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4 years 3 months ago #243097 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Refused
Hi Larry
It is an aid, but I can see why the assessor wrote that you were only using a single stick. I'm not saying that's right, but I suspect someone may argue that it's a seat - and not necessarily used for walking. (I think a tribunal panel would see it differently). Obviously you have already tried to overcome the fact that you overestimated just what you can do before you need to rest. Make sure that you describe, how long you have to rest for and what are the differences in your mobility and how you feel when you set off again (fatigue, pain, breathlessness etc)
Also when you put in your appeal - look at all the areas where you did not score points and try and understand why. The DWP are not interested in your conditions per se - they are interested in how they impact on the PIP criteria. So just taking one of your conditions - your osteoarthritis -- look at how that might impact on your ability not just to walk - but say to prepare food and cook.
BIS
It is an aid, but I can see why the assessor wrote that you were only using a single stick. I'm not saying that's right, but I suspect someone may argue that it's a seat - and not necessarily used for walking. (I think a tribunal panel would see it differently). Obviously you have already tried to overcome the fact that you overestimated just what you can do before you need to rest. Make sure that you describe, how long you have to rest for and what are the differences in your mobility and how you feel when you set off again (fatigue, pain, breathlessness etc)
Also when you put in your appeal - look at all the areas where you did not score points and try and understand why. The DWP are not interested in your conditions per se - they are interested in how they impact on the PIP criteria. So just taking one of your conditions - your osteoarthritis -- look at how that might impact on your ability not just to walk - but say to prepare food and cook.
BIS
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4 years 3 months ago #243333 by Larry1234
Replied by Larry1234 on topic PIP Refused
Gordon,
PIP appeal submitted to HMCTS via internet today.
Larry
PIP appeal submitted to HMCTS via internet today.
Larry
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4 years 3 months ago #243477 by Larry1234
29/1/20 Correction to the above: I used an aluminium walking stick, not a wooden one:
www.amazon.co.uk/gp/product/B009DZP3M8/r...TF8&psc=1&pldnSite=1
Replied by Larry1234 on topic PIP Refused
Larry1234 wrote: 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
29/1/20 Correction to the above: I used an aluminium walking stick, not a wooden one:
www.amazon.co.uk/gp/product/B009DZP3M8/r...TF8&psc=1&pldnSite=1
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4 years 3 months ago #243484 by Larry1234
Replied by Larry1234 on topic PIP Refused
Larry1234 wrote:
Larry1234 wrote: 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
29/1/20 Correction to the above: I used an aluminium walking stick, not a wooden one:
www.amazon.co.uk/gp/product/B009DZP3M8/r...=1&pldnSite=1[/quote
I somehow pasted the wrong ref., here is the correct one:
smile.amazon.co.uk/gp/product/B00667BEK6..._title?ie=UTF8&psc=1
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4 years 1 month ago #246112 by Larry1234
Replied by Larry1234 on topic PIP Refused
Gordon,
Today I received a copy of the response to the Tribunal from the DWP. It appears that they are maintaining the error that I used one walking stick at the assessment and rely on the assessment as the deciding factor in non-awarding of Mobility points. In conclusion the DWP, "oppose this appeal and ask the Tribunal to dismiss the appeal and confirm the Secretary of State's decision." Does this mean that they can prevent me having a hearing?
At the same time it appears that I am entitled to 8 points for Daily Living. I was originally awarded 2 points for my hearing aids, however, "At appeal stage, I looked at the available evidence and think Mr. X satisfies discriptor B for activities 1, 4 & 5 this takes his total to 8 points for the Daily Living component...... However, in his appeal the Appellant did not dispute the daily living component of Personal Independence Payment, so I ask the Tribunal to confirm the Secretary of State's proposal to support changing the descriptors of activities 1, 4 & 5 as detailed above". Does this mean I'll receive PIP for Daily Living? (back-dated to the date of my claim)).
I will continue my appeal regarding Mobility.
Yours comments will be appreciated.
Larry
Today I received a copy of the response to the Tribunal from the DWP. It appears that they are maintaining the error that I used one walking stick at the assessment and rely on the assessment as the deciding factor in non-awarding of Mobility points. In conclusion the DWP, "oppose this appeal and ask the Tribunal to dismiss the appeal and confirm the Secretary of State's decision." Does this mean that they can prevent me having a hearing?
At the same time it appears that I am entitled to 8 points for Daily Living. I was originally awarded 2 points for my hearing aids, however, "At appeal stage, I looked at the available evidence and think Mr. X satisfies discriptor B for activities 1, 4 & 5 this takes his total to 8 points for the Daily Living component...... However, in his appeal the Appellant did not dispute the daily living component of Personal Independence Payment, so I ask the Tribunal to confirm the Secretary of State's proposal to support changing the descriptors of activities 1, 4 & 5 as detailed above". Does this mean I'll receive PIP for Daily Living? (back-dated to the date of my claim)).
I will continue my appeal regarding Mobility.
Yours comments will be appreciated.
Larry
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4 years 1 month ago #246120 by Gordon
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Replied by Gordon on topic PIP Refused
Larry
The DWP's comments are standard for an appeal, they cannot stop your appeal with the exception of making an award but the letter says that they will not be doing this, at least not at this time.
Gordon
The DWP's comments are standard for an appeal, they cannot stop your appeal with the exception of making an award but the letter says that they will not be doing this, at least not at this time.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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