Pip & Driving

Hi Darren

It is quite common for claimants to find they are 'penalised' by assessors for driving. I can't tell you what to do here, but they are not supposed to hold it against a claimant. Have you got your PA4 (the assessor's report) or are you just working off your decision letter? If you haven't got hold of the PA4 - you need to do so, as it might give you more information..

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 I think 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 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. I (for what it is worth as I don't do assessments) think that 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.

Obviously, you know what difficulties have an impact on your mobility and you can argue these again and give them a clear idea of how often you drive. As above, driving is not the same as walking at all. Just be aware that a couple of people have argued that their mobility is poor and the DWP have then informed the DVLA that they are not fit to drive. I'm not saying you shouldn't go for a mandatory reconsideration - just be aware of how you make your argument.

Do check out our guide to PiP appeals - which has the information for putting in a mandatory reconsideration.

BIS

Hi Darren,
I wrote an article about this, and have used the information in various MR requests and appeals. Gary kindly posted this. It is the very first post on the members forum. Please read the article and by all means quote all or part of this if you think it might help.
LL26

Hi Darren

Just to add to what BIS has posted follow the link below, this was posted by LL26

www.benefitsandwork.co.uk/forum/10-dla-e...8543-pip-and-driving

Gary