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Challenge points given for planning and following a journey
- Pat
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2 years 5 months ago #272910 by Pat
Challenge points given for planning and following a journey was created by Pat
Thank you so much for this site, it has been so helpful trying to Navigate the pip forms and assessment.
My husband has received his pip decision and we are some what disappointed. My husband had a stroke 8 years ago and the problems he has are - sensory impairment which is his balance causing constant dizziness when standing and moving around, head swimming, wobble on his feet leading to falls, drop foot, visual vertigo around people, gaps and obstacles. Also Fatigue as his brain works so hard to manage these issues and more. He is not able to do an unknown journey by himself because of these issues as he gets a little disorientated when there’s a lot of people and really struggles with his balance. He is not safe around parked cars because of small gaps and crossing the road if there are people around him. He gets stressed and agitated and exhausted. I assist him in so many areas as he is not safe to manage this.
But because he drives and the decision make says he has power in in his legs, he can fuel his car, go to work and do gardening, can access all areas of your property, how ever can not manage to walk around shops, thats why he got no points for doing an unknown journey.
Gardening is potting plants sat at a table and I do the mowing as it is not safe for him to do so. He goes to a petrol station at 6.30am and fills up at the pump so he is not around people.
We were recently told by a senior audiologist that the car his my husbands safe place because the brain is getting lots of sensory messages from a hard seat, solid steering wheel, hard foot peddles that’s why he can concentrate and is
able to drive.The issue is with his brain not getting sensory messages to the body once he steps out on the ground. He can only manage working part time and then he is exhausted for the rest of the day.
Only last week we stopped at service station for him to use the loo, it was very busy. He struggle to walk through the parked cars and by the time we got in the building I had to physical hold him up to get in and out. If he was on his own he would have fallen. He was very distressed when we managed to get back to the car. I know this area is how he copes mentally but just because he drives a car doesn’t mean he doesn’t suffer mentally because of the challenges he faces every day.
He was given 4 point for not able to walk more than 200 meters on mobility. Do we have grounds to challenge this decision on planning and following a journey.
14 points for daily living which means he got enhanced, but we were concerned that he only got 2 points for preparing food. He is not able to cook because trying to turn with a hot pan in his hand would make his head swimming and loss of balance. He is also very fatigued but has chopped a few veg now and again which we explained. Should we challenge this also even with getting enhanced or is it best not to rock the boat.
We told the assessor all of this but he does seem to have under stud my husbands condition.
He has recently had his work hours reduced from full time to part time because of his condition.
My husband has received his pip decision and we are some what disappointed. My husband had a stroke 8 years ago and the problems he has are - sensory impairment which is his balance causing constant dizziness when standing and moving around, head swimming, wobble on his feet leading to falls, drop foot, visual vertigo around people, gaps and obstacles. Also Fatigue as his brain works so hard to manage these issues and more. He is not able to do an unknown journey by himself because of these issues as he gets a little disorientated when there’s a lot of people and really struggles with his balance. He is not safe around parked cars because of small gaps and crossing the road if there are people around him. He gets stressed and agitated and exhausted. I assist him in so many areas as he is not safe to manage this.
But because he drives and the decision make says he has power in in his legs, he can fuel his car, go to work and do gardening, can access all areas of your property, how ever can not manage to walk around shops, thats why he got no points for doing an unknown journey.
Gardening is potting plants sat at a table and I do the mowing as it is not safe for him to do so. He goes to a petrol station at 6.30am and fills up at the pump so he is not around people.
We were recently told by a senior audiologist that the car his my husbands safe place because the brain is getting lots of sensory messages from a hard seat, solid steering wheel, hard foot peddles that’s why he can concentrate and is
able to drive.The issue is with his brain not getting sensory messages to the body once he steps out on the ground. He can only manage working part time and then he is exhausted for the rest of the day.
Only last week we stopped at service station for him to use the loo, it was very busy. He struggle to walk through the parked cars and by the time we got in the building I had to physical hold him up to get in and out. If he was on his own he would have fallen. He was very distressed when we managed to get back to the car. I know this area is how he copes mentally but just because he drives a car doesn’t mean he doesn’t suffer mentally because of the challenges he faces every day.
He was given 4 point for not able to walk more than 200 meters on mobility. Do we have grounds to challenge this decision on planning and following a journey.
14 points for daily living which means he got enhanced, but we were concerned that he only got 2 points for preparing food. He is not able to cook because trying to turn with a hot pan in his hand would make his head swimming and loss of balance. He is also very fatigued but has chopped a few veg now and again which we explained. Should we challenge this also even with getting enhanced or is it best not to rock the boat.
We told the assessor all of this but he does seem to have under stud my husbands condition.
He has recently had his work hours reduced from full time to part time because of his condition.
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- Gary
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2 years 5 months ago #272979 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Challenge points given for planning and following a journey
Hi Pat
We hear this quite often on the forum LL26 posted a good article on this on the forum www.benefitsandwork.co.uk/forum/10-dla-e...8543-pip-and-driving
Only you can answer the question, have you requested a copy of the assessors report called a PA4? If not then that would be the first place to start.
If you request a mandatory reconsideration you can ask just for the mobility component to be looked at, you will need to set out your case why you believe the assessor was wrong.
Gary
We hear this quite often on the forum LL26 posted a good article on this on the forum www.benefitsandwork.co.uk/forum/10-dla-e...8543-pip-and-driving
Only you can answer the question, have you requested a copy of the assessors report called a PA4? If not then that would be the first place to start.
If you request a mandatory reconsideration you can ask just for the mobility component to be looked at, you will need to set out your case why you believe the assessor was wrong.
Gary
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- SUE C C
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2 years 5 months ago #273004 by SUE C C
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Replied by SUE C C on topic Challenge points given for planning and following a journey
Hello Pat
When you challenge a decision, both the Daily Living and Mobility components will be reconsidered. If you receive an enhanced award but you feel one of the descriptors has not been accurately scored it's generally because once the assessor has awarded the highest possible rate, the additional scoring would make no difference to the Enhanced rate awarded. Good luck.
When you challenge a decision, both the Daily Living and Mobility components will be reconsidered. If you receive an enhanced award but you feel one of the descriptors has not been accurately scored it's generally because once the assessor has awarded the highest possible rate, the additional scoring would make no difference to the Enhanced rate awarded. Good luck.
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- LL26
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2 years 5 months ago #273023 by LL26
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Replied by LL26 on topic Challenge points given for planning and following a journey
Hi SUE CC & Pat,
To respond to both posts on one go...
If you have 14 points there is no point (pun unintended) because you can not achieve any more benefit. SUE CC is correct that once enhanced rate is reached DWP or Tribunal are not obliged to continue scoring points.
When you challenge a decision, you can clearly specify that you are only appealing one component and not the other. DWP will probably look at both. They may decide to revise either component. It us unlikely they would diwngradexa recentvaward, but it could happen. If so you could appeal to a Tribunal.
Whilst the Tribunal can look at all elements, they are not obliged to. If you have made it clear that you are not disagreeing with both components, if the Tribunal were minded to re-examine the non appealed part there would need to be good reason and they would need to consider this judicially with full reasons.
There is a danger that the Tribunal does look at both elements, putting your existing enhanced award at risk. At least if this was the case, a warning would have to be given allowing you to withdraw the appeal.
An appeal needs a reasonable prospect of success, so I doubt you could simply appeal an enhanced award as nothing can be achieved. If the other standard award is ok, even if on a good day could be enhanced, you do risk losing benefit, albeit this is unlikely and the warning per above would be required.You could try MR and see what happens. You do not need to continue to appeal to a Tribunal Sometimes it is better to quit while you are vaguely ahead!
I hope this helps.
LL26
To respond to both posts on one go...
If you have 14 points there is no point (pun unintended) because you can not achieve any more benefit. SUE CC is correct that once enhanced rate is reached DWP or Tribunal are not obliged to continue scoring points.
When you challenge a decision, you can clearly specify that you are only appealing one component and not the other. DWP will probably look at both. They may decide to revise either component. It us unlikely they would diwngradexa recentvaward, but it could happen. If so you could appeal to a Tribunal.
Whilst the Tribunal can look at all elements, they are not obliged to. If you have made it clear that you are not disagreeing with both components, if the Tribunal were minded to re-examine the non appealed part there would need to be good reason and they would need to consider this judicially with full reasons.
There is a danger that the Tribunal does look at both elements, putting your existing enhanced award at risk. At least if this was the case, a warning would have to be given allowing you to withdraw the appeal.
An appeal needs a reasonable prospect of success, so I doubt you could simply appeal an enhanced award as nothing can be achieved. If the other standard award is ok, even if on a good day could be enhanced, you do risk losing benefit, albeit this is unlikely and the warning per above would be required.You could try MR and see what happens. You do not need to continue to appeal to a Tribunal Sometimes it is better to quit while you are vaguely ahead!
I hope this helps.
LL26
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- Gordon
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2 years 5 months ago #273025 by Gordon
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Replied by Gordon on topic Challenge points given for planning and following a journey
Pat
Re the DL award.
It is important to understand that the Decision was to award Enhanced Daily Living, whilst this might be the result of his scoring 14 points, those points are not part of the Decision.
So, a Tribunal will not hear an appeal in regard to his Daily Living as the current Decision is already correct.
Gordon
Re the DL award.
It is important to understand that the Decision was to award Enhanced Daily Living, whilst this might be the result of his scoring 14 points, those points are not part of the Decision.
So, a Tribunal will not hear an appeal in regard to his Daily Living as the current Decision is already correct.
Gordon
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- Pat
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2 years 3 months ago #273759 by Pat
Replied by Pat on topic Challenge points given for planning and following a journey
Thank you for your reply’s but I couldn’t find them before i sent the MR.
Today we got the results we wanted from my husbands MR.
Enhanced mobility from 4 points to 16 and although we already had enhanced for living, my husbands points were increased, which will help if there are any changes to our bathroom in the future that would reduce his points.
We are delighted, thank you so much for all the great information and advice. Very much appreciated.
Today we got the results we wanted from my husbands MR.
Enhanced mobility from 4 points to 16 and although we already had enhanced for living, my husbands points were increased, which will help if there are any changes to our bathroom in the future that would reduce his points.
We are delighted, thank you so much for all the great information and advice. Very much appreciated.
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