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TOPIC: Advice on mobility for appeal

Advice on mobility for appeal 3 weeks 4 days ago #236401

Could anyone give advice on what to do to appeal this and what descriptor would be correct .

Note.
1/ I made it clear that I no longer drive to the local shop as I feel unsafe driving to Dizziness
and panic and even when I did it was dependant on whether I felt ok and it took a huge effort
and sometimes days to actually accomplish, also used to go at night about 9pm so it was
quiet.
2/. Also provided medical record which stated that I had discussed with G.P safety aspect.
Record states. Advised not to drive as unpredictable.
3/ My Sister drives me to all appointments not just G.P appointments as she needs to give input
as I find it difficult to cope with conversation when anxiety kicks in. My Sister lives 2 miles
away and works full time 5 days a week.
4/ Awarded 2 points needs prompting to engage with people.
5/ Planning and following a journey awarded 0 points
6/ Awarded 4 points Moving around .
7/ Medication Mirtazipine , aspirin, ibuprofen and previously Diazepam as well.
8/ Accompanied during assessment by Mental health support worker and Sister who had to prompt etc.


9/ CQ actually states.
I find I am withdrawing more as I find going out results in me becoming overwhelmed and suffering exhausting and crushing panic attacks leaving me utterly drained mentally and physically, It makes me feel sick and my stomach churns and my head spins. The panic attacks leave me breathless shaky and dizzy. I avoid going out as much as possible.


Assessor report.
The CQ states that he is withdrawing more as going out results in feeling overwhelmed and causes fatigue and panic attacks. He avoids going out where possible.

The FH states he is able to plan and follow a route, by using a map, google maps, satellite navigation system or asking for directions.He only leaves the home about once a week to the local shop alone, but for the majority of the days he lacks interest in going out and feels withdrawn so avoids doing so. He is accompanied to attend G.P appointments and he is forgetful and feels anxious. He has panic attacks every time he goes out with symptoms of breathlessness, tiredness, dizziness and verbally aggressive and he manages them by avoidance. This lasts until he returns home. He normally only goes out with his sister for support
He is capable of going out for the majority of days if his sister is with him.

FH details confusion and poor processing ability due to brain fog, however MSE showed mildly slower but acceptable processing, acceptable memory function, intellect and cognition, SOH shows ability to drive a car which requires focus and cognition. FME does not suggest any memory problems and he has no formal diagnosis of ME. This indicates that he would be likely to plan and follow the route of a journey.

HOC details anxiety causing avoidance of going out partially consistent with his level of CMHT input, medication, reports of panic attacks when going out at all times and FME, however FME does not suggest anxiety or difficulties accessing the community and although he was accompanied during the assessment MSE showed no evidence of anxiety and he did not need prompting or emotional support to engage with the assessment which he did to an acceptable standard and remained pleasant and polite with normal eye contact.

HOC shows no anxiety medications, everyday is the same and he is able to drive to the local shop alone about once a week.

Overall there is no evidence of overwhelming psychological distress that affects function.

Therefore it is likely that for the majority of the days he can plan and follow the route of a journey unaided to an an acceptable standard and safely.


Sorry it’s so long :-)
Any input / advice would be greatly appreciated.

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Advice on mobility for appeal 3 weeks 4 days ago #236412

Hi Hector479

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, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

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.



The biggest issue I see from what you have written is that you are going to have to show in your rebuttal that you do suffer overwhelming psychological distress. You didn't get awarded any points because in her opinion she saw no sign of it. You go out with your sister when you need to and she erroneously thinks you are still driving. If you have any evidence from your doctor - then you need to emphasise that when arguing this point. Be aware if you say that you stay at home the majority of time to avoid the OCD you still might not score any points because you rarely go out. I'm not saying this is right - but at the moment the assessor has said when you need to go out with your sister you do - so you have to argue against that with your written evidence.

From what you have said 2 points is what you would expect to be awarded for engaging with other people (but I am not an assessor). If you believe this is wrong you have to argue why. At the moment the assessor says you engage very well - so again you have to reiterate which she may be mistaken.

I cannot comment on the moving around four points you have said nothing about having physical difficulties in walking which is what this is about.


BIS
The following user(s) said Thank You: Hector479

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

Advice on mobility for appeal 3 weeks 4 days ago #236422

Thanks for your response.
Mandatory reconsideration has been completed btw .

The moving around 4 points is correct . I just mentioned it to give facts.
Can stand and then move more than 50 metres but no more than 200 metres either aided or unaided.


I do believe the Assessor hasn’t realised I don’t drive anymore for safety reasons.

Your advice is appreciated and I will take another look at all the evidence and decide the best course of action.

Thanks

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