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PIP. Anyone had this happen

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7 years 11 months ago #158796 by HippyChick73
PIP. Anyone had this happen was created by HippyChick73
Hi All
I just had my pip award letter

Im in the support group at present was placed in it with no problem back in January.
i can't weight bear on my left leg and unable to use crutches due to problems with griping in my hands and im waiting for operation on my back , numerous slipped / bulging disc problem and very very severe sciatica on numerous tablet 5 different types a day

So I had my PIP interview at a place 30 miles away from where I live despite there being 2 offices within a 5 -10 min drive
My brother in law took me in his SUV as I can't get into a normal car due to my back / leg problem

I use a wheelchair at the moment for when I go out anywhere and I neec to have someone to push me as I can't use my left hand properly

interview was going ok she examined my leg asked me to move both of them then she asked me to
stand up .

I said I couldn't stand up if I do I will fall over and hurt myself
She asked me again to stand and I gave the same answer

She then said "am I declining to stand up "

I replied "no I simply can't do it without falling over and hurting myself and im not prepared to do that "
I added that my doctor & physio had both told me not to try and mobilise myself until I see the consultant about my operation

She then muttered under her breath that I will have to stop the interview if you don't stand up and continue to decline
I shrugged and said well im not refusing to do anything but I can't physically stand up without falling over and hurting myself

So that was it interview over

So yesterday I just received the letter and I got standard rate care & No mobility despite not being able to walk or stand up

Now im going to appeal , have rang up and asked for a reconsideration and asked for the medical report so I can see what's been writen

But im sure that she used the word decline ( which I never said ) to say that she couldn't examine he hence no mobility . She was quite insitant on using the word decline several times .

She did examine my leg while I was sat down but obviously I couldn't stand up as im not able to

when I had my ESA appointment he noted that I could not mobilise so did not ask me to stand as I clearly couldnt do that

Has anyone else had this happen to them in that they use the words decline in such a sneaky way

It was obvious that I wasn't declining to be examined but I couldn't physically do what she asked

But I belive she has used the word decline in order to give me no mobility award

I got standard rate care and no mobility
Any tips on how I should appeal this in the MR
I Know I don't have my nedical report yet but this is definatly the case as I fit the descriptors for high rate mobility
How do I say that I didn't decline to be examined I simply couldn't do what I was asked to do
I do have a witness who is prepared to write a statement confirming what happened


Timeline for this for anyone that is interested my form was submitted on 11 Feb 2016 got interview 4th May and got reply back on the 16th May so less than 3 months start to finnish -although I have to go through the MR now. Im in the South West so they seem to be a bit on the ball down here
My ESA was 11 week till interview and got my anwser 10 days later and places in the support group

Thanks In Advance

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7 years 11 months ago #158826 by Gordon
Replied by Gordon on topic PIP. Anyone had this happen
HippyChick

We have seen it before, try not to get hung up on it, you have more chance of an award by explaining what would have happened if you had agreed to do the exercise than arguing over whether you declined or not.

Gordon

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

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