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pip lost my mobility award
- cathy
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9 years 2 weeks ago - 9 years 2 weeks ago #133108 by cathy
pip lost my mobility award was created by cathy
i used to recive midle rate care and high rate mobility after my recent pip vist accessment i have only been awarded daily standard care the accessor who came out didnt put into her lap top all the information i gave her i e i said to her i get a taxi every where i go i cannot walk more than 50 meters she put down i get a taxi some times and after she had finished asking me the questions she didnt read it back to my what my answers were i even sent a dr report to prove my health conditions in with my claim form so i have wrote to them asking for my claim to be looked at again i said i dont think my award was fair to me and without my mobility award i am now house bound and lost my independance altogether since this i have now been diagnosed with lymphodema in both my legs and have to get taxi to get bandages changed and attened a clinic which i am not able to do as i wont be able to afford taxis to appointments do you think i should write or ring the pip and tell them of my latest health problems ? so saddend that i have lost my independance now any advice much appreciated
Last edit: 9 years 2 weeks ago by . Reason: tick.
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- Gordon
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9 years 2 weeks ago #133121 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip lost my mobility award
Cathy
If you believe that you meet the criteria for a PIP Mobility award then you should consider challenging the Decision.
Dealing with your current problems first, have a word with your GP surgery they may know of a voluntary taxi service that you can use to get to where you have you bandages changed.
If this new condition has developed since you were assessed then you it will be ignored in regard to any challenge you make to the lack of a mobility award.
The first stage to challenging the 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 and 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 for the mobility component, 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.
As you appear to be new to B&W you should have a look at our PIP Claim guides for a better explanation of the PIP criteria and usage of the word "reliably", also available on the above link.
I do have to warn you that whilst you can ask for only the Mobility component to be looked at, the DWP are entitled to expand their reconsideration to include the Daily Living part as well, whilst it is unusual for it to happen, this could result in your losing this award.
If you have any specific questions then please reply to this post and we will do our best to help.
Gordon
If you believe that you meet the criteria for a PIP Mobility award then you should consider challenging the Decision.
Dealing with your current problems first, have a word with your GP surgery they may know of a voluntary taxi service that you can use to get to where you have you bandages changed.
If this new condition has developed since you were assessed then you it will be ignored in regard to any challenge you make to the lack of a mobility award.
The first stage to challenging the 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 and 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 for the mobility component, 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.
As you appear to be new to B&W you should have a look at our PIP Claim guides for a better explanation of the PIP criteria and usage of the word "reliably", also available on the above link.
I do have to warn you that whilst you can ask for only the Mobility component to be looked at, the DWP are entitled to expand their reconsideration to include the Daily Living part as well, whilst it is unusual for it to happen, this could result in your losing this award.
If you have any specific questions then please reply to this post 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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- cathy
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9 years 2 weeks ago - 9 years 2 weeks ago #133150 by cathy
Replied by cathy on topic pip lost my mobility award
Thank you for the reply i have in the last 3 days been diagnosed with lymphodema in both my legs and am told it is an ongoing condition i am reciving treatment do i write to pip or telephone them to let them know of this new health condiiton many thanks
Last edit: 9 years 2 weeks ago by .
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9 years 2 weeks ago - 9 years 2 weeks ago #133161 by
Hi C,
Yes, you could send copy of the evidence of your recently diagnosed condition, giving reasons why the resulting limitations should score you the requisite number of points with the appropriate PIP Descriptor/s.
However as a Mandatory Reconsideration (MR) and any subsequent Appeal will "re-look" at how you were at the time of the adverse decision and not at any time since then, you would have to tie in the fresh evidence to the time of the adverse decision, and show that it is "probable" that you suffered limitations as a result of this at that time.
The DWP might state that this freshly diagnosed condition could not be taken into account at that time as they were not made aware of it as you did not know.
However, the important issue would be for you to show that you suffered limitations at that time as a result of the then undiagnosed condition.
If they refuse to take it into account as part of an MR citing the reasons above and do not make a positive PIP award as a result of the MR, you could ask that the freshly diagnosed condition is accepted as reporting a Change of Circumstances. (C of C)
If successful then, any positive award would be payable from the time of reporting the C of C rather than from the time of the original adverse decision.
You could still go forward with your appeal as the result of the failed MR, that being the case, but any decision made by The Tribunal would only run from the time of the original adverse decision until the time of the decision made as a result of you reporting The C of C.
Hopefully, they will accept the newly diagnosed condition as being pertinent at the time of the adverse decision.
You should send this fresh evidence with The MR Request as advised by Gordon.
Sending Documents to the DWP.
bro58
Replied by on topic pip lost my mobility award
cathy wrote: Thank you for the reply i have in the last 3 days been diagnosed with lymphodema in both my legs and am told it is an ongoing condition i am reciving treatment do i write to pip or telephone them to let them know of this new health condiiton many thanks
Hi C,
Yes, you could send copy of the evidence of your recently diagnosed condition, giving reasons why the resulting limitations should score you the requisite number of points with the appropriate PIP Descriptor/s.
However as a Mandatory Reconsideration (MR) and any subsequent Appeal will "re-look" at how you were at the time of the adverse decision and not at any time since then, you would have to tie in the fresh evidence to the time of the adverse decision, and show that it is "probable" that you suffered limitations as a result of this at that time.
The DWP might state that this freshly diagnosed condition could not be taken into account at that time as they were not made aware of it as you did not know.
However, the important issue would be for you to show that you suffered limitations at that time as a result of the then undiagnosed condition.
If they refuse to take it into account as part of an MR citing the reasons above and do not make a positive PIP award as a result of the MR, you could ask that the freshly diagnosed condition is accepted as reporting a Change of Circumstances. (C of C)
If successful then, any positive award would be payable from the time of reporting the C of C rather than from the time of the original adverse decision.
You could still go forward with your appeal as the result of the failed MR, that being the case, but any decision made by The Tribunal would only run from the time of the original adverse decision until the time of the decision made as a result of you reporting The C of C.
Hopefully, they will accept the newly diagnosed condition as being pertinent at the time of the adverse decision.
You should send this fresh evidence with The MR Request as advised by Gordon.
Sending Documents to the DWP.
bro58
Last edit: 9 years 2 weeks ago by .
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- Bud
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9 years 2 weeks ago #133228 by Bud
Replied by Bud on topic pip lost my mobility award
Hi Cathy,
I'm sorry to hear about your PIP award, hope you get it sorted soon.
Just to say that some hospitals will reimburse your taxi fare. You just need to show them a copy of your benefits, & hospital appointment. They may also ask for a letter from your Dr to say that you need to get a taxi. If they wont reimburse taxi fare, then they should send an ambulance for you. Good Luck!
I'm sorry to hear about your PIP award, hope you get it sorted soon.
Just to say that some hospitals will reimburse your taxi fare. You just need to show them a copy of your benefits, & hospital appointment. They may also ask for a letter from your Dr to say that you need to get a taxi. If they wont reimburse taxi fare, then they should send an ambulance for you. Good Luck!
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