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Refused PIp as i drive a manual car

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4 years 2 months ago #243385 by lmc77
Hi there, first time posting. I had completed all the pip forms myself and felt confident in doing so as my issues are surrounding arthritic knees , so purely pain . I had the assessment which I felt went fine didn't feel they were trying to catch me out and I answered honestly and confidently based on the pain I am currently living ith day to day.

Having waited through the whole process i called as I had a few issue with my post and i wanted to make sure i hadn't missed any mail from them. The advisor told there had been a decision made and it wasn't what I was looking for. I hadn't been awarded mobility or daily living aspects.

He was very pleasant and advised i could ask for a Mandatory Reconsideration and I asked if he could send the report from the assessor . I have received the report but no official letter yet.

The report information is accurate and does reflect as much as i can recall the assessment. However as I drive short distances in a manual car they have used this as a reason to conclude "Despite significant restrictions stated , medication and observations , SOH notes she drives to and from her work 5 days per week. Her car is manual. this would suggest significant level of lower limb function and power. Likely that she can complete this unaided"

I do drive to work however I fail to see how this is relevant given as soon as i stand the pain in my knees is extreme.

I have supplied xrays, medication and physio inf.

Im hoping someone can help with this. as answering the pip questions honestly points to the fact i should be able to claim.

Thanks

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4 years 2 months ago #243386 by Gary
Replied by Gary on topic Refused PIp as i drive a manual car
Hi lmc77

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

There are two distinct issues with a claimant driving, one that is reasonable and one that is less so.First, the DWP will argue that someone who drives has good cognitive ability as the process of driving requires the driver to be aware of what is going on around them, to be able to pre-empt situations that they are approaching and to be able to manage the operation of the vehicle.They will also argue that it show good navigation skills and an ability to plan a route, however, claimants might be able to argue that if only one journey is undertaken and the claimant had to be shown that route, that they are in fact not able to plan or navigate a route, but there is little flexibility in this argument.Secondly, the DWP view driving as a physical activity, for example holding the wheel requires a level of dexterity, strength and endurance in their hands, arms, and shoulders, They also believe that the operation of the pedals is akin to walking and so someone who can drive can also walk. This argument is very weak, however, most people drive a car to go somewhere and having arrived at that place they may then need to then walk to complete their journey.

I don't know if you are thinking of putting in for an MR, but you will have to counter the above arguments and against what has been written in the assessment report to gain additional points. Have a look at our guides, if you have any further questions then please come back to the forum and ask.

Gary

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

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4 years 2 months ago #243388 by lmc77
Replied by lmc77 on topic Refused PIp as i drive a manual car
Hi there thanks for the resposne.

I have no cognitive issues and no other health issues other than osteoarthitis in my knees. I have answered all questions honestly as the only issues that affect me are the fact i cant stand without being in pain. How this is the same as sitting and pressing a pedal every so often is beyond me

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4 years 2 months ago #243391 by Gary
Replied by Gary on topic Refused PIp as i drive a manual car
Hi lmc77

It was easier to get the mobility component under DLA than PIP, PIP was engineered to be a more difficult to award than DLA, many DLA claimants will receive vastly reduced awards or even no award at all on transfer.

It is not always necessary to provide new evidence for an MR if you are happy that the evidence that you have already provided explains your limitations adequately.

You can challenge the assessor's comments, you might also want to check the distance you can walk before you have to stop and rest, how long to you have to wait to recover before moving off.

Also, have a look at the following;

You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.

Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.

The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.

If you walk slowly then it must take you at least twice the time to cover the distance as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.

You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.

I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example where can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?

You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide

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

So you need to explain what you can, how you are limited and why.

Gary

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

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4 years 2 months ago #243392 by Becky
Replied by Becky on topic Refused PIp as i drive a manual car
Hi Imc77. Is this claim for PIP a transition from dla?

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4 years 2 months ago #243398 by lmc77
Replied by lmc77 on topic Refused PIp as i drive a manual car
Hi there, no first time claiming for anything ever! I have explained everything in details, all were documented but each component has been refuted because of the manual car. EG preparing food, i had explained i chop all food and prepare it sitting down at a table, walk short distance to cooker, put food on to cook and return to sot down and so on as required for the meal as its too painful to stand. The answer to this has been zero points because i can drive a manual car

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