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TOPIC: PIP lower rate mobility not given

PIP lower rate mobility not given 2 months 3 weeks ago #228083

I received the letter yesterday saying I have got the standard rate PIP, thank goodness, gaining 11 points; but not the mobility component. I got 0 Points.
I received the report that the assessor made; and because I was having a relatively good day during the assessment, and not showing the gamut of my symptoms which are mental health and physical.
Physical Health: On my form and in the evidence it stated that I have variable days regarding my physical health which is Chronic Fatigue Syndrome. I cannot walk far at any time, and I always have a stick I use. If I actually feel well and I try to do more I have ‘post-exertion malaise’ which means I can end up in bed the next day as I feel so weak and in pain. This also includes having any stress emotionally and needing to speak or look at a screen too long. These can cause the same symptoms to happen and this post-exertion fatigue to happen.
The day after the assessment I was unable to get up and move. I was so ill again. The assessor stated she thought I could walk 200 metres. This is far too far for me to walk (and I stressed that on this day I was quite good). She asked me how far she thought I could walk and I said on that day I could walk down the corridor – maybe 25 feet and sit down in the reception and wait for my friend to bring the car to the door. She then drove me home to my door. I then had to make it up some stairs. Resting as I went. I had to lie down, but it was the next day I felt so dreadful and could not get up apart from very slowly to the toilet.
Mental Health: Despite getting 11 points of the standard PIP rate, I got none for the mobility despite suffering PTSD which means I get triggered especially from seeing any men. I was sexually abused as a young teenager and in relationships. When I am triggered, I dissociate and have no idea what happens to me. I am unsafe in such circumstances. I can also go into a panic attack. Therefore I need someone to accompany me when I go out. This person always has to be female, and I always have to see a female doctor; as I asked for a female assessor. None of this was taken into consideration.
Medication: because I take no prescriptive medication for pain the assessor did not take any pain I have into consideration, and as there is no medication that helps me with my CFS I do not take any. I have weaned myself off SSRI’s as this was suggested for this and depression. It worked for neither. I do take a medication for bipolar disorder.
Also as I take no medication for anxiety she thought I did not have this severely. I took diazepam but this is something that you get quite addicted to and no doctor will prescribe long term. I did try beta blockers but with these, I got dizzy and sometimes lost my balance as it lowers blood pressure too much for me. I now use breath control…but when in a panic attack I need someone to cue me out of this to breathe.
I see I can write for a reconsideration of a decision. Will, what I have written above be enough to get enough points for the standard rate mobility? I need this to help pay someone to accompany me anywhere; and also take into consideration the need for a car and to pay petrol, or for a cab, to go anywhere with them accompanying me, as public transport can be quite triggering too if I could walk to get it.
Thanks for any advice.

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PIP lower rate mobility not given 2 months 3 weeks ago #228105

RB

Although I understand the issues that you have raised it is possible that you have not expressed your issues in ways that related to the PIP Descriptors and this is why you have not scored for Mobility.

In simple terms, PIP Mobility looks at two things; the distance that you can walk and the issues that you would have planning, undertaking a journey and following a route.

So the first thing you need to do is to clearly separate these in your Mandatory Reconsideration request.

So first of all, how far did you say that you can reliably walk on the majority of days? The terms "reliably" and "on the majority of days" are important as they directly relate back to your ME/CFS.

How does your ME/CFS vary? Are there thing that you do; shopping as an example, that argue against the distance that you stated? Have you actually measured the distances? Were you asked how long you could walk for?

You've said that you cannot go out on your own due your PTSD, is this a diagnosed condition? The fact that you do not appear to be receiving treatment for this will undermine your argument.

You mention panic attacks when out, would these reasonably meet the description of "overwhelming psychological distress" and did you use this term on your form?

Are you never able to go out alone or are there times when you can?


The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon
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PIP lower rate mobility not given 3 weeks 4 days ago #231155

Thank you, Gordon, I re-read your reply to my post re not getting the Lower Mobility Rate for the PIP.
I still have not received any reply to my form/letter of Mandatory Reconsideration Request requesting. I received a text saying it was received on the 11th April and can take 6 weeks to hear from them.
I saw my doctor today, and asked her if I could have a letter regarding my mental health issues that would give me the points necessary to qualify for this lower mobility rate. She is happy to write this for me.
I have been informed it will cost me £50 for this letter. I expected it to cost; if not quite this much!
My question: Is it worth my while getting this letter and sending in? Could it allow for the re-consideration without me having to go through the process of physically attending an appeal meeting? Otherwise, am I better off waiting and getting the psychiatrist to write something for that. I am not seeing my psychiatrist unitl next month and if I want the assessor to make a decision from the info to hand rather than having to go to appeal I should probably be pro-active now and get the doctor to write a letter for early next week. What do you think?

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PIP lower rate mobility not given 3 weeks 4 days ago #231162

RB

Only you can make the decision to pay for the letter or not. Have you discussed with your GP what they would actually write, you don't want to pay for something that in the end is not supportive?

Do you see a letter from your Psychiatrist as removing the need for a GP letter?

A decision on your MR could be longer than six weeks, in April we were quoting ten weeks.

Are you actually prepared to go on to appeal if the Decision is not revised?

Gordon
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PIP lower rate mobility not given 3 weeks 4 days ago #231166

Thank you for your questions, Gordon,
I respond below;
1. Doctor will take what information she has from past documentation from psychologists & psychiatrists, and put in her current view of my current conditions in a letter. She will ring me to ask if it is OK by reading it out to me and discussing with me before she makes a final copy for me to send to DWP. She is 100% behind me in getting this allowance.
2. Payment for the letter is a lot given my circumstances, but if it helps to re-instate my mobility allowance worth it.
3. The psychiatrist will probably write a letter without payment. She is part of the crisis team that has been taking care of me. But I don't see her for a month.
4. I will indeed carry onto appeal if my MR is not accepted.

I realise writing these answers to you I had best get my doctor to do up a letter/report supporting my claim as by the time I see my psychiatrist it will be over 10 weeks and I do want the letter to be in time for the DWP to have a more up to date view that I do need this mobility allowance. Hopefully, this will sway them and I won't need to go to an actual physical appeal.

Questions to you:
Do you know what the rate of people getting MR without going to appeal is?
And,
If MR is not accepted and I then need to appeal - how long is the wait before I will be seen?

Thanks, Gordon, appreciate your help :)

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PIP lower rate mobility not given 3 weeks 4 days ago #231170

RB

The DWP quote a figure of 30% for MR revisions but we don#t see anything like this on the forum almost certainly because the original application will have contained more information due to the advice in the guides. That said, we do regularly hear from members where they have been successful at this stage of the process, see

www.benefitsandwork.co.uk/component/sear...se=all&Itemid=100548

There is some variation regionally but realistically you are currently looking at year for a hearing, it's not clear what impact online appeals will have to this wait time.

Gordon
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