different issues here - one - the going out and planning a journey and car driving.
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there any problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
You will need to prove that you have a cognitive or sensory impairment in order to score here.
The assessor often make assumptions when they are aware that a claimant drives or has driven.
There are two distinct issues with a claimant driving, one that is reasonable and one that is less so.
First, the DWP will argue that someone who drives has good cognitive ability as the process of driving requires the driver to be aware of what is going on around them, to be able to pre-empt situations that they are approaching and to be able to manage the operation of the vehicle.They will also argue that it show good navigation skills and an ability to plan a route, however, claimants might be able to argue that if only one journey is undertaken and the claimant had to be shown that route, that they are in fact not able to plan or navigate a route, but there is little flexibility in this argument.
Secondly, the DWP view driving as a physical activity, for example holding the wheel requires a level of dexterity, strength and endurance in their hands, arms, and shoulders, They also believe that the operation of the pedals is akin to walking and so someone who can drive can also walk.
This argument is very weak, however, most people drive a car to go somewhere and having arrived at that place they may then need to then walk to complete their journey.
I don't know if you are thinking of putting in for an MR, but you will have to counter the above arguments and against what has been written in the assessment report to gain additional points.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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