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After 19 years on Indefinite mobility dla pip have taken it from my wife.
- Lyndsay
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1 year 11 months ago #277186 by Lyndsay
After 19 years on Indefinite mobility dla pip have taken it from my wife. was created by Lyndsay
Good morning all.
I am very new to all this and need lots of advice. My wife has been on mobility indefinite award for the last 19 years with lung problems since birth.
Her condition has got worse so we decided to put in for care component so this meant i then had to apply for pip for her.
We went to the assessment after 3 days of me prompting my wife she needed to go. At this time I did not realise they could come to your home. My wife has anxiety, depression and ptsd so does not like leaving the house.
To cut a long story sort the pip assessor has Ii don't know if I'm allowed to put lied but I am going to marked her down on points 7 she got for care and only 4 for mobility. For example: My wife doesn't carry out journeys on her own as this causes her significant distress, ie punching the car windows, getting out the car and fighting with drivers who have beeped her and then she starts having an anxiety attack heart racing, sweating numbness and feels like she is having a heart attack. The assessor has put she can plan and follow a route of a journey. That is only one example.
I need help for a mandatory reconsideration never done one as she has been on this from 16 years old.
I can also prove that what the assessor has said is incorrect.
I am very new to all this and need lots of advice. My wife has been on mobility indefinite award for the last 19 years with lung problems since birth.
Her condition has got worse so we decided to put in for care component so this meant i then had to apply for pip for her.
We went to the assessment after 3 days of me prompting my wife she needed to go. At this time I did not realise they could come to your home. My wife has anxiety, depression and ptsd so does not like leaving the house.
To cut a long story sort the pip assessor has Ii don't know if I'm allowed to put lied but I am going to marked her down on points 7 she got for care and only 4 for mobility. For example: My wife doesn't carry out journeys on her own as this causes her significant distress, ie punching the car windows, getting out the car and fighting with drivers who have beeped her and then she starts having an anxiety attack heart racing, sweating numbness and feels like she is having a heart attack. The assessor has put she can plan and follow a route of a journey. That is only one example.
I need help for a mandatory reconsideration never done one as she has been on this from 16 years old.
I can also prove that what the assessor has said is incorrect.
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- BIS
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1 year 11 months ago #277193 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic After 19 years on Indefinite mobility dla pip have taken it from my wife.
Hi Lyndsay
I'm sorry that your wife finds herself in this position. She has found as many others have done that there is a big difference between DLA and PIP and because she had one there is no automatic right to the other.
With regard to the type of assessment she had, as far as I know, the assessment services Capita or IAS have not renewed doing home visits since the pandemic. You could have asked for a telephone assessment and it may or may not have been granted.
First off your wife needs to ring the DWP and ask for a copy of the assessment report if you haven't already got it. This is called a PA4. The report will give more details about the assessor's thinking.
You need to put in for an MR (Mandatory Reconsideration) within one month of the date on the decision letter. Even if you haven't received the PA4, you can always put in the MR and tell them you will add further information when you get the report.
Read through our Guide to Appeals - which includes the information for Mandatory Reconsiderations. benefitsandwork.co.uk/guides-for-claimants/pip (scroll down the page to find it)
As tempting as it can be to call the assessors a liar and some unfortunately are - it won't help your case. You can use terminology such as "they have misunderstood...", "they are mistaken ...." they have ignored..." The assessor is giving their 'opinion' and you challenge this by refuting it and showing why they are wrong.
You can always put in a separate complaint about the assessor if you want - but the point of the MR is for someone to look at whether your wife should have been awarded more points.
I would also look at our Guide to PIP claims and reviews - Page 80 explains planning and following a journey. This is often an issue where claimants don't get the points they are expecting. Read through and ensure that you have explained clearly what she can or can't do. From what you said, the difficulties start before she leaves the house. They will be looking to see that your wife suffers from overwhelming psychological distress - which is never easy when there is no clear definition. Just be aware that if she is getting out and fighting with people - she is clearly very distressed, but the DWP might also question whether she should be driving at all.
Have a look at the guides and then come back and ask any specific questions, and we will try to help.
BIS
I'm sorry that your wife finds herself in this position. She has found as many others have done that there is a big difference between DLA and PIP and because she had one there is no automatic right to the other.
With regard to the type of assessment she had, as far as I know, the assessment services Capita or IAS have not renewed doing home visits since the pandemic. You could have asked for a telephone assessment and it may or may not have been granted.
First off your wife needs to ring the DWP and ask for a copy of the assessment report if you haven't already got it. This is called a PA4. The report will give more details about the assessor's thinking.
You need to put in for an MR (Mandatory Reconsideration) within one month of the date on the decision letter. Even if you haven't received the PA4, you can always put in the MR and tell them you will add further information when you get the report.
Read through our Guide to Appeals - which includes the information for Mandatory Reconsiderations. benefitsandwork.co.uk/guides-for-claimants/pip (scroll down the page to find it)
As tempting as it can be to call the assessors a liar and some unfortunately are - it won't help your case. You can use terminology such as "they have misunderstood...", "they are mistaken ...." they have ignored..." The assessor is giving their 'opinion' and you challenge this by refuting it and showing why they are wrong.
You can always put in a separate complaint about the assessor if you want - but the point of the MR is for someone to look at whether your wife should have been awarded more points.
I would also look at our Guide to PIP claims and reviews - Page 80 explains planning and following a journey. This is often an issue where claimants don't get the points they are expecting. Read through and ensure that you have explained clearly what she can or can't do. From what you said, the difficulties start before she leaves the house. They will be looking to see that your wife suffers from overwhelming psychological distress - which is never easy when there is no clear definition. Just be aware that if she is getting out and fighting with people - she is clearly very distressed, but the DWP might also question whether she should be driving at all.
Have a look at the guides and then come back and ask any specific questions, and we will try to help.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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