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Driving gives zero points
- ElectriCat
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17 hours 13 minutes ago #310838 by ElectriCat
Driving gives zero points was created by ElectriCat
Hi, I just joined today because I'm working on my mandatory reconsideration documents.
I received my result a couple of days ago and I got many zero's. Even though the task has nothing to do with driving, it stated that I had no restrictions on my license and used a car, meaning I'm fine.
I'm confused, because without my car, I would be completely housebound.
I struggle with ADHD (my entire life), and I recently learned that I should tell DVLA about it. I haven't done that, but should I and send in a copy of the application letter with my MR? I assume I won't have a DVLA answer before the one month deadline for MR has passed, so sending the application - should I bother? Does it matter either way, because I am able to drive, even if I have to get a shorter drivers license?
I'm so stressed about this whole thing - and I struggle to find info on excactly this predicament.
I received my result a couple of days ago and I got many zero's. Even though the task has nothing to do with driving, it stated that I had no restrictions on my license and used a car, meaning I'm fine.
I'm confused, because without my car, I would be completely housebound.
I struggle with ADHD (my entire life), and I recently learned that I should tell DVLA about it. I haven't done that, but should I and send in a copy of the application letter with my MR? I assume I won't have a DVLA answer before the one month deadline for MR has passed, so sending the application - should I bother? Does it matter either way, because I am able to drive, even if I have to get a shorter drivers license?
I'm so stressed about this whole thing - and I struggle to find info on excactly this predicament.
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- BIS
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6 hours 36 minutes ago #310867 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Driving gives zero points
Hi ElectricCat
I've never actually heard them use the excuse of having no restrictions on your license before. `The DWP does have a thing about people driving - and some points are easier to argue than others. I wouldn't send them a copy of your application, but you could include in your MR that you are waiting to hear from the DVLA.
The issue, though, is which questions have they tied to your ability to drive? One common one is cooking. For example, The DWP will argue that if a claimant with severe arthritis can drive a car, they have upper-body strength and can also carry a pan of hot water across a kitchen and prepare a simple meal. They are unrelated tasks, but the DWP will try to join them together. Now you didn't mention any physical disability, but if you have any, have a look at the following post, which covers driving issues. benefitsandwork.co.uk/kunena/10-dla-esa-...8543-pip-and-driving. If, for instance, a claimant says on their form that they have difficulty preparing a meal because of concentration issues, the DWP may argue that a person has the concentration to drive and preparing a meal is easier - (that's their argument, not mine).
People are not supposed to be penalised because they drive, but depending on how much you drive, whether you have an adapted vehicle, whether you need someone with you, and where you're driving to eg familiar and unfamiliar routes - all make a difference. They also think about the physical and mental abilities needed to safely drive a car and can use it to say that a person doesn't have difficulties in other parts of their life (which of course is often rubbish). If they have done a cut-and-paste job on your form and have continually used your driving as an excuse for giving you zero points, you need to challenge that and argue that they have missed the fundamental difficulties of your ADHD and the impact on your life. For example, if you have trouble communicating with others, being able to drive has no bearing on that. If you have difficulties managing finance - driving has no bearing on that. I could go on.
I assume you have a copy of your assessment report - PA4? Go through our guide and see what you think you should have scored, and compare it to what you did score, and see if you need to either strengthen your argument or argue that the assessor either ignored evidence you provided or was 'mistaken' in their assumptions that you can do x, y or z.
BIS
I've never actually heard them use the excuse of having no restrictions on your license before. `The DWP does have a thing about people driving - and some points are easier to argue than others. I wouldn't send them a copy of your application, but you could include in your MR that you are waiting to hear from the DVLA.
The issue, though, is which questions have they tied to your ability to drive? One common one is cooking. For example, The DWP will argue that if a claimant with severe arthritis can drive a car, they have upper-body strength and can also carry a pan of hot water across a kitchen and prepare a simple meal. They are unrelated tasks, but the DWP will try to join them together. Now you didn't mention any physical disability, but if you have any, have a look at the following post, which covers driving issues. benefitsandwork.co.uk/kunena/10-dla-esa-...8543-pip-and-driving. If, for instance, a claimant says on their form that they have difficulty preparing a meal because of concentration issues, the DWP may argue that a person has the concentration to drive and preparing a meal is easier - (that's their argument, not mine).
People are not supposed to be penalised because they drive, but depending on how much you drive, whether you have an adapted vehicle, whether you need someone with you, and where you're driving to eg familiar and unfamiliar routes - all make a difference. They also think about the physical and mental abilities needed to safely drive a car and can use it to say that a person doesn't have difficulties in other parts of their life (which of course is often rubbish). If they have done a cut-and-paste job on your form and have continually used your driving as an excuse for giving you zero points, you need to challenge that and argue that they have missed the fundamental difficulties of your ADHD and the impact on your life. For example, if you have trouble communicating with others, being able to drive has no bearing on that. If you have difficulties managing finance - driving has no bearing on that. I could go on.
I assume you have a copy of your assessment report - PA4? Go through our guide and see what you think you should have scored, and compare it to what you did score, and see if you need to either strengthen your argument or argue that the assessor either ignored evidence you provided or was 'mistaken' in their assumptions that you can do x, y or z.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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