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- Anyone had because you can drive a manual car.....
Anyone had because you can drive a manual car.....
- braveheart
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- Gordon
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We see this quite often. there is some merit to the argument so it is certainly something that you need to deal with in any challenge to a Decision.
Gordon
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- dwmullings
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why I have been caring for him constantly for the last 30 years.and he has been unable to work.I wonder why as driving a car makes him so capable His mobility car has been returned ????
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- MadH
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braveheart wrote: Just wondering if anyone else has had the claim by ATOS that because a claimant can drive a manual car (even if you don't drive very far - doctors appointments etc) that you can manage complex budgeting decisions? That is what you are up against in this ridiculous assessment process. What next, because you can read a book, you can cook a meal? Anyone else had any unbelievable 'reasons' by ATOS to deny people what they lawfully should be entitled to?
Yes I did Braveheart. But with regards to my mobility and physical strength... grip, power in upper and lower body. However, I see what Gordon means there is some merit to this thinking but I personally think it would be merit-able (if that’s I word lol) if one was driving a 30 yr old Volvo. I’m a shortie. Basically I’m right up to the steering wheel. My car as with all modern cars has power steering, springloaded gears ... is that the terminology?… and hardly need to tap the clutch to change gears. Equally with the gutsy breaks and accelerator. Gripping the steering wheel is more of a firm gentle hold to pass/pull the power steering wheel round.
I got this observation in my DWP appeal letter with tribunal bundle...they’d not brought this up in any other decision and I think they’re clutching a straws now. I too don’t drive often and only local. I had to terminate my motability scheme vehicle and I’m very fortunate my partner bought a little 12yr old, two door Yaris for me to get about or I’d be tearing my hair out. Good luck with your claim.
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- braveheart
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- Gordon
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I'm sorry you don't like my comment, however, I stand by it, but I am not saying that it cannot be argued against.
Whether we like it or not the assessment process is what it is(in case there is any doubt in your mind, I do not like it), it's not going to change in the near future and my role is to help claimants provide the best arguments that they can to score the points required for the award they should receive.
Driving a car is a standard argument used by assessors, they use it because it is an understandable example and does, as I have said, have some merit where the claimant is claiming some level of cognitive impairment. It's not a strong argument so turning it around, if you have not overcome the driving argument and this may annoy you further, then it suggests that the information you included in your form was weak or not persuasive.
So consider what you said, make sure that you understand the criteria you are being assessed against and in particular the definitions for simple and complex budgeting decisions. If there are issues of reliability then explain them in detail and give examples.
Will this overcome the bias of the Decision Maker to follow the recommendation of the assessor, possibly not, but it might, if nothing else it will place you in a better position if you go onto appeal
Gordon
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