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PiP claim afte a stroke

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8 years 6 months ago #144493 by Mart
PiP claim afte a stroke was created by Mart
After suffering a bad stroke last year and waiting to see what the residual affects I would left with at about the 8 month period I decide that my condition was more than sufficient to apply for PIP an hopefully qualify for a mobility vehicle as walking was one of my main concerns.
Filled in the forms, had a visit for the medical assessor and waited, about 4 week passed, letter arrive and was awarded the standard rate (with 10 points), reading through the reasoning I thought a couple of areas could be improved on so asked for a mandatory review, sent of a letter of reason and again waited, approx 2-3 week passed ,letter arrived, and to my disappointment exactly then same award, with almost identical reasoning.
it would seem that unless you have a "mental issue" the is no chance of scoring points into the second section of the mobility award to allow you to qualify for a vehicle regardless of your lack of mobility.
I did seek advice on a tribunal but but set of advisers seem to agree with this mental dividing line and didn't feel I had a "mental issue" so haven't proceeded any more ?
i can only surmise that there will be many more people that will suffer from this type of situation and either not qualify or loose the existing mobility vehicle in the future.
I do feel the system at the moment is to black and white or tick the boxes and no common sense is used for the people that actually do have a mobility problem and require assistance to try to return to work and not claim even more benefits.
Please no not take this a a moan, just trying to make people aware of an unfair change to the new pip system as it partially failed for me.
MZH

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  • foss27
8 years 6 months ago #144503 by foss27
Replied by foss27 on topic PiP claim afte a stroke
Thanks for the message Mart.

It does seem as if the system has been altered to make as many people as possible ineligible for higher rate mobility.

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  • foss27
8 years 6 months ago #144509 by foss27
Replied by foss27 on topic PiP claim afte a stroke
Hi Martin
Read your other post on another thread nd you say you managed anout 8 metres stumbling.
The maximum points are for 0-20 metres so you would seem to qualify for this. If tou got ten points it would seem you were assessed as being able to do at least 20 metres but not more than 50.
Perhaps you should pursue the appeal.

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8 years 5 months ago #144738 by Mart
Replied by Mart on topic PiP claim afte a stroke
Hi
I thought you could only appear once ? which I have already done.
The next step is a tribunal, but at a tribunal there is the risk of your award being reduce in duration is that correct ?
MzH

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  • bro58
8 years 5 months ago #144741 by bro58
Replied by bro58 on topic PiP claim afte a stroke

Mart wrote: Hi
I thought you could only appear once ? which I have already done.
The next step is a tribunal, but at a tribunal there is the risk of your award being reduce in duration is that correct ?
MzH


Hi M,

The process to challenge an adverse decision is :

Request a Mandatory Reconsideration (MR) of the decision by The DWP, if this fails, appeal directly to The First Tier Tribunal (FTT), if that fails and The Tribunal have "erred in law" in coming to their decision, appeal to The Upper Tier Tribunal. (UTT)

Once your appeal is accepted by The FTT, if they are considering lowering, adversely altering or taking away an existing award they must first warn you and give you the opportunity to withdraw your appeal.

See : PIP MR/Appeals Guidance.

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

bro58

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