Opinions please

Hi Bridget

The first question i would ask is, have you contacted DWP for a copy of the assessors report called a PA4.

You need a copy of the report so you can see how the decision maker has made their decision.

Quite often when you request a MR you get the same result as the original decision, the next stage is to go for an Appeal.

When you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them. Don't forget to check out our guides; www.benefitsandwork.co.uk/help-for-claimants/pip

I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for an Appeal and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.

Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said., remember they are just an opinion which is not based on fact.

Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

In regards to driving, 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.

You will have to counter the above arguments and against what has been written in the assessment report to gain additional points.

Gary

Hi Bridget,

Gary's advice is spot on! Just to add some information about driving, and the correlation with (supposedly!) every other PIP activity. Please have a look at the following which is a comment from an Occupational Therapist friend, when I asked her about this issue.
"It is very difficult to find research for this particular issue regarding grip but in one of my books and from my experience as an Occupational Therapist there are several types of grip used in different ways to grasp different items e.g handles, tools etc. The book is muscles, nerves & movement in human occupation 3rd edition by Barbara Tyldesley & June Grieve, Blackwell publishing p 117-120.
It proposes that the power grip is where all of the fingers are bent around an item and the thumb is used to press against with other fingers or the object e.g pan handle. It goes into a lot of explanation how the other joints and muscles work in order for the grip to be successful in function.
It states a cylinder grip (another type of power grip) is used for handles that are at right angles to the forearm e.g jug handle or handbrake of a car.
A ball grip (power grip) has a loose, wide grip e.g circular knobs, balls and tops of jam jars.
A hook grip (power grip) is used for carrying a suitcase or shopping bag - by side of body with straight elbow and wrist. Precision grips are where an object is held between the tips of the thumb and 1,2 or 3 fingers e.g a pencil or small tool.
Plate grip e.g holding the edge of a plate.
Pinch grip e.g holding a screwdriver or sewing needle
A key grip e.g for holding a key
And pincer grip e.g for picking up beads or pins
All have slightly different ways of gripping the items.

Other issues should also be considered as well as grip e.g. standing or sitting to do a task, strength in wrist, elbow and shoulder and pain as well as powered assisted steering wheels!"

My own personal research suggests that the whole arm is required to coordinate to eg chop and peel a carrot or potato, using a downward motion to chop and of course rotation to peel. The steering wheel of a car has the same grip at all times and little force is required. (I wouldn't recommend trying this whilst driving - but you can balance the steering wheel on the palms, or even lightly on the fingers. If you have power steering, it's surprising how little grip you do need.) However chopping and peeling a carrot using only one hand, and not holding it is incredibly difficult for anyone, let alone someone who has problems with hands/arms! The steering wheel, is always heled in the same plane, ie eg at quarter to three position. The wheel (according to learn to drive websites,) advocate that the wheel basically swings through the hands, using a push-pull method. If you think about this, unless you are struggling to control the car, even when turning there is little deviation from the starting quarter to three. You certainly don't need to lift your hand up and down as with a chopping knife, or rotate at the wrist and manipulate anything, or make fine adjustments with the fingers. The wheel stays in one place, and isn't potentially dangerous and sharp like a knife. Whilst I don't know this part for certain, I am sure that even with somewhat shaky hands, you can maintain a reasonable/sufficient grip of the wheel, which is wider to grip anyway, unless you have a very chunky knife. I would not consider if safe to try and use a knife with shaky hands, or indeed carry or use any cooking utensil, unless under strict supervision.

Yes, of course you need coordination to drive, it's just not the same, it is of course (DWP take note!) a totally different task!
I hope this helps. LL26

Hi LL26

Your advice was very well set out and explained, you should pin it to the start page.

Gary

Thanks Gary. Are you able to pin it?
LL26