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PIP renewal - mandatory reconsideration
- Cheryl
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5 years 5 months ago #221668 by Cheryl
PIP renewal - mandatory reconsideration was created by Cheryl
Hi - ive had to do my pip renewal and i only get it for the mobility part as i struggle to walk due to ongoing health issues. The assessory came to my house to do the f2f, she hardly saw me move round the room and when she asked me to do the hip rotation i refused as it is painful to do. However she said she wanted me to do it and so feeling a little under pressure, I did. I have had my decision through and they have changed my mobility from walking 20 - 50 metres to walking 50 - 200 metres. The reasons for this being I stood normally from the chair (dont remember standing up for her) and only having a slight reduction in hip rotation! I am going for a mandatory reconsideration but it sounds like the assessor was very economical with the truth. My question is how can i put this down without saying the assessor told a pack of lies. There is no memtion of the fact she had to knock twice because i didnt answer the door fast enough or i asked her to see herself out, save me having to get up and take her to the door! Plus i thought we didnt have do anything that was painful? She never even checked my knees either concentrating only pincer grip, fist grip and hip rotation. Thanks for any help you can give
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- Gordon
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5 years 5 months ago #221690 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP renewal - mandatory reconsideration
Cheryl
There's no specific way of doing this but things you might want to think about;
You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.
Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.
The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.
If you walk slowly then it must take you at least twice the time to cover the 60m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example; what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?
You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
www.benefitsandwork.co.uk/help-for-claimants/pip
So you need to explain what you can, how you are limited and why.
Gordon
There's no specific way of doing this but things you might want to think about;
You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.
Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.
The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.
If you walk slowly then it must take you at least twice the time to cover the 60m as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.
You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.
I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example; what can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?
You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
www.benefitsandwork.co.uk/help-for-claimants/pip
So you need to explain what you can, how you are limited and why.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Cheryl
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5 years 5 months ago #221813 by Cheryl
Replied by Cheryl on topic PIP renewal - mandatory reconsideration
Thanks for that Gordon - im just querying how the assessor could document that i could walk further from the time she was in my house when she only saw me walk back from the front door. I have documented a lot of the facts that i dont tend to go shopping as i have to stop a lot and use the trolley as a lean on, my friends and family take my son to school and pick him up and other than that i dont really go out. Should i document it again!! Thanks for your time.
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- Gordon
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5 years 5 months ago #221818 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP renewal - mandatory reconsideration
Cheryl
The assessor is stating an opinion, it's not unusual for the claimant to be unable to see how it is justified, in part, it will be down to what they saw you do but it will also be based on what you told them, so if you told them that you go shopping then this would have had a major impact on what they thought you could do.
Yes, you need to explain your restrictions again but think about what to leave out as well as what to include.
Gordon
The assessor is stating an opinion, it's not unusual for the claimant to be unable to see how it is justified, in part, it will be down to what they saw you do but it will also be based on what you told them, so if you told them that you go shopping then this would have had a major impact on what they thought you could do.
Yes, you need to explain your restrictions again but think about what to leave out as well as what to include.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Helen-Louise
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5 years 5 months ago #221836 by Helen-Louise
Replied by Helen-Louise on topic PIP renewal - mandatory reconsideration
So much sympathy for you, Cheryl. My PIP - and the Mandatory Reconsideration - have both come back with the assessor claiming that I can walk for 20-50 metres. This is despite attending the assessment in an electric wheelchair and not being asked to walk or even stand up during the assessment!
You know, I would be DELIGHTED if I could reliably and repeatedly walk for the 20-50 metres they claim. I'd rather have that than the money!
So yes, I have absolutely no advice to give, but so much sympathy and empathy. I really hope that both of us can get the level of PIP we deserve.
You know, I would be DELIGHTED if I could reliably and repeatedly walk for the 20-50 metres they claim. I'd rather have that than the money!
So yes, I have absolutely no advice to give, but so much sympathy and empathy. I really hope that both of us can get the level of PIP we deserve.
The following user(s) said Thank You: Sand625, Cheryl
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- Cheryl
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5 years 5 months ago #221847 by Cheryl
Replied by Cheryl on topic PIP renewal - mandatory reconsideration
ok thats great thank you for your help Gordon
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