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Dwp making an offer before tribunal 1 month 1 week ago #251280

Hi the dwp have made an offer for low rate mobility and high rate daily living. Original award was just for low rate mobility. My sister has brain damage. I am appealing on her behalf. Her letter sounds little threatening and doesnt say how long the new award would be for. I still think she is entitled to high rate mobility as has evidence from specialists and neurologist but I am now worried incase my sister loses the whole award if goes to tribunal. What would you advise. I had excellent advice from you all before

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Dwp making an offer before tribunal 1 month 1 week ago #251291

Hi mandy

These are decisions that only you can make!

What I would say is that if you reasonably feel that you meet the criteria for an Enhanced award and are willing and able to pursue this at appeal then I would recommend that you accept any offer that the DWP might make and request a new appeal.

But understand, these offers are quite rare and you do need to have some certainty that you meet the criteria for an Enhanced award.

The Going Out activity looks at three things.

Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.

Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.

Following a route - This activity about the problems you would have navigating a route. So, are there any problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.

If you say your walking is restricted, you would need to be unable to reliably walk more than 50m to score sufficient points for an award just on the Moving Around activity.

Gary

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

Dwp making an offer before tribunal 1 month 6 days ago #251292

Thank you very much. The only prob is that the letter doesnt state how long this new award is for. I'm worried that if she agrees to this she may have to go through the whole process again in 6 months if it's only for a short period. She does have cognitive problems and has extensive medical evidence to prove this. Once again many thanks. I thinks she is worried that if she doesn't accept this and ends up somehow losing the tribunal award that she will end up with nothing. Sorry not very articulate!!!!! Thank you so much
The following user(s) said Thank You: Sian

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Dwp making an offer before tribunal 1 month 6 days ago #251293

Hi thanks Gary. We are just concerned as the award doesn't specify how long it is for. She does have evidence saying she has severe cognitive impairment and panic attacks. However was going for a paper appeal as said she could not cope with appearing before a tribunal. Thanks so much

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Dwp making an offer before tribunal 1 month 6 days ago #251305

Hi mandy

You are free to request a paper-based assessment, but they are unlikely to grant one without a doctor's letter confirming that it would cause you 'overwhelming psychological distress' to have a telephone assessment. Be warned even then the DWP and/or the assessment services sometimes ignore such requests.

If you have a paper-based assessment are your chances improved or disadvantaged? it's almost impossible to say in the current circumstances. Paper-based assessments are great in there is no stress or intrusive questions from an assessor, however, they have a disadvantage in that there is no opportunity to clarify any questions the assessor may have or say something you have forgotten on the form.

Gary

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

Dwp making an offer before tribunal 1 month 6 days ago #251306

Hi mandy

When talking to the DWP, ask how long the award will be. If you can show that your sisters condition will not improve over time then you can argue for a longer time period. you say that 'She does have evidence saying she has severe cognitive impairment and panic attacks' is it from a consultant? in which case use the evidence to argue your case.

Gary

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