- Posts: 51287
× Members
PIP assessment questions
- Gordon
- Offline
Less More
5 years 5 months ago #241009 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP assessment questions
chopsuey
What Descriptor(s) does he think he should score for?
Arguing that he does not meet the criteria for (f) could easily result in in the Mobility Award being reduced or even removed, does he understand this?
If his trips outside are documented on the assessment then the Decision was made with knowledge of them, I know we often criticise assessors and DMs for the way that they apply the legally defined Descriptors but this would seem to be a case where we should submit to their superior knowledge!
I feel obliged to raise the issue, no judgement intended, if his eyesight is as poor as you suggest in your post should he be riding this cycle, if he hit a pedestrian he would almost certainly have liability for any injuries that he caused.
Gordon
What Descriptor(s) does he think he should score for?
Arguing that he does not meet the criteria for (f) could easily result in in the Mobility Award being reduced or even removed, does he understand this?
If his trips outside are documented on the assessment then the Decision was made with knowledge of them, I know we often criticise assessors and DMs for the way that they apply the legally defined Descriptors but this would seem to be a case where we should submit to their superior knowledge!
I feel obliged to raise the issue, no judgement intended, if his eyesight is as poor as you suggest in your post should he be riding this cycle, if he hit a pedestrian he would almost certainly have liability for any injuries that he caused.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8436
5 years 5 months ago #241010 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP assessment questions
Hi chopsuey
I would save your energy and fight for when your son will be reassessed, time will soon pass. What your son needs is reassurance and that everything is above board.
Gary
I would save your energy and fight for when your son will be reassessed, time will soon pass. What your son needs is reassurance and that everything is above board.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- chopsuey
- Topic Author
- Offline
Less More
- Posts: 24
5 years 5 months ago #241019 by chopsuey
Replied by chopsuey on topic PIP assessment questions
Dear Gordon and Gary
Thank you very much for your replies. The mobility descriptors my son feels he fits are 1d (Cannot follow the route of an unfamiliar journey....) and 2b (Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided). This would still give him 14 points and the enhanced mobility.
I agree that we should submit to the DWP’s ‘superior knowledge’ and accept their decision on this and celebrate that he has the award!
However my son's extreme paranoia and anxiety is such that because he’s seen the inaccuracies on the consultation report he is adamant that he has to write to have the errors put right on record. And unfortunately Gary no amount of reassurance will reduce his anxiety as he believes he has a legal duty to inform the DWP or he will be liable for the errors because he has seen them. If he hadn’t seen the report he would not have to write to them about it but his paranoia that the DWP made their decision on accurate information meant he had to request the report and see it.!
We did manage to get him to wait till he got the Decision Maker’s letter before sending in his corrections. In some ways that was a good thing because the HP gave him 11 points for care (which we disagreed with) but the DM correctly gave him 16 points!
Thank you for your concerns about whether he should be cycling at all Gordon - I completely agree that he should not and he has already hit a pedestrian on more than one occasion but he will not listen to me or others and insists he’s taken steps to make it safer and taken out insurance.
So I guess we send a polite letter - do we start by saying he’s very grateful for his award? Then say that he feels that some of the information in the consultation report differs slightly to his recollection of what he said to the HP at his home medical assessment? And try and limit it to his main concerns?
Many thanks and kind regards
Chopsuey
Thank you very much for your replies. The mobility descriptors my son feels he fits are 1d (Cannot follow the route of an unfamiliar journey....) and 2b (Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided). This would still give him 14 points and the enhanced mobility.
I agree that we should submit to the DWP’s ‘superior knowledge’ and accept their decision on this and celebrate that he has the award!
However my son's extreme paranoia and anxiety is such that because he’s seen the inaccuracies on the consultation report he is adamant that he has to write to have the errors put right on record. And unfortunately Gary no amount of reassurance will reduce his anxiety as he believes he has a legal duty to inform the DWP or he will be liable for the errors because he has seen them. If he hadn’t seen the report he would not have to write to them about it but his paranoia that the DWP made their decision on accurate information meant he had to request the report and see it.!
We did manage to get him to wait till he got the Decision Maker’s letter before sending in his corrections. In some ways that was a good thing because the HP gave him 11 points for care (which we disagreed with) but the DM correctly gave him 16 points!
Thank you for your concerns about whether he should be cycling at all Gordon - I completely agree that he should not and he has already hit a pedestrian on more than one occasion but he will not listen to me or others and insists he’s taken steps to make it safer and taken out insurance.
So I guess we send a polite letter - do we start by saying he’s very grateful for his award? Then say that he feels that some of the information in the consultation report differs slightly to his recollection of what he said to the HP at his home medical assessment? And try and limit it to his main concerns?
Many thanks and kind regards
Chopsuey
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
5 years 5 months ago #241049 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP assessment questions
chopsuey
If he does write then he should make it clear that he is assessing himself as still meeting (d), that whilst he can follow a route to places that are familiar to him, he cannot follow a route to ones that are not.
If he is willing then I would also include information about the accidents that he has had, so the issue of whether he can do the above safely is still considered.
Lastly, if the award remains unchanged, then he should consider that it is an end to the matter.
Gordon
If he does write then he should make it clear that he is assessing himself as still meeting (d), that whilst he can follow a route to places that are familiar to him, he cannot follow a route to ones that are not.
If he is willing then I would also include information about the accidents that he has had, so the issue of whether he can do the above safely is still considered.
Lastly, if the award remains unchanged, then he should consider that it is an end to the matter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- chopsuey
- Topic Author
- Offline
Less More
- Posts: 24
5 years 4 months ago #241733 by chopsuey
Replied by chopsuey on topic PIP assessment questions
Thank you Gordon and Gary for all your help with this - yes the information about the accidents were included in the application and medical assessment. I wonder if this contributed to the decision that he’s unable to do even a familiar route “safely”. Also the ADM Memo 15/18 PIP - THE MEANING OF “SAFELY” - AMENDED VERSION highlights “the severity of harm” and paragraph 12 says if the severity of harm is very high then an activity might be considered unsafe even if the frequency of occurrence is quite low..”
Any thoughts?
Kind regards
Any thoughts?
Kind regards
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
5 years 4 months ago #241747 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP assessment questions
chopsuey
As I have said previously, I think this is a case where he should accept that the DWP know better, it is certainly possible that the higher award was made due to safety but I'm not sure how you might get them to confirm this.
Gordon
As I have said previously, I think this is a case where he should accept that the DWP know better, it is certainly possible that the higher award was made due to safety but I'm not sure how you might get them to confirm this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David