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PIP Award

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7 years 5 months ago #170163 by S
PIP Award was created by S
Hello and good morning, this is the first time I have access this site with a question and I hope you can help/advice me. I initially claimed PIP in 2014 and was awarded the Standars rate PIP, and I was not awarded the mobility rate of PIP because although in pain I was able to walk no more than 50 metres. This was when I was 64 and before I was 65. On 27th September I was awarded the standard rate of PIP and the reasons are as follows: the rate of PIP is based on the fact that my needs vary most days and I cannot be considered for any help I need not covered by activities for daily living and mobility, including stairs and the ability to bend down to access an oven. I struggle to get up and down stairs safely and I cannot bend down to the low oven because in the past I have fallen and been unable to get up again. At the assessment the assessor documented that no cognitive or memory impairment was identified and that I did not appear in low mood nor did I need prompting. Further down the page the assessor documented that I became upset in the consultation but I managed to compose myself and coped generally well throughout the assessment. It was further documented that I am not currently prescribed medication for anxiety and that I do not receive help from the mental health team. During the assessment I did become very upset crying where the assessor provided me with a tissue. I am provided with medication for my condition (depression) and that medication is Citalapram an antidepressant drug used to treat depression, anxiety and depressing thoughts and feelings. My medication and health condition is managed by my GP and not the mental health team. At the consultation the assessor noted that the musculoskeletal examination identified that I had reduced pinch and power grip in my left hand and left leg. The right hand and right leg noted to be normal. In actual fact it is all my right side that is weak hand, fingers and leg. My left hand and leg are not weak but I suffer pain in all. Furthermore I am right handed and not left handed so I struggle with lots of my daily care needs. The assessor documented that I was able to drive to the assessment centre indicating that I had adequate grip in my hands to handle the steering wheel. I am able to drive a car and it is not necessary to grip the steering wheel tightly as I am not wanting to lift the car and carry it any distance. I was not asked if I was in pain whilst or after driving and I was not asked if the car had power steering. My award notification documented at the end that the law says an award cannot be given or increased for mobility for claimants age 65 or over and that I cannot be awarded the mobility part because my ability to walk worsened after I was 65. Please advice where I would stand going for an appeal on any of the issues I have written in this topic. Thank you Sudoe

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7 years 5 months ago #170196 by Gordon
Replied by Gordon on topic PIP Award
S

Welcome to the forum.

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

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If you are now over the age of 65 you cannot receive the Mobility component unless you were in receipt of it before the age of 65 or you can show that you suffered with mobility problems before then.

As to the Daily Living award. Do your reasonably see how you can score the extra points for an Enhanced award, you need 12 or more?

PIP does not consider your ability to use stairs and the Preparing a meal activity only looks at your use of a hob and oven is excluded.

If you want to pursue the matter then 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 for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

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 (example only);

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

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.

Gordon

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

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7 years 5 months ago #170225 by S
Replied by S on topic PIP Award
Thank you Gordon that is very helpful

Sudoe

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