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25 years of motability and now don't qualify :(

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4 years 4 months ago #240038 by Jackie
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Hello all
Just having a bit of a bad day. Got terrible knees following a nasty accident when I was a child. All sorts of problems, loads of operations and lots of medication. Been on DLA since I passed my driving test (now in my 40s). Very lucky to have had it, as now I do not qualify for the enhanced component and cannot get the car. It seems that if you have a pure mobility issue you simply cannot qualify for the mobility component. It is crazy. I am going to ask for a mandatory reconsideration but I am so stressed and upset I don't know what to do as I risk my award going down. I got 10 points out of 12. Any help/advice appreciated. Also -- my award is only 3 years. Does anyone have any experience of appealing for a longer period? My condition is on-going and not going to get better. thanks everyone

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4 years 4 months ago #240040 by BIS
Hi Jackie

I am sorry to hear about your award.

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

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.

There are only two or three members who have reported a successful appeal on the length of the award, but that doesn't mean you shouldn't do so.

BIS

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