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Hi All,
Due to start my ESA to Universal Credit Migration.
With regard to Photo ID(s) I have no Passport as I don't travel abroad anymore due to Mobility issues, the Driving Licence I have is the old Paper type as I haven't driven in years and my Birth Certificate has no photo on it (born in the 1960's)
The Photo ID(s) I do have are A Blue Disabled Parking Badge, Disabled Persons Bus Pass and a local authority Disabled Taxi Scheme Identity Badge/Pass.

Further to the above I understand the DWP could ask me to attend the local Job Centre and could ask me to attend interview if I have no Photo ID?
This wouldn't be too much of an issue, but Mobility wise I am to a large degree "Housebound" and would find it very difficult to get to the local Job Centre.

Please advise on the above as I am worried this will mess up my Migration to Universal Credit.
Thanks & Kindest Regards,
Rob.

Hello,

Sorry for the delay!

I basically put that everything is the same in regards to daily living. Which is what I was awarded for 10 years ago - at enhanced rate.

At the time I stated if I struggled with my mobility I’ll apply for a blue badge. Which I have done and have been awarded. - but I never told PIP. As I was told if I told them of changes, I’ll lose my award and need to re apply (10 years ago). So it gave me anxiety and I didn’t.

The only thing is an additional diagnosis of bladder issues. And a current ADHD wait for an assessment.

I’m hoping it’s over the phone; but I’ve still read so many horror stories on those as well.

My autistic/ADHD daughter was scored (a) but we think she should be scored (b) or (d). We provided statements that she cannot use public transport due to psychological distress and supplied supporting evidence form GP and psychologist. She was lent our car at university (we hadn't realised DSA would pay for taxis) and she drove the short distance to uni (she had a blue badge to park there). She would only go elsewhere if accompanied by someone else or, if no one available, she would always use google maps even if she had been to the place before. The assessors' reply is :
(evidence of her) conditions impact her ability to plan and follow a route and that she needs an orientation aid to plan a route and when this fails, she is unable to problem solve an alternative route. It also states she has problems managing public transport and
unfamiliar journeys. However, is also states she is able to drive her own car and shows a level of concentration, executive and cognitive function to be able to do this. This was not probed sufficiently within the telephone call with the you to be certain of
Sasha’s functional ability within this activity."
This response that she can drive seems to be unlawful, as set out in B&W PIP guide. Any guidance to challenge gratefully received! Many thanks. Sara

Hi rocco1504,
I suggest that you await your forthcoming lung tests and perhaps you can ask the doctor about your walking ability. Or failing that he might well do a report confirming decreasing lung function etc. (At the very least there should be a report sent from the hospital doctor to your GP - you can use this for any MR.)

My view is that you have been confused about the correct mobility test. The correct test is not the bust a gut how far you can go test.
There are 4 criteria all of which need to be satisfied. (These apply to all PIP descriptor activities)
Safely
Acceptable standard
Reasonable time
Repetition

Safety - Is there a risk of substantial harm eg via falls, lack of balance etc?

Acceptable standard- this includes pain, breathlessness, fatigue etc - any walking done with significant pain has to be disregarded. (The same would be for breathlessness etc as well.) This has a rather odd implication that for PIP purposes your walking ability could actually be zero if you have constant pain or breathlessness etc. Not being acceptable could also comprise a poor manner of walking bumping into things (possible overlap with safety here).

Speed is also important. If your speed is over twice that of non disabled person you fail, even if you can ealj more than the 200m limit. Remember also that if you have to pause for a longer time, this may create 2 or more walking amounts. This means what you might perceive as eg 100m might be 33m if you stop twice.

Repetition is the crucial criterion. Journeys encompass a small amount of walking even when done in a car. You need to walk from the house to car and car to the next place. Repetition is all about what you would like to, or could do if non disabled.
Think about the following journeys all with a small walking element-
Take kids to school
Go back home
Go to bank
Go to card shop
Go home
Go back to post box to post written card
Pick up kids
Take kids to ballet and football
Pick up kids again
Visit aunt
Go home....
None of these journeys would be unreasonable across a day, and conceivably other journeys or 'walks' could be done.
Can you do all these potential repetition across the whole day, each day? But, being safe, acceptable and not too slow? Maybe you can, but then other days you are too tired etc you can't gi anywhere? Alternatively perhaps you have better days where you can all of these and more?
If you can't repeat all the required walks each day, being safe, acceptable and within time for the majority of days you should get points relevant to the distance you can actually repeat. In terms if safety - if you are always at risk of a fall then you may never be safe and hence walking ability is again zero - however in this instance you may score points on the planning journeys etc descriptor - need to be accompanied on unfamiliar journeys. (Which would also comprise familiar journeys hence all journeys = 12 points.)

By asking for an MR, you wouldn't normally have to undertake another assessment. It is very unlikely that you would lose the existing award- if this did occur you could appeal to the tribunal.
Normally you have 1 month after the initial decision to send in an MR letter. If you are a little bit late dye to awaiting a medical report from your specialist, don't worry, explain you had to wait for this hence the lateness. This should not be a problem if you do this.

To counter any possible DWP argument that sny new medical report refers to now, and hence not the time of decision, ask the specialist to confirm that you have an ongoing deteriorating condition (if this is so). Many conditions don't deteriorate overnight - this happens over months if not years and hence is relevant for a decision made a month or so ago.
Perhaps you can ask (or make your own) comparison from last tests and now. Include increasing medication too.

If you are approaching state pension age, if you do ask for a review in order to receive a mobility award now, the law prevents a new mobility award after this age. Additionally, if you have a standard mobility award, whilst this can continue post pension age, again the law prevents a subsequent enhanced award. Therefore it it important to ask DWP to consider mobility before you become too old !!

I hope this helps.
LL26

Thank you BIS for your help. and my apologies for the tardy reply.

I think half of the problem was that a lot of the doctors reports i had were 6-18 months old and a lot has changed since then, and I don't really have any up to date reports, although I had a full lung function test last week and I'm seeing a couple of people in a month or so, so will have new evidence for the reports.
Is it possible to ask for a "Change of Circumstances " without having to go through the rigmarole of a new application ??, and they just look at the new evidence with what they already have sort of thing ??.

Anyway, thank you so much for your help it really has been useful for me.

Kind regards
Paul

Hello, I did my light touch review forms last year. And I’m still waiting. - I’ve been told I’m going for an assessment. Which last time 10 years ago was horrific. I found my court paperwork with my award on it. - the judge basically said that it’s inappropriate to fix a term onto my claim and my first annual letter after that says my claim is on going. In my review - I explained that those conditions have stayed the same/I’ve had to make other adjustments to suit my life - like I cannot use my crutches they cause more harm than good. Which will make me worse. So instead I qualified for a blue badge and have that instead - as I didn’t get mobility element before. I still struggle with the same issues. I just have a new condition with my bladder that I added. I didn’t get mobility last time, Only enhanced daily living. I scored 12. One of those was a 4. So I know with the new rules. I’d be fine haha! I’m basically asking, what is the likelihood they’ll now turn around and say I qualify for nothing? Can they take the enhanced daily living away. When those conditions still stand and are worse. What are assessments like currently? Are they as awful as they were 10 years ago. Where they basically lie on your assessment. Can I have it over the phone with someone with me? Will I be starting from scratch or will they take my current claim into consideration? I have always tried to remain as independent as possible. And I go to physio to remain at least in a maintained state rather than getting worse quicker. At least this way I get worse slowly…

This is seriously anxiety inducing. Thank you.

Hi Binky

If your current PIP award is ending and you have not heard anything from the DWP, it should be extended until your review takes place. However, I would ring them to confirm that will happen. Unfortunately, you won't be able to renew your Blue Badge until you have a new award letter. Some people have applied directly to their local council rather than waiting for their PIP review to take place. In terms of your car, you would need to contact Motability who decide what happens next.

BIS

What should I do if by August not heard about my review had a text not looked at yet has my blue badge is up then and my mobility car September will they extend my pip or just take car back its so stressful on top of bad anxiety and living with scoliosis and arthritis id be grateful if anyone has any advice thankyou

Hi Rocco1504

It's obviously up to you whether you decide to go for an MR. I don't know what you originally wrote, so I can only comment on what you have said here and I could be wrong. It sounds as if you may have opened yourself up to being marked down because you have a condition that varies - and many people do that.

You say that there are times when you can't walk 50 metres. You also say that you can walk up to 100 metres before the pain or breathlessness kicks in. You know yourself but, I was surprised that with the conditions you describe, that your pain and/or breathless doesn't kick in before 50 metres and that you don't walk slower than someone who doesn't have the same condition. With the emphesema - do you not experience breathlessness almost from your first step? If what I say is a possibility and combined with the days when you can hardly walk at all, then for the majority of the time you can't walk the distance you said as per the PIP criteria. Also can you walk reliably and safely? Do have a look at the guide again to see (Page 86 onwards) if you accurately described what happens to you.

Even if you don't decide to put in for an MR - you can always put in for a change of circumstances in the future if your condition grows worse and think about how you described the issue you have.

You have to do whatever is best for you and don't think I'm pushing you into putting in an MR. I just want to be sure that you know what the issues may be.

BIS

Hi BIS
Many thanks for your reply.
I had wondered about reconsideration, but I'm worried that they may take a different view on my whole situation and take away the living component as well.

I was very upset at the consultation on the phone, a few minutes from the end the call cut off and she had to call me back which completely shot my train of thought and I couldn't remember what I wanted to say to her about my condition, I wonder if it was orchestrated to mess with things.

I'm just not sure if I can go through the hassle of months of waiting again but I don't want to get sold short either, the problem is that it really is getting to a point that I need help with mobility issues.

Anyway thank you again, and I'll keep you posted if I do ask for a reconsideration.

Regards
Paul

Hi MeLee,
The Statement of Reasons (wsor) normally takes a month to arrive. Or...the is 1 month allowed within the Trib Rules and it should arrive then. If not phone the Tribunal after say 5 weeks to chase.
The record of proceedings (normally a CD) should arrive fairly soon. If you wish, in the interim whilst waiting for the wsor, you can produce a transcript of the hearing when the cd arrives.
If I need to do this I would do it like a playscript. Eg
Tribunal Chairman (Mr Smith):
Hello, I'm the Chairman, Mr Smith....

Doctor: You said earlier that you had a fall in May. Now you are saying the fall was in June...
Me: hmmm...no I had 2 falls, I fell over the kerb in May, I think that one was May...(pause of 8 seconds) ...I don't know, I'm confused...(inaudible mumbling)

Prepare any transcript in a very matter of fact way. You can then produce an annotated copy explaining that eg you were tearful, had to sit down, were confused etc tribunal member sounded cross, which may not be apparent from reading the transcript. (The annotated version will only be necessary if you need to send this in to illustrate an error of law.)
OK...so finally the wsor arrives. Immediately make a copy and keep it safe.
You need to find an arguable material error of law. This is something whereby the decision could have achieved benefit or extra benefit if made correctly. (So if you find an error of law to achieve an extra 2 points and you only got 4 points, this isn't enough to alter the decision because you need at least 8 so won't be material.)
The wsor normally has a few paragraphs explaining the background, then the law then the descriptors set within the law. Remember that everything in the appeal papers is also evidence.
1. The tribunal has sought to rely on 'facts' not borne out by the evidence

Firstly check the ' facts found' - many errors of law involve trying to apply the law to 'non' facts. So, if the wsor says '...we found that the claimant walks to visit her mother's everyday, this is over 200m therefore no entitlement to mobility points...' If there is no mention whatsoever in the papers of walking to Mum's and this wasn't said at the hearing, this can not be a fact! And worse still Mum if your mother had died many years previously so actuallt cant occur!- this so-called evidence is clearly wrong and a Tribunal can not seek to rely on evidence that isn't true or indeed possible.
Often a Tribunal can miss a 'not' so they have noted 'claimant can do...' whereas the truth is you actually said 'I can not...' This is where the transcript is important. You can check this and the other papers. What was said, have the Tribunal relied on actual evidence?

2. The tribunal has failed to provide a proper explanation
Next, consider whether the evidence is reliable? Obviously the tribunal can decide whether the assessment report which contradicts the GP' s report is reliable and correct. However there needs to be at least some explanation, explaining why. If the tribunal explained that at the hearing you gave unconvincing and contradictory evidence which suggested that you had exaggerated your health problems to the GP, then this might be sufficient reason, although perhaps some examples should be provided. However, if there were examples that purported to show contradictions but again didn't appear anywhere in the papers or via the transcript then this would again likely to be an error of law.
3. The tribunal has failed to apply the correct legal test in respect of....

Have a careful read of the members guides and the descriptor wording. Also think about concepts such as 'majority of days' (Regulation 7 ,)and the so-called reliability criteria of Reg 4(2A)' safety/repetition across the across the whole day/reasonable time/and acceptable standard.
Did the tribunal take into account eg the effect of pain (ie not acceptable) whether you could repeat, your speed of activity and crucially whether you were safe? Did they consider the majority of days (not the majority of time ' which is wrong!?) You need to meet all 4 of the criteria and the tribunal need to show that they have consider this.
Consider all the correct legal tests for the descriptors- 'and' "or' are important - some descriptors can be achieved by not doing one of the list, others need all parts to be satisfied to gain points.
4. The tribunal has failed to make a proper inquiry of...
The tribunal has an inquisitorial function- thus if you said 'I can't walk too far. I get out of breath.' This indicates a possible problem with walking. If the tribunal made no further enquiries and then awarded 0 points thus would indicate a failure of their duty. (The Tribunal should investigate how you walk, where you go, how often, speed pain, breathlessness, falls etc.) Similarly, if the Tribunal simply 'rely' on the assessment report and ask no further questions at the hearing, this could also comprise a failure in their inquisitorial duty.
5. The tribunal failed to consider the 'overriding objective ' as set out in Rule 2 The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

Rule 2 provides that there is an overriding objective of fairness - being ill tempered towards you, not letting you or your witness answer questions, closing the hearing in a short time not allowing you to be able to sum up or add something at the end etc etc might all be evidence of being unfair. Additionally, if you weren't allowed a break to alleviate distress or go to the toilet this might also indicate the hearing was not fair.

Some of these potential grounds for appeal can overlap.

Your particular concern about the hearing was a comment about pouring some water and your daughter's Blue Badge. Who knows thus might well be relevant! If these 'facts' do apply and can somehow be relevant to eg how you prepare food or walk about then an explanation needs to be made. Maybe the water pouring shows dexterity ' it maybe that if the tribunal relied on an observation and didn't ask you to comment this too could be an error of law.
(Thr tribunal relied upon an observation which was not put to claimant.)
Basically match up the evidence with the 'facts'. Is there proper enquiry and proper explanation? Was the hearing fair? Was the correct law applied?
If you can find st least one arguable material error of law then write in explaining this. Write to the tribunal with name and NI number and hearing number then heading -
'Request to set aside First tier tribunal Decision and or request for leave to appeal to the Upper Tribunal.'
Give the hearing date and venue as subheading.

I usually set out the Grounds of Appeal as a numbered bullet list and then revisit each topic giving a full explanation.
Send this on within 1 mth (you can be late if you have a good reason,) then the Regional Judge will decide. He can set the decision aside or send straight to Upper Tribunal if it is complex or maybe a common problem that needs resolution. If the Reg. J reguses you can send a separate request direct to UT.
If you are relying on the transcript to indicate things that were said and ignored or to show nothing was says, then send in a non annotated copy. Sometimes making pencil notes in a spare copy of both wsor and ir transcript can be helpful. But if you do need to appeal to UT you'll need a pristine copy to send in!!!!
I hope this helps.
LL26

Hiya all. Well sent back my PIP review in feb of this year. Was wondering how long the process would take for the DWP to intially get back to me to put my mind at rest that (a)to touch base they had recieved my information for my review and (b) how long it would take for them to process my claim etc as my blue badge up in the summer. Well a quick surf here indicates to me that the DWP are still crap and are plced on this planet to bring me stress and misery when I have any dealings with them.

So 2 questions...

1 is it worth phoning them up an asking if they have recieved my information?

2 is it worth asking them how long it will take for a decision to be reached?

Any input would be greatly recieved. I try not to deal with the DWP since my hellacious IB to ESA case a while back whereby I scored 0 points had to go to tribunal to an overdose of my pain meds nearly died then a protracted metal recovery after my breakdown. Ironically didnt have a mental health condition until the dwp gave me one.

TY Darthy xx

Sorry should say blue badge

Hi, newbie here.
Long post so pls bear with me.
I applied for pip in feb 24, I have a womb condition called adenomyosis which renders me in pain the majority of the time.
Because my womb is swollen it affects my sciatic nerve which causes pain to radiate down my right leg, it’s very painful and hard to move around most of the time.
I also have crumbling discs at the top of my spine which cause neck pain pretty much daily.
All of this means my MH has plummeted, I struggle to shower most days and very rarely cook for myself.
I don’t sleep very well as I’m always in pain.
I manage to still hold down a full time job because I j have bills to pay but it’s difficult on lack of sleep and pain.
I was awarded zero points on both components so put in for a mandatory reconsideration but the decision didn’t change.
I had my tribunal last week and I was an emotional wreck, I find it hard to talk about how I feel because spoken out loud makes me realise how bad things are.
My claim was rejected although I got 2 points for preparing food and 2 points for waging & bathing.
I’m de devastated and feel I let myself down because I struggled to stop crying and don’t think I represented myself at all well.
I don’t want to give up but don’t know what to do next.
I have applied for a statement of reasons and a recording of proceedings but had no response yet.
At the tribunal a comment was made about how I managed to carry my own bag in and pour myself a cup of water but they also asked me if I have a blue badge for my daughter (my daughter is disabled) I wish I had questioned that at the time because I don’t see the relevance.
I wasn’t happy with my initial telephone assessment because lots of what I had said was missed out in the paperwork, that was overlooked on my mandatory reconsideration and I feel like I’m fighting a losing battle.
Thank you for taking the time to read x

Hi rocco1504

Welcome back.

You can apply directly for a Blue Badge from your local council and be assessed by them without having a PIP mobility.

Are you going to apply for a mandatory reconsideration?

BIS

Hi again everyone.
Not been here for a few years.

I've just been awarded Standard rate PIP but only for my daily needs.
I have stage 3 emphysema and peripheral vascular disease, Type 2 diabetes and cardio problems.

Obviously on my application forms I put that I have difficulty with walking, but that I could walk 50m but only up to 100m before I get either puffed out or my legs are so painful that I have to stop to let the pain subside.

But I also put that some days i can't even get 50m before I'm puffing like an old steam train, and struggling badly.

Having read their report, I just don't understand how contradicting it is, I mean it takes into account that I have to have a bucket downstairs so I can pee during the day because I can't always make the toilet upstairs, and I got 2 points for that, but they can't seem to relate that to the fact that sometimes I can't walk more than 50m.
Anyway I only got 4 points for mobility.

I'm not really worried about the money part but I could really use getting a Blue badge so that I don't have to keep struggling to get places on time and having to make the rest of my family wait while I can muster the energy for the next leg of a journey.

I have to go to London tomorrow for a Lung function test at the Royal Brompton hospital and I'm dreading the journey by public transport because I can't drive in because I'd probably park in the wrong place or have to walk miles to my appointment.

Anyway sorry for the long story, but I just wondered if anyone else had been able to get a Blue badge without having mobility on their PIP claim.

Many thanks
Paul

Quick update!
I had a telephone with my local Council about the best way moving forward.

She could not have been more helpful and supportive, pledging how determined the Council would be in to ensure that I am not without my Blue Badge due to DWP backlog of PIP reviews!

There are some decent Departments!

Hi UC:

I understand your frustration - unfortunately, 12 weeks for blue badge renewal is standard across the country. The DWP used to be willing to send out a letter to say that a claimant's award had been extended, but they have stopped doing that now. A couple of members have applied for their Blue Badge directly with their local council and got it that way. - so they didn't have weeks without one. I'm afraid I don't have any other suggestion - let's hope someone else does.

BIS

Good Morning,
In line with so many others, my DLA ‘Indefinite’ award became redundant with the transition to PIP.

My current PIP award extends to May of this year and I receive enhanced rates for both components.

My PIP Review formally commenced in September 2024, upon receipt of my completed Review Form.

I have just received yet another text message from DWP to advise that they will be progressing my review as soon as they can and that I will continue to receive PIP until my review is complete.

Unfortunately, my Blue Badge expires in May and I was wondering if anyone else has been in a similar situation and could advise how to proceed with a possible renewal of my Blue Badge?

Where I live, the processing period for Blue Badge renewal is 12 weeks!

Any advice would be greatly appreciated!

Good afternoon just wondering ive sent my review form back for pip 3 month ago if they do a paper based which I had last time and requested this time would I know quicker, also my mobility car is up in September with the pip but I can order in June and my blue badge is up in August the stress is awful especially when you have a life long condition its hard to explain the waiting feeling when I worked has a nurse 15 years ago its so hard and I'm sure most people on here are living in fear of having no money .