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PIP Assessment using driving as a descriptor.
- george24538539
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4 years 2 months ago #243714 by george24538539
PIP Assessment using driving as a descriptor. was created by george24538539
I had my DLA to PIP assessment late last year, and the person who assessed me seemed fixated with reporting to every activity with the fact that because i drove once in 4 months this gave me the ability to wash ,dress and prepare meals on a daily basis . i know there have been numerious PIP appeals overturned on the Dwp using driving as a descriptor . as i only drove once in 4 months . how can the Dwp use this activity when it states in there guild lines that to for fill any activity it must be assessesed that the claimant acheives 50% of any activity to meet the criteria .
As anyone else been assessed in this manner , and does anyone know of court and tribunial case numbers that show this .
As anyone else been assessed in this manner , and does anyone know of court and tribunial case numbers that show this .
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- BIS
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4 years 2 months ago #243716 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Assessment using driving as a descriptor.
Hi George
You are right, it is something that quite a lot of people fall foul of. You need to google 'PIP tribunals and driving' to see whether you can find any relevant cases.
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 I think 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. I (for what it is worth as I don't do assessments) think that 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.
Once in four months means you don't really drive and it is annoying that they then say you can dress and cook because you can drive and people have to work hard to overcome these assumptions.
BIS
You are right, it is something that quite a lot of people fall foul of. You need to google 'PIP tribunals and driving' to see whether you can find any relevant cases.
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 I think 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. I (for what it is worth as I don't do assessments) think that 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.
Once in four months means you don't really drive and it is annoying that they then say you can dress and cook because you can drive and people have to work hard to overcome these assumptions.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- george24538539
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4 years 2 months ago #243977 by george24538539
Replied by george24538539 on topic PIP Assessment using driving as a descriptor.
Good morning Bis .
Thank you for replying to my post .
Since your reply things have changed dramatically . last Thursday i rang the DWP to chase up my appeal papers because the Dwp had not returned the requested documents that the Tribunal service had requested . The lady who i spoke to could not have been more helpful , she personally rang the department who read the papers prior to submission and said that " She wanted them looked at asap, and she would ring me on friday 14th feb .
Today Monday 10th feb i had a phone call from the relevant dept who wanted to ask me a few questions on my health conditions . after which i was told my medical was not conducted to the standard they demanded , and i would now receive enhanced Pip on both Daily living and Mobility . so now i dont have to return my car . shows that the Dwp do have caring people
Thank you for replying to my post .
Since your reply things have changed dramatically . last Thursday i rang the DWP to chase up my appeal papers because the Dwp had not returned the requested documents that the Tribunal service had requested . The lady who i spoke to could not have been more helpful , she personally rang the department who read the papers prior to submission and said that " She wanted them looked at asap, and she would ring me on friday 14th feb .
Today Monday 10th feb i had a phone call from the relevant dept who wanted to ask me a few questions on my health conditions . after which i was told my medical was not conducted to the standard they demanded , and i would now receive enhanced Pip on both Daily living and Mobility . so now i dont have to return my car . shows that the Dwp do have caring people
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4 years 2 months ago #243992 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Assessment using driving as a descriptor.
Hi George
That is absolutely splendid news. So pleased for you. Many congratulations. So glad you still have your car! And you are right - there are some decent people at the DWP.
BIS
Tags: @RESULT @PIP
That is absolutely splendid news. So pleased for you. Many congratulations. So glad you still have your car! And you are right - there are some decent people at the DWP.
BIS
Tags: @RESULT @PIP
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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