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TOPIC: Reconsideration declined Need to Appeal HELP PLS

Reconsideration declined Need to Appeal HELP PLS 4 months 2 weeks ago #214103

Thank you I will take a look and send the SSCS1 in tomorrow with just brief details and wait till I get the DWP submission then I will know what I am up against.

Thank you so much

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Reconsideration declined Need to Appeal HELP PLS 2 months 1 week ago #217456

Hello again,
I took all your advice and sent in the SSCS1 form with main reasons for appeal and kept it brief as I had no paperwork from DWP at that time, and thankfully they accepted my appeal. So now the wait.
I have received all the DWP documents this week quiet a large bundle I might add and I am drowning in information overload.

So to cut to the chase the main issues I have got is that the papers now appear to say in th final conclusion that they have relooked at the points I raised in mums MR and now find that She does score 19 points and this would be enough to put Mum back on Enhanced Daily but Standard mobility which is basically what she has had for the past 5 years BUT and here’s the problem , because the MR has expired they can’t do anything, apart from advise the panel they are agreeable to the increase of points to allow the Enhanced Daliy option be given.? Can they do this? Have you heard if this being done before?

Also I need clarification on this Point, Mums mental health and especially her agrophbia is extreme and in order to get her to her GP or other emergency apt’s she has to be given diazepam or similar medication she is never on her own and has to have someone with her outside to help he walk and take her we’re she needs to go. She was award 10 point on mobility under would cause overwhelming distress etc,
The DWP says that as this is basically calling into question the mobility issue, because she can’t walk without help and someone with her they themselves want the panel to give a ruling ??? Have you heard of this before in light of the recent issues surrounding more help when mental health is involved?

I have always felt that it was unfair that people with mental health have been prevented from getting mobility when it’s not necessarily the initial illness that causes them to unable to walk.

Ie; mums mental health and agrobhbia prevent her from leaving the house, when she does leave the house she need extra medication every time, it’s this medication that make her unable to walk .

So legally does this mean she can or can’t walk and when should this be applied? because at the moment they are saying it’s the side effect of the medication that prevents her from walking and that doesn’t count.

So basically don’t take the extra medication and stay confined indoors!

I have rung DWP today re first point raised ie comments increasing points to 19 and asked what exactly dose it mean, they said they didn’t know !!

I can let you have a copy of the conclusion paperwork if you don’t understand the above, basically I need help moving forward with the appeal as mums mental health has deteriorated and she will not be able to attend the appeal, and I have just managed to get a job as we need the extra money to pay for mums helper so I was intending on asking The appeal panel to proceed using the papers I submit.

I have not contact the appeal court yet.

Any help would be much appreciated as I start work full time next week.

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Reconsideration declined Need to Appeal HELP PLS 2 months 1 week ago #217460

Theresa

Have the DWP actually contacted your mother directly with an offer of Enhanced Daily Living and Standard Mobility?

As to the Mobility. Does your mother have walking problems, this is completely separate from any problems she has with going out?

If she has Agoraphobia and is unable to leave her home then the most she can score for the Going Out activity is ten points for

e. Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant.

This only gives a Standard award. If she has problems with walking and is limited to less than 200m then she may be able to score for the Moving Around activity and the combined scores would give an Enhanced award.

Gordon

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

Reconsideration declined Need to Appeal HELP PLS 2 months 1 week ago #217475

Thank you for the quick reply, firstly the DWP never contacted Mum or myself regarding the change in points that they have made until now.
It looks like this has been changed once they were notified that I (mum) was appealing to the courts.
Why they haven’t contacted us is a mystery although it does say as the MR has expired they are unable to put it into force. When I rang the DWP yesterday they said they didn’t understand why someone hadn’t rung to discuss it with us and maybe it could have been resolved rather than going to appeal ? They did mention that there was an awfully lot of confusion regarding mobility and mental health and it appears the DM who obviously checked the file over prior to send it to the courts agreed to increase the points, but he wasn’t sure how to deal with the mobility issue. As mum is unsteady on her feet due to the medication she has to take whether inside or outside.
When it comes to leaving the house her agrophbia takes over panic sets in and she is unable to move more than a few steps, the only way she can walk is to be heavily medicated and to be held up and walked with someone supporting her. I think it’s this issue the DM had a problem with according to the advisor at DWP yesterday, and that’s why he has asked the appeal panel to rule regarding this decision on mobility. (due to a judgement recently granting enhanced mobility to someone with mental health and agoraphobia in particular.) I wasn’t aware of this ?

Your previous reply implies that if Mum doesn’t have a walking disability the the most she can get is 10 points which I also thought was the case, and this is what she has scored for the last 5 years and on this assessment too.

However if this was the case why hasn’t the DWP just reinstated mums enhanced daily award ? Why the need to ask the court to make the decision? What’s changed?

So what do I do now? Do I ring the courts and speak to them to see what all this means? As the DWP don’t know .
I haven’t sent anything to them in detail yet as I’ve only just received the bundle of papers.
And was awaiting these to prepare the appeal.

What does this all mean ?

I can let you have a copy of the final conclusion which has all the information on if It helps ?

Regards

Theresa

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Reconsideration declined Need to Appeal HELP PLS 2 months 1 week ago #217488

Im sure I rrecently read that, (something about - not word for word) ):
ALL 'DWP Decisions' can be taken (seek permission to) to Tribunal (13 months (Max) from date of the 'Decision')(regardless of the 30 day (return your claim form/information) limit.
???

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Reconsideration declined Need to Appeal HELP PLS 2 months 1 week ago #217501

Theresa

Having completed the MR does not prevent the DWP from revising the award if they feel that it is justified so I would contact them again to find out why no offer was made to your mother.

I assume she/you would be happy with Enhanced Daily Living and Standard Mobility and would not pursue the appeal further if awarded this?

Gordon

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