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Lost mobility after reporting worsening condition

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1 month 4 weeks ago #299881 by Lells
I am absolutely devastated, I have osteoarthritis, degenerative disc disease, two bulging discs and one prolapsed disc, one disc has broken off a tiny bit and is pressing on a nerve, fibromyalgia, restless leg syndrome, insomnia..
I have been in receipt of standard mobility and daily living since 2021.
As my condition has been getting worse for the last 2 years, in July 2024 I reported a change of condition.
I explained how my condition got worse and I now use a rollator to walk because the pain is so bad and I need to constantly sit down, however, for some reason they have decided that I have miraculously got better and no longer qualify for any mobility at all.
Her reasoning behind This doesn't make any sense, firstly, she says "you are able to go out on the majority of and operate a unadapted manual car supporting a level of power and functional ability in your lower limbs"
I have explained that my pain is upon weight-bearing and is mostly in my back so I don't know why she's making the comparison, I also don't understand the reasoning behind it because if you get top rate mobility you can choose to have a car so that you can drive. Her arguement really isn't making sense.
I also only said (during my medical assessment which lasted 2 and 1/2 hours and nearly killed me) that I occasionally drive to my daughter's, which is 2 minutes away, or the local shop ,which is 5 minutes away and that my husband drives everywhere else, not that I think this should have any bearing on the case.
She also states that she has decided I can stand and then move more than 50 m but no more than 200 m and that this is consistent with my medical history and the available evidence. How can this be consistent with my medical history when they themselves have been awarding me standard pip for the last 3 years acknowledging that I cannot walk that far.
I am definitely going to go for a mandatory reconsideration and will be reading the guides that you provide, but meanwhile I wondered if anyone has any advice that they feel would be useful for me in moving forward and getting my mobility reinstated.
Many thanks
Lesley

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1 month 4 weeks ago #299944 by BIS
Hi Lells

I'm sorry you find yourself in this position.

Unfortunately, there are many people in your position who have to fight the fact that they drive.

You say that the fact that your husband drives for the majority of the time is not an issue - but it is! If I understand what you have written - you drive occasionally (only out of necessity), and the majority of the time, your husband drives. Why don't you drive more? I assume it is because of the pain, etc.., and you need to reiterate that you rarely drive! Don't push too much on being in pain and driving because the DWP has been known to report people to the DVLA saying they are not safe to drive if they are in that much pain or their movement is restricted.

I suspect the distance she thinks you can walk comes from you going to the local shop. You need to emphasise the difficulties you have with walking from the moment you take a step forward. As I assume you are already experiencing pain before you take a step forward, you will not fulfil the criteria for being able to walk safely and reliably. Be open about what you think you should have scored. Go back to the guide (PIP claim and Reviews) and see what is says on page 88 - it will help you put together your argument. Emphasize again that you use a rollator to walk.

Come back if you have any further questions.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 month 4 weeks ago #299966 by Lells
Thank you for the advice.
I have emailed both my GP and the hospital consultant who have both confirmed that there was no such report requested or sent and my pain consultant at the hospital added that he would question what evidence they have used to come to their conclusion as his opinion was that I was in considerable pain and discomfort with lack of movement. I have both of these in writing and the pain clinic consultant says he is happy for me to use his letter on my appeal. I can't believe they have lied in saying they used these reports to come to their decision. They should be answerable for this.
Thanks again, this website is a godsend! 😊

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1 month 4 weeks ago #299967 by Lells
Thank you for the advice. Just to quickly say, I never said I walk to the local shop, I said I drove there and if there are no trolleys for me to use as a walking aid I come back home without shopping.
I have emailed both my GP and the hospital consultant who have both confirmed that there was no such report requested or sent and my pain consultant at the hospital added that he would question what evidence they have used to come to their conclusion as his opinion was that I was in considerable pain and discomfort with lack of movement. I have both of these in writing and the pain clinic consultant says he is happy for me to use his letter on my appeal. I can't believe they have lied in saying they used these reports to come to their decision. They should be answerable for this.
Thanks again, this website is a godsend! 😊
The following user(s) said Thank You: denby, Chris

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