- Posts: 56
× Members
Mobility
- Ianeif2
- Topic Author
- Offline
Less More
2 years 5 months ago #273043 by Ianeif2
Mobility was created by Ianeif2
Hi, I used to get mobility because I have very deformed feet (cmt disorder) affecting my balance badly and also makes walking painful, exhausting, putting me at risk of falling.
I also have mental health problems on top of this.
In my last pip assessment I got my mobility taken away and replaced with the higher care component.
The young lad who did my assessment put I had normal gate.
If you saw my foot disabilities you’d see how ridiculous it was he put that.
I’m completely on the sides of my feet and all my toes have curled so bad they don’t touch the floor.
Now, I am waiting for a new f2f assessment after filling in the form earlier this year.
I didn’t dare appeal the last pip assessment were mobility was removed because I couldn’t face another appeal and I didn’t want to risk losing what I got.
I have mentioned I really need mobility in my latest form.
My question is… if I get rewarded mobility this time will I have grounds to appeal for back pay because of the last assessor who removed it saying I had a normal gate?
Should I get in touch about this or wait for my f2f assessment?
I definitely think I was wronged by that assessor the last time who took mobility off me.
And because I’m due another f2f assessment I don’t feel I have anything to lose as of course I’ve not had my pip renewed yet because they are behind.
Would now be the right time to get in touch and question mobility being taken off me 2-3 years ago?
Am I entitled to back pay?
After all I was awarded mobility for years before the last assessor took it off me.
Thank you.
I also have mental health problems on top of this.
In my last pip assessment I got my mobility taken away and replaced with the higher care component.
The young lad who did my assessment put I had normal gate.
If you saw my foot disabilities you’d see how ridiculous it was he put that.
I’m completely on the sides of my feet and all my toes have curled so bad they don’t touch the floor.
Now, I am waiting for a new f2f assessment after filling in the form earlier this year.
I didn’t dare appeal the last pip assessment were mobility was removed because I couldn’t face another appeal and I didn’t want to risk losing what I got.
I have mentioned I really need mobility in my latest form.
My question is… if I get rewarded mobility this time will I have grounds to appeal for back pay because of the last assessor who removed it saying I had a normal gate?
Should I get in touch about this or wait for my f2f assessment?
I definitely think I was wronged by that assessor the last time who took mobility off me.
And because I’m due another f2f assessment I don’t feel I have anything to lose as of course I’ve not had my pip renewed yet because they are behind.
Would now be the right time to get in touch and question mobility being taken off me 2-3 years ago?
Am I entitled to back pay?
After all I was awarded mobility for years before the last assessor took it off me.
Thank you.
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 8547
2 years 5 months ago #273047 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Mobility
Hi laneif2
You only have 13months to put in an appeal, and therefore you can't go back two or three years and now challenge the previous decision and the subsequent award.
When you are reviewed, you can state once again the ongoing difficulties you have with your feet and why you didn't appeal the previous decision. Don't bitch about the previous assessor (as tempting as it might be) - just say that you disagreed with the decision at the time but weren't in the position to put in an appeal.
BIS
You only have 13months to put in an appeal, and therefore you can't go back two or three years and now challenge the previous decision and the subsequent award.
When you are reviewed, you can state once again the ongoing difficulties you have with your feet and why you didn't appeal the previous decision. Don't bitch about the previous assessor (as tempting as it might be) - just say that you disagreed with the decision at the time but weren't in the position to put in an appeal.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Ianeif2
- Topic Author
- Offline
Less More
- Posts: 56
2 years 5 months ago #273073 by Ianeif2
Replied by Ianeif2 on topic Mobility
I haven’t mentioned the last assessment where mobility was removed I’ve just added a lot more detail in the form + paperwork why and how I really struggle to get about especially on wet rainy slippy days, icy days, when it’s snowing and uneven surfaces.
I can’t leave the house when it’s slippy.
I’ve not mentioned the last assessment at all because this condition I have gets progressively worse with age.
It’s pretty disgusting though when we are too scared to appeal because of the fear of losing everything.
I can’t leave the house when it’s slippy.
I’ve not mentioned the last assessment at all because this condition I have gets progressively worse with age.
It’s pretty disgusting though when we are too scared to appeal because of the fear of losing everything.
Please Log in or Create an account to join the conversation.
- Ianeif2
- Topic Author
- Offline
Less More
- Posts: 56
2 years 5 months ago #273074 by Ianeif2
Replied by Ianeif2 on topic Mobility
What made me think of the back pay was I read people were being awarded back pay who were refused mobility because of mental health problems.
I would fall under this as the disabilities I have (like most people) have made my mental health much worse.
I would fall under this as the disabilities I have (like most people) have made my mental health much worse.
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 8547
2 years 5 months ago #273081 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Mobility
Hi laneif2
Just a small thing - check what you write about your mobility issues. From what you have said, you have permanent, ongoing problems with your feet which sound as if they are daily. Just be aware that in your last post, you say "I really struggle to get about especially on wet rainy slippy days, icy days, when it’s snowing and uneven surfaces." - I know you use the word "especially" - but I can see an assessor seizing on that and reading that you only have problems on wet days or icy days. Even with our British weather, the majority of our days are not wet or icy, and therefore - the assessor could easily make the assumption that you shouldn't be awarded PIP mobility. You may have written it differently on your form, but I just wanted to point out a potential difficulty if you don't make it very clear about your daily difficulties.
The back payment for PIP that you talk about was down, to the Leap Review - where following a court case the DWP relooked at cases where people with mental health difficulties had been denied or only received a small number of points for planning a journey. The DWP had no choice but to acknowledge there had been some mistakes in applying the law - hence a number of people received a back payment. However, more than a million people have also been denied any money.
That is entirely different from your case, where you chose not to put in an appeal and the normal time limit has expired. So you are not entitled to any back-dated money even if your mobility was reinstated after your next review.
If you think you missed out on being awarded because of your mental health difficulties, you can still contact the DWP and ask if they looked at your case under the Leap Review.
BIS
Just a small thing - check what you write about your mobility issues. From what you have said, you have permanent, ongoing problems with your feet which sound as if they are daily. Just be aware that in your last post, you say "I really struggle to get about especially on wet rainy slippy days, icy days, when it’s snowing and uneven surfaces." - I know you use the word "especially" - but I can see an assessor seizing on that and reading that you only have problems on wet days or icy days. Even with our British weather, the majority of our days are not wet or icy, and therefore - the assessor could easily make the assumption that you shouldn't be awarded PIP mobility. You may have written it differently on your form, but I just wanted to point out a potential difficulty if you don't make it very clear about your daily difficulties.
The back payment for PIP that you talk about was down, to the Leap Review - where following a court case the DWP relooked at cases where people with mental health difficulties had been denied or only received a small number of points for planning a journey. The DWP had no choice but to acknowledge there had been some mistakes in applying the law - hence a number of people received a back payment. However, more than a million people have also been denied any money.
That is entirely different from your case, where you chose not to put in an appeal and the normal time limit has expired. So you are not entitled to any back-dated money even if your mobility was reinstated after your next review.
If you think you missed out on being awarded because of your mental health difficulties, you can still contact the DWP and ask if they looked at your case under the Leap Review.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: SUE C C
Please Log in or Create an account to join the conversation.
- Ianeif2
- Topic Author
- Offline
Less More
- Posts: 56
2 years 3 months ago #274304 by Ianeif2
Replied by Ianeif2 on topic Mobility
Thank you. You make good points. I most definitely make sure they know how much I struggle every day with balance and pain from doing 30+ years of manual work with foot disabilities.
I get nerve pain daily and I'm always at risk of falling. I've just also added in the things that make staying on my feet impossible for me.
Thank you for you help. I found out at my last pip assessment how easy they can take mobility off you. I don't know how they think anyone get's around okay with foot disabilities.
I get nerve pain daily and I'm always at risk of falling. I've just also added in the things that make staying on my feet impossible for me.
Thank you for you help. I found out at my last pip assessment how easy they can take mobility off you. I don't know how they think anyone get's around okay with foot disabilities.
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