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PIP driving and mental health.
- Trix_82
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2 years 2 months ago #274810 by Trix_82
PIP driving and mental health. was created by Trix_82
Hi, new member. I am a carer to my partner who has autism and ptsd. He claimed back in Jan but was refused so now he is appealing, I am his appointee. They refused him in all discriptors because he has a manual driving licence, he was not able to elaborate on the planning and following journeys descriptor during his assessment. He suffers really badly with his mental health, is on a social care plan, receiving intensive therapy, lost his job back in 2020 due to his mental health, he needs intensive support.
On his report they stated he can drive a manual car so his concentration and cognitive functions are not affected so does not need support. He past his test 19 years ago, a lot has significantly changed since then. His mental health has severely declined. He needs constant support with everything, he only drives to very local places he knows well, and avoids busy periods and road works, I know a sat nav isn't classed an aid but in his case he wouldn't be able to drive without it. He struggles to read a map and follow instructions of the internet. When it comes to unfamiliar journeys or long journeys, he cannot travel alone at all, he panics and suffers from severe psychological distress, so we have to travel by alternative means, via taxi. Also he really struggles travelling on buses, trams etc, due to how crowded they get, all the stops etc, if he has to stand for too long he freaks out really badly, as long as I've been with him (19 years) when travelling on buses, I had to accompany him to make sure he was OK and avoid travelling during busy periods, he's given up past jobs due to the distress travelling alone caused him. The car helps him get to important appointments and we always make sure they are booked during less busy times, as it avoids the crowds on buses and being around unfamiliar people.
I'm wondering if he can appeal this? He also needs a lot of prompting, reassurance and encouragement to go out and drive even to places he knows well.
He needs so much support and we do have evidence of all of this. Just think the decision makers have nit picked at him driving and using this to refuse him.
On his report they stated he can drive a manual car so his concentration and cognitive functions are not affected so does not need support. He past his test 19 years ago, a lot has significantly changed since then. His mental health has severely declined. He needs constant support with everything, he only drives to very local places he knows well, and avoids busy periods and road works, I know a sat nav isn't classed an aid but in his case he wouldn't be able to drive without it. He struggles to read a map and follow instructions of the internet. When it comes to unfamiliar journeys or long journeys, he cannot travel alone at all, he panics and suffers from severe psychological distress, so we have to travel by alternative means, via taxi. Also he really struggles travelling on buses, trams etc, due to how crowded they get, all the stops etc, if he has to stand for too long he freaks out really badly, as long as I've been with him (19 years) when travelling on buses, I had to accompany him to make sure he was OK and avoid travelling during busy periods, he's given up past jobs due to the distress travelling alone caused him. The car helps him get to important appointments and we always make sure they are booked during less busy times, as it avoids the crowds on buses and being around unfamiliar people.
I'm wondering if he can appeal this? He also needs a lot of prompting, reassurance and encouragement to go out and drive even to places he knows well.
He needs so much support and we do have evidence of all of this. Just think the decision makers have nit picked at him driving and using this to refuse him.
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- Gary
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2 years 2 months ago #274829 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP driving and mental health.
Hi Trix_82
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
We come across your question quite often, at the top of the forum page you will see a very good post by LL26 on PIP and Driving which I locked to make it easier for members to find; www.benefitsandwork.co.uk/kunena/10-dla-...8543-pip-and-driving
The first thing you need to do is contact DWP and ask for a copy of your assessors report called a PA4.
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.
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 a MR 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.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
We come across your question quite often, at the top of the forum page you will see a very good post by LL26 on PIP and Driving which I locked to make it easier for members to find; www.benefitsandwork.co.uk/kunena/10-dla-...8543-pip-and-driving
The first thing you need to do is contact DWP and ask for a copy of your assessors report called a PA4.
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.
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 a MR 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.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide; benefitsandwork.co.uk/guides-for-claimants/pip
For the CRMR1 form to initiate your MR; www.gov.uk/government/publications/chall...ork-and-pensions-dwp
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Mollie
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2 years 2 months ago #274859 by Mollie
Replied by Mollie on topic PIP driving and mental health.
I have a driving license for a manual car and have had it for over 40 years. Now and then I do drive. For PIP, I repeatedly said stated that although I could drive it was not a regular thing and only when I was able to, which was not every day and certainly not more than 3 miles on quiet roads. I also made the point that I drove a manual because we could not afford to replace it. I had to go to appeal but the DWP offered me enhanced mobility and daily living before the tribunal.
The following user(s) said Thank You: LL26
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