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PIP Refused

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4 years 4 months ago #241849 by Larry1234
PIP Refused was created by Larry1234
Today I received my PIP decision and was awarded 2 points for my hearing aid. 0 points for mobility, which was the main point of claiming. Part of the decision is as follows: "You said you have difficulty moving around. I decided you can stand and then move more that 200 metres. This is consistent with informal observations at your face to face consultation". etc.

I had declared my health problems, and their effects, on the claim form mentioning Asthma, ME/CFS, hearing difficulties, Osteo Arthritis and balance difficulties. It appears that all the information I submitted with regard to climbing 9 flights of stairs carrying a rollator to my flat, and dangers of unaided walking have been ignored. On a bad day I walk less than 20 metres before stopping, particularly with dual walking sticks. On good days anywhere between 20 to 150 metres before stopping, with a rollator. I don't think I go as far as 200m without stopping. It seems that the whole issue has been reduced to the walking distance with no regard to issues of safety, or need of assistance, My self assessment rates me at 8 to 12 points for mobility depending on health condition at the time.

I have been discouraged for a long time from claiming PIP due to my negative experiences with the DWP which refused ESA and then health related UC. I finally obtained my limited capability for work UC after winning HMCTS appeal.

I am considering a Mandatory Reconsideration but am quite frankly sick of the DWP. Comments on the matter would be appreciated.

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4 years 4 months ago #241855 by Gordon
Replied by Gordon on topic PIP Refused
Larry

One of your problems is that your description of your problems does not match against the Descriptors, so you say that you can walk 20m to 150m with your rollator, however, the Descriptors that cover distances more than 50m do not take account of any aids that you use so the rollator will not be considered.

You also do not distinguish between the distances that the Descriptors consider, so the Descriptors cover 1m-20m, 20m to 50m and 50m to 200m, at best you are assessing yourself as scoring four points for walking 150m

Lastly, you do not indicate how often you are limited to shorter distances, to score you must be restricted on the majority of days.

I'm not saying that you do not meet the criteria for an award but you certainly need to think about how you present your case if you are to be successful with an MR or appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 4 months ago #242000 by Larry1234
Replied by Larry1234 on topic PIP Refused
Gordon,

Thank you for your reply.

Today I walked to a shop with my rollator and did some metrics. I found that I seem to be eligible for 2) d: 10 points. My average today was approx 18 metres before stopping. Min. 3.3 metres. Max 40 metres . Today was quite a 'good day'. This is at least then a 'majority of the time' metric. If I were using dual walking sticks it might very well be 2) e. 1m-20m. Next time I use them I will check.

My mentioning 150 metres in my original post was a gross over estimate of my capability and should now be considered invalid.

Now that I am much clearer on this issue I hope I will be able to proceed with MR.

Larry

Descriptors info., Ref: www.citizensadvice.org.uk/Global/Migrate...ptors-and-points.pdf

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4 years 4 months ago #242013 by Gary
Replied by Gary on topic PIP Refused
Hi Larry1234

Don't forget to look at our guides, remember The Going Out activity looks at three things.

Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.

Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.

Following a route - This activity about the problems you would have navigating a route. So are there problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.

If you say your walking is restricted, you would need to be unable to reliably walk more than 50m to score sufficient points for an award just on the Moving Around activity.

Keep a day diary on how you are each day, you can use this evidence if you go to tribunal.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 3 months ago #243005 by Larry1234
Replied by Larry1234 on topic PIP Refused
Gordon,

MR sent, MR Notice received. Awarded 0 points for mobility. PIP refused. (As expected).
The decision maker, as usual, appears to make the most our of an, apparently, partly inaccurate face to face assessment report: "You were observed to walk at a slow pace with one stick for about 30 metres, to the assessment room, with ease." How Chaplinesque. I use 2 walking sticks and haven't moved, "with ease" in years. I will have to request the medical report to see whether the above is an accurate quote., as part of an appeal to HMCTS.

"There is no evidence of balance problems" lol - why do I use 2 sticks or a rollator? Anyway enough of this... I will update anon.

Larry

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4 years 3 months ago #243095 by Larry1234
Replied by Larry1234 on topic PIP Refused
Gordon,

Medical report received today (PIP Consultation report form - PA4). The decision maker's quote is taken from the report, 1 walking stick etc. I used 2 sticks at the assessment, one of which is an ordinary wooden stick and the other an aluminium cane seat. I assume that the latter is recognised as a walking aid? if not it would explain it not being mentioned.

smile.amazon.co.uk/gp/product/B009DZP3M8..._title?ie=UTF8&psc=1

The MR notice strongly suggests that the decision was based on the Atos 'snap-shot' assessment.and appears to disregard other evidence. I'm starting on a HMCTS appeal as a consequence.

More in due course.

Larry

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