Question on an appeal or a change in circumstances

Hi Onyx123

I understand your question, but it's not one I can give a satisfactory answer to. I assume you are trying to challenge your mobility award and you told them about the difficulties you've mentioned in your post. You ask if they should have taken those things into account - yes they should, but if you told them you can walk 20 to 50 metres most assessors won't the judgement given by the claimant. The Tribunal panel have to judge whether the assessor made the right judgment with the information they had. If you can show that they ignored, or misunderstood information then you have a chance of winning.

You can also say that you misunderstood the system and didn't realise that because of the falls you have, the fact that you have to stop quickly because of pain - all things you mentioned in your assessment - that you can't walk the distance the assessor thinks you can.

Will you have a strong case? I honestly have no idea - because I don't have any of the details (and I'm not an assessor).

Is it easier to do a 'change of circumstances? It will probably be quicker, but there's no guarantee of success especially if you have recently been assessed. YOu will need to show that the changes have been ongoing for at least three months before you informed them and will continue for the nine months afterwards. From what you have said - that doesn't seem to be an issue - but you will have to argue that your situation has deteriorated.

BIS

Hi Onyx123

Abut 68% of claimants win their PIP appeals, but you could be waiting up to a year for it to take place. If you win, then the award would be backdated.

If you are happy with your daily living award, you could apply for a change of circumstances and ask them to look at your mobility only. You've already laid the groundwork by writing to them and telling them about your diagnosis. You need to have a good look at our guides and what it says about mobility and see the examples of how to describe your mobility issues and the pitfalls you can easily fall into. I think you may have unwittingly given them the wrong impression of your capabilities.

It honestly doesn't matter if you meant to say that on a bad day you can't walk 20 metres - unless the majority of your days are bad - it didn't make any difference to the end result, because the DWP score you on what you can do the majority of the time. Personally, I'm not particularly in favour of talking about good days and bad days because an assessor will always latch onto the 'good days'. It doesn't sound as if you get any pain-free days!

Now, obviously, you have to be honest, and your condition may fluctuate, but it's easy to overcomplicate things. Have a look at the guide to Pip Claims and Reviews again and make sure you understand how you have to fight this before you put your change of circumstances in.

There's a red flag for me in what you say - in that walking causes you severe pain. You have balance and pain issues. - all of which you have the evidence for. I would have ticked that you "stand and then move more than 1 metre but no more than 20 metres, either aided or unaided." The reason why I probably would have chosen this is because you have your pain, and balance issues from the moment you stand up (perhaps before you stand) and that as soon as you move, you are going to be slower than someone without your conditions, you are going to stop or pause fairly quickly, you are going to be breathless, possibly dizzy and in pain that increases your risk of falling. You have already said there is a risk of falling. Indeed, you have the evidence of falls and they are supposed to take note of the risk (see page 86 onwards.) There is also the reliability and safety issues - ie could you repeat the walk - no - are you safe - no - because you fall. (see page 17)

I still can't tell you what to do. You actually could put in for an appeal and a change of circumstances at the same time. The change of circumstances should trigger them to send you out a new review form, though occasionally they make a decision on a claimant's letter. Change of circumstances can take a long time, but if you win it will be backdated to the date you inform them of the change.

Hope that helps a little

BIS