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Generalisation from use of mobility scooter
- Tess2012
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3 days 23 hours ago #297918 by Tess2012
Generalisation from use of mobility scooter was created by Tess2012
Hello
I am helping my partner who has had a stroke to claim PIP. He has virtually no use in his left hand and cannot prepare or cook food, feed himself without food going everywhere. Get washed or dressed independently. His cognitive issues mean he cannot manage his own money ir bills so his daughter is his appointee and manages all this for him. In his PIP assessment the DWP have generalised that as he can use a mobility scooter he has full strength, grip and dexterity in his left hand therefore he can manage all daily living activities. The scooter is operated with a push pull lever by his right hand only.
They have also said that because he visits a cafe to eat once a day that he is able to manage handling money and therefore can manage his own financial affairs. The cafe staff know him and take the correct money out if his waller for him. They also cut up his food.
How can DWP make these ludicrous generalisations?! Has anyone else had this experience?
Any advice gratefully received
Thanks
Tess
I am helping my partner who has had a stroke to claim PIP. He has virtually no use in his left hand and cannot prepare or cook food, feed himself without food going everywhere. Get washed or dressed independently. His cognitive issues mean he cannot manage his own money ir bills so his daughter is his appointee and manages all this for him. In his PIP assessment the DWP have generalised that as he can use a mobility scooter he has full strength, grip and dexterity in his left hand therefore he can manage all daily living activities. The scooter is operated with a push pull lever by his right hand only.
They have also said that because he visits a cafe to eat once a day that he is able to manage handling money and therefore can manage his own financial affairs. The cafe staff know him and take the correct money out if his waller for him. They also cut up his food.
How can DWP make these ludicrous generalisations?! Has anyone else had this experience?
Any advice gratefully received
Thanks
Tess
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3 days 13 hours ago #297958 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Generalisation from use of mobility scooter
Hi Tess2012
I'm sorry to hear about this. You ask "How can DWP make these ludicrous generalisations?! Has anyone else had this experience?"
Unfortunately, thousands of claimants have experience of the DWP making generalisations. Obviously, I don't know what was said at his assessment or what was written on his form - but one thing you need to understand is that the person reading it may not have any experience or understanding of the medical condition/s that a claimant has and/or the impact. I don't know what was said about his use of the scooter - and frankly, they should have asked if they thought it was odd and not just assumed - but they often don't. Same with the cafe. Now, it might be they were told in detail what happens and they didn't read it - or they did a little creative writing (e.g. lied) about what they were told.
Did he/ or his daughter, as his appointee, have the assessment recorded? If he didn't - always request it - because it's harder to argue without proof.
I'm unsure from your post whether you are discussing the assessment report or whether he has received the decision letter. If he has a decision letter and wants to appeal it the next stage is to put in for a Mandatory Reconsideration. You have to do this within one month of the date on the decision letter. If you haven't got hold of the assessment report, it's called a PA4 and you need to ring the DWP for a copy. It takes 7 - 10 days to arrive.
You can find details about how to put in for an MR in the Guide to PIP Appeals benefitsandwork.co.uk/guides-for-claimants/pip (scroll down the page)
BIS
I'm sorry to hear about this. You ask "How can DWP make these ludicrous generalisations?! Has anyone else had this experience?"
Unfortunately, thousands of claimants have experience of the DWP making generalisations. Obviously, I don't know what was said at his assessment or what was written on his form - but one thing you need to understand is that the person reading it may not have any experience or understanding of the medical condition/s that a claimant has and/or the impact. I don't know what was said about his use of the scooter - and frankly, they should have asked if they thought it was odd and not just assumed - but they often don't. Same with the cafe. Now, it might be they were told in detail what happens and they didn't read it - or they did a little creative writing (e.g. lied) about what they were told.
Did he/ or his daughter, as his appointee, have the assessment recorded? If he didn't - always request it - because it's harder to argue without proof.
I'm unsure from your post whether you are discussing the assessment report or whether he has received the decision letter. If he has a decision letter and wants to appeal it the next stage is to put in for a Mandatory Reconsideration. You have to do this within one month of the date on the decision letter. If you haven't got hold of the assessment report, it's called a PA4 and you need to ring the DWP for a copy. It takes 7 - 10 days to arrive.
You can find details about how to put in for an MR in the Guide to PIP Appeals benefitsandwork.co.uk/guides-for-claimants/pip (scroll down the page)
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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