PIP Query

Krill

Although you can argue that a problem completing an activity at some point in a day can be relevant to the whole day, it will be entirely dependant on the activity and the time of day that you are affected. A good example would be if you have issues with washing and bathing in the morning, then it would be reasonable to argue that would have an impact for the rest of the day.

As your issues appear to be in the evening I think you will find it more difficult to argue your case, although not impossible, again as an example if you have treatment that must be undertaken in the evening then your additional problems at that time might allow you to score more points.

As to your Mobility. The Moving Around activity test your ability to stand and move (walk) a distance, it can only consider physical issues that restrict the distance you can move. I'm guessing that the inclusion of references to stairs slopes, or toilet needs, etc. are from your PIP2, I'm afraid I would not expect these to be taken into account for the Moving Around activity, the test only considers level ground and needing to stay near a toilet would not be considered as restricting your walking.

If you want to consider a Mandatory Reconsideration then the first thing you need to look at is your ability to score the extra points for a higher award., if you believe that you can reasonable achieve this then you need 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;

"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.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Krill wrote: Thanks Gordon,

I am still puzzled by the mobility aspect. It says in the summary page I have nothing yet in the pages showing where I scored points it says 12 for mobility and 9 for daily living.

I understand what you mean by evenings being more difficult. The decision maker did write if I can eat breafast and lunch then I have had enough nutrition for the day, although I think being expected to go from lunch to breakfast the next day without eating alittle unfair.

I will start the ball rolling on Monday and this time send more evidence.

You should certainly raise the issue of the points discrepancy If you request an MR, it's possible that the DM felt that they allocated for invalid reasons.

Gordon