High mobility refused at review

Hi Stardust100

I can't tell you whether or not you should appeal and put in for a Mandatory Reconsideration - that is something you will have to decide for yourselves. The DWP won't care that he drives an automatic car or has been awarded a blue badge by your local council.

What you need to focus on is the distance he can walk and the "reliability" criteria. Clearly, I have no idea what your husband wrote on a form or in a letter, but if he told them he can walk "further than the required distance, but it leaves him in pain.." I can see why they took the opportunity to turn him down. An assessor probably thought that is 2a. "Can stand and then move more than 200 metres, either aided or unaided. 0 points." They also could have thought that he was in pain after walking 200 meters.

If you didn't already - you need to make it clear at what point his pain begins and I suspect it is long before 200 metres. If he's still walking on crutches and he's still having physio - then there's a possibility he experiences pain before he even stands up and moves about. If he's using two crutches he's walking slower than someone without knee trouble, could have balance issues and is probably experiencing exhaustion from the pain and efforts to walk. Does he have to stop after a short distance? Does he suffer from shortness of breath or dizziness from the pain? Could he walk a certain distance and then repeat it? (I assume not). Is he safe on crutches? (many people are not) See page 89 of the Guide to PIP Claims & Reviews for how you may be able to strengthen your response.

BIS