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Failure to get the higher rate motobility
- Andrew
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6 years 11 months ago #187838 by Andrew
Failure to get the higher rate motobility was created by Andrew
Hi just been told that i have failed to get the higher rate mobility payment ,they told me that i said i can walk 20 to 30 meters ( lies i said i can walk 20 to 30 feet ). That said i can prove that they dont want anyone to drive ,
This is a direct quote from DVLA
You reported that you drive a manual car weekly. The activity of driving a car is in itself a multitasking activity requiring significant physical function in terms of grip,power and upper and lower joint movements therefore i have decided that you can stand and move more than 20 meters but less than 50 meters aided for the majorityof the time
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So if you drive a manual car with no adaptions your not going to get the higher rate mobility,
Apparently driving proves you can walk more than 20 meters
This is a direct quote from DVLA
You reported that you drive a manual car weekly. The activity of driving a car is in itself a multitasking activity requiring significant physical function in terms of grip,power and upper and lower joint movements therefore i have decided that you can stand and move more than 20 meters but less than 50 meters aided for the majorityof the time
.
So if you drive a manual car with no adaptions your not going to get the higher rate mobility,
Apparently driving proves you can walk more than 20 meters
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- Gordon
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6 years 11 months ago #187890 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Failure to get the higher rate motobility
Andrew
The DWP will make assumptions about the distance a claimant can walk if they admit to be being able to drive, you need to explain why these are wrong and your walking is severely limited.
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;
Gordon
The DWP will make assumptions about the distance a claimant can walk if they admit to be being able to drive, you need to explain why these are wrong and your walking is severely limited.
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;
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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