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pip assessment
- marie
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8 years 7 months ago #141427 by marie
pip assessment was created by marie
hi i got the results for my pip assessment standard rate living allowance and they took my mobility off me.
i have fibromyalgia and polyarthalgia, severe arthritis in my two knees and left ankle, right wrist and moderate arthritis in my two shin, i cannot walk 10 metres without stopping an am in severe pain. i have angina, liver fibrosis, hypertension, small arteries disease, tmj and have been referred to the jaw hospital.
they said i can walk with the aid of my daughter. that i could use a wheel chair yet i could not wheel it my muscles hurt in my arms.
i am nearly 60. my arthritis is degenerative. the assessor said i walk very slowly with the aid of my daughters arm, and the decision maker said because i hold my daughters arm to walk i cannot be in sever pain all over my , at a slight touch. so i have asked for a reconsideration and advised them that i intend to go to tribunal, if refused and i have sent a copy of letter to my mp and doctor, i have my pip for 18 months.
this system is so corrupt, i went to tribunal last time and won the case and got three years back pay as well. any advice/
i have fibromyalgia and polyarthalgia, severe arthritis in my two knees and left ankle, right wrist and moderate arthritis in my two shin, i cannot walk 10 metres without stopping an am in severe pain. i have angina, liver fibrosis, hypertension, small arteries disease, tmj and have been referred to the jaw hospital.
they said i can walk with the aid of my daughter. that i could use a wheel chair yet i could not wheel it my muscles hurt in my arms.
i am nearly 60. my arthritis is degenerative. the assessor said i walk very slowly with the aid of my daughters arm, and the decision maker said because i hold my daughters arm to walk i cannot be in sever pain all over my , at a slight touch. so i have asked for a reconsideration and advised them that i intend to go to tribunal, if refused and i have sent a copy of letter to my mp and doctor, i have my pip for 18 months.
this system is so corrupt, i went to tribunal last time and won the case and got three years back pay as well. any advice/
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- Gordon
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8 years 7 months ago #141444 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip assessment
Marie
I'm sorry to hear that you have not received a Mobility award.
If the Decision Maker has indeed said that you could use a wheelchair as a reason for denying a mobility award, then this would be an error of law, as the legal test is for the claimant to be able to stand and then walk, the test absolutely does not include the use of a wheelchair.
I do have to warn you that whilst you can ask for the DWP to only look at the Mobility component they are entitled to extend it to the Daily Living part as well, so you should consider how safe this is, even though you appear to have already requested an MR it should be possible to withdraw it if you want.
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 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, 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;
"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.
Gordon
I'm sorry to hear that you have not received a Mobility award.
If the Decision Maker has indeed said that you could use a wheelchair as a reason for denying a mobility award, then this would be an error of law, as the legal test is for the claimant to be able to stand and then walk, the test absolutely does not include the use of a wheelchair.
I do have to warn you that whilst you can ask for the DWP to only look at the Mobility component they are entitled to extend it to the Daily Living part as well, so you should consider how safe this is, even though you appear to have already requested an MR it should be possible to withdraw it if you want.
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 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, 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;
"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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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