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PIP Renewal reduced

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4 years 6 months ago - 4 years 6 months ago #252284 by rcraig
PIP Renewal reduced was created by rcraig
Hi,
I received my renewal form and I was shocked to see it’s been cut in half! My condition has got worse and to be told I can drive so I should have good grip! Can they say that? So people with disabilities can’t drive! I’m shocked.
Any feedback would be appreciated.
Last edit: 4 years 6 months ago by Gary.

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4 years 6 months ago #252289 by Gary
Replied by Gary on topic PIP Renewal reduced
Hi rcraig

I have answered your previous post but I thought I would answer this one in connection to driving.

Be aware there is going to be an issue over you driving.

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 shows 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.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: rcraig

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4 years 6 months ago #252330 by PDix
Replied by PDix on topic PIP Renewal reduced
There is a case quoted recently on Rightsnet stating that there is a decision from the Upper Tribunal stating unequivocally that the grip used in driving is not the same as the grip used in peeling and chopping vegetables.
This is the link
www.rightsnet.org.uk/forums/viewthread/16612/

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4 years 6 months ago #252371 by Tuliptrees
Replied by Tuliptrees on topic PIP Renewal reduced
Gary, I am particularly interested in your comment 'They also believe that the operation of the pedals is akin to walking and so someone who can drive can also walk'. For me, because I have limited use in the right foot I chose not to drive a vehicle some four years ago. As my husband would say 'just too dangerous'. Would you know if there is any Tribunal ruling about driving a car?

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4 years 6 months ago #252377 by Gordon
Replied by Gordon on topic PIP Renewal reduced
Margo

I'm afraid this will not help you score, whilst a claimant's driving can have an adverse effect on their claim, the reverse is not true, a claimant's inability to drive will not be considered.

Gordon

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

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