Asking for mandatory reconsideration for mobility

Wow Ian, listen, I appreciate the help but prefacing sexist comments with "Not being sexist, but..." does not stop it from being sexist. PEOPLE can sometimes make mistakes when judging distances. Full stop. No need to say ladies. Let's move on.

Gordon, thanks for your comment, yes my symptoms persist when I'm standing and walking, My headache, breathlessness and chest pain all get worse the longer I am on my feet, the visual loss/disturbances and dizziness are strongest at first and then I can manage to walk through it as it becomes just my peripheral vision and bouts of dizziness. The longer I tolerate them though, the more I feel like I am in a movie (dissociation) and not myself. I will reread my letter and make sure that I have made it clear that my worst symptoms (chest pain/breathing problems) are present the whole time, as you make a good point about the assessor maybe not realising this. Although, it makes no sense that she would select 20m but not 50m if she thought my symptoms were only upon standing and didn't persist.

Ian, thanks for that, I will quote it directly in my letter along with the bits I have already written about the effect walking/standing has on me and how much I have to rest. I usually don't take longer as for me it's about time on my feet so I try and walk at a normal pace and then be able to sit down sooner. But I definitely cannot repeat the distance. I have to get the kids to get me things all day as I cannot get up for a glass of water, then get up to let the dog out, then get up to answer the door etc. I'd be an absolute panicking mess and unable to catch my breath by the end of the day.

Hmm, I've just realised I should mention that every day, by the evening, I am in a lot of pain and panic because of the suffocating feeling, due to having to get up each day. That should also count as being unacceptable too I think. If I have a bed rest day, I will not have that feeling by the end of the day. I will think of how to word it but if you guys have any suggestions that would be useful.

Actually, I should clarify that I have chest pain/breathlessness while sitting and lying, it just gets WORSE when I stand and walk. I will clarify this in the letter. I have lived so long with the condition that it's easy to forget the details when talking about it.

No, let's not move on.

If you admit to being able to walk 20 metres then that's that. You won't get 12 points.

I was trying to suggest that you should use the fact that you are female to say that your estimation of distances is not very good and that, now you have had the distance you walk accurately measured, in fact it is not 20 metres but less. Saying that you are not very good at measuring distances because you are female is simply something that I suggest would look good in your letter - add more weight and so on.

However, if your view of sexism is so strong that it overcomes your wish to get the higher rate of mobility then don't use my suggestion. My own opinion is that the DWP will use every possible excuse to award as little as possible and that, therefore, it is necessary for you to use every possible means to prove them wrong.

I am trying to help and your suggestion that I am sexist is frankly very off-putting. I shan't waste my time reading any more of this thread.

Good luck with your letter.

Ian, you told me to get my husband to measure it for me as "ladies" can make mistakes with distances. That is sexist. If I made a mistake with the measurement, I would tell the DWP I made a mistake, as I am a person, not because I am a woman. Are you saying that men don't make mistakes measuring, but since I am a woman the DWP is more likely to believe that I made a measuring mistake? The main case study I have looked at for evidence is a case where a man misjudged how far he could walk and went to tribunal over his inconsistencies.

If you admit to being able to walk 20 metres then that's that. You won't get 12 points.

Well I think we've established this isn't true in previous posts and is the case I'm making to the DWP. I cannot walk 20m to an acceptable standard. I CAN physically walk it, but it would not meet the criteria for reliability. Therefore, I absolutely should get the 12 points I have outlined this in my MR letter now.

Also, I measured the distance using google maps (look at that, my husband didn't even need to help me turn on the computer or ANYTHING!!) and it is 21m, so I am not going to use that as a reason. Even if I found it was 15m, I would still not really need to put it in my letter as I've already told them I have to rest before walking back and that I am sore and breathless the whole time, AND I have to rest for a couple of hours afterwards. I also am unable to walk for a significant portion of the day, which also counts.

I relented and took a look.

I have an acquaintance who has terminal cancer and can barely move around at all, he feels so ill. Another acquaintance has MS and almost constantly uses a wheelchair. A third has Parkinson's and on some days cannot even get out of his house. The DWP took away their motability vehicles upon assessing them for PIP from DLA. Another person my wife knows often uses public transport to get about, including the train, which necessitates walking a great deal. He kept his motability vehicle upon transferring to PIP (although how is a mystery).

Although I, personally, did not use a motability vehicle, The DWP dropped me from Higher Rate Mobility DLA to nothing. I walked 8 metres to the ATOS assessor's office from which she decided I could walk more than 50 metres.

There is neither rhyme nor reason to account reasonably for any of the above but of one thing I am certain - the DWP is more likely than not going to try to NOT give you an award and could very easily ignore any explanations you provide - as they did with me.

For this reason, I urge you to use every weapon you can bring to bear when talking to the DWP. And when you have run out of bombs and bullets then throw stones. Use every ploy tactic and strategy you can think of. Which is why I suggested that since you are a woman the DWP is more likely to believe you made a measuring mistake - still a fact of life, these days, like it or not (their belief not your measuring ability). Swallow your ideals, if necessary, and use EVERY weapon. The so-and-sos are out to get you.

All academic in your case, of course, since your estimate of the distance is quite accurate (well, who would've thought that?) but I am sure you get my point.

I sincerely hope that your MR will overturn the current decision and give you the higher rate. But if not then please go to Appeal. The Appeals Tribunal overturned the DWP's decision and awarded me 12 points.

Good luck, Ian.

PS Just a suggestion - if you do need to go to appeal then wear bright red lipstick, smile a lot and flutter your eyelashes.