Refusal of PIP Mobility

tommy2k17

I have just had my PIP decision, and I still get the Daily Care element, but not mobility. I am doing everything online now, as I have trouble writing. I can walk more than 200 metres and I told them that. However my condition since the last time I was assessed has deteriorated, I have got scoliosis and an inflamed tendon in my shoulder. I mention the word 'deteriorated' a lot on the form. I am very wobbly when I walk and need frequent breaks. I need help to get up and down escalators, on public transport. I am thinking of appealing. What do people think? Have you had similar experiences?

FredFlintstone

Was it a review or change of circumstances? My experience from a recent review is that they appeared to ignore my new mobility problem and just gave me the same award. Same at MR, so I have now put in a Change of Circumstances, which has been passed to Maximus for assessment.

tommy2k17

It was just a review of PIP. But as I've said I can walk more than 200, how can I now tell them I have difficulty?

OverlyAnxious

Which rate of Mobility did you get before? Standard rate is less than £30 a week and doesn't provide access to Motability Scheme. It may not be worth the hassle of appealing for that.

If you do want to appeal then you need to focus on the reliability side of the descriptor. They aren't interested in words like 'deteriorated', as they aren't comparing to your previous award, which could have been given by an over-zealous decision maker. It should be treated as a new claim and provide some recent, real world examples.

tommy2k17

I've never got mobility.

I did get two witness statements that I didn't include. The one I did include was from my osteopath. The other two have got examples of when I have been out and about with friends. If I appeal, can I include these other two?

The

FredFlintstone

You can include any evidence you wish.

tommy2k17

As I may appeal. if they ask me why I didn't include this evidence initially, what should I say?

FredFlintstone

You need to do a Mandatory Reconsideration before you can appeal to a tribunal. Include the extra evidence with your MR request. With your reasons for your mandatory reconsideration, state that you are including further evidence.

Holly_Scope

Hi @tommy2k17 our website has a great page which breaks down the mandatory reconsideration process. Thought I'd share in case it's helpful 😊 - Appealing a benefits decision | Disability charity Scope UK

tommy2k17

Thankyou. What, in people's experiences, is the correct way for the DWP to consider mandatory reconsideration, and how should I lay them out?

Albus_Scope

The best way that I've found is asking for the MR in writing, do not call andask for one as they'll do it there and then, so the call centre operator may take information down incorrectly.
Ignore anything the previous assessor has said and just state which descriptors you think apply to you, with reasons as to why you should get x or y points. If you can, use real life situations, with any issues they lead to.

For instance;

"I cannot walk 200 meters safely, reliably or in a reasonable time. I have tried to walk the distance before which led to me being bedbound for the following two days. For this reason I should receive 8 points in descriptor X for Getting around"

Hope that makes sense.

tommy2k17

Thankyou. Won't they ask me why I put I can walk 200 metres though?

Albus_Scope

You need to alter it to your own specific issues @tommy2k17 I was just using that as an example. But as you said you need regular breaks when walking 200m, then add that, as it means you cannot do it in a reasonable time, so for the DWP, it means you cannot do it. 😊

tommy2k17

Thankyou so much

Albus_Scope

You're most welcome @tommy2k17 happy to help. 😁

Will you let us know how you get on please?

tommy2k17

Definitely. I might show you the witness statements I didn't send if that's alright, so you can tell me if they're worth sending?

Albus_Scope

If you feel they add to your case, then include them for sure. But sometimes less is more, as long as you can show why you should get the points, it's usually ok, but if you've got evidence to back things up, then great!

tommy2k17

I shall copy out some of the salient points, both of which are from friends of mine that have been out with me.

'I have known Tom for several years and am aware that he has CP. I have seen that he wears bespoke specialist footwear, that enables him to walk, at least to a degree. I have accompained him on short walks over the last year or two, and have noticed a nioticeable deteriorarion in his mobility. He is so much more unsteady on his feet now, takes several attempts to rise from a seated position, and is very wobbly. I have witnessed him falling down on many occassions, and noticed that the slightest undulation causes him major problems. I feel that this has impacted upon his confidence as a result of which he ventures out for fresh air far less than he used to. This has contributed to his already poor immune system, his face taking on an unhealthy pallor, and I can recall him suffering from many bugs over the past year or two, including a bout of pneumonia, which led him to be hospitalised.

I have seen Tom and his mother on a weekly basis over the past couple of years, and have recently been taking Tom's family dog out for a weekly walk, as Tom is no longer able to do this, due to his deteriorated mobility, unsteadiness and general fatigue.

On a final note, most people living in Otford rely on public transport to live their lives. Public transport is not easily accessible, with buses few and far between, and only serving the centre of the village which is some way away from where we live and a train service which would require Tom to navigate a high stile across a train track, acend/descend a series of steps, or climb and descend a high bridge, all means of station access that in my view is untenable in Tom's situation.

Tom lives his life according to the ethos 'carpe diem' and I know that he really relies on PIP, including mobility allowance, to live a life as best he can given his disability, I firmly believe that any reduction in PIP / mobility allowance would adversely impact upon Tom's quality of life, and I would ask that you renew Tom's PIP / mobility allowance.

(This was written for my last assessment in 2021, should I ask him to type another one, most of this still applies though.)

tommy2k17

This is the next one:

Statement by {content removed - personal information} Actor Friend

I have known Tom for a few years now and we met up both soically and I have witnessed at first hand the following which I feel should be taken tinto consideration.

Travel.

When I have meet Tom at Waterloo train station, he has been unable to use the escalator due to his balance issues, therefore we have to find a member of staff and be escorted to the nearest lift if the station has one.

When we have walked along busy London streets, he does wobbole a lot and a few times I have had to say Tom be careful/mindful of the uneven pavement, he does not currently use any walking aids which I feel he really should use.

Tom is not great also getting on and off London buses and we always ask for the disabled access to be in operation ie lowered to the street level in order for him to board safely.

Locating venues

One of the social activities we like to do is visit the theatre due to both of us being actors.

Tom tires to be mega independant as possible however, his sense of direction is not great, he cannot hold a phone with google maps and follow due to his disability and last summer we actually became separated in London.

For all of these above reasons I do fully support that he should be awarded the mobility element of PIP and ask for my statement inclusion in his PIP renewal application.

(She did apologise for the spelling mistakes!) (I am not sure about this one!)

(Joanne is actually disabled herself and she gets mobility allowance!)

tommy2k17

Final one:

Laudable as Tom's efforts are to be as independent as possible, nevertheless there are many critical situations in which Tom needs help.

From my frequent observations accompanying him round Brighton and London, I would say that these include where there a contraflow along pavements, when the weather is inclement, especially windy, when he must negotiate any change of level by stairs or escalator, and when he is tired, which his condition is a catalyst for causing.

These situations result in all states from unsteady gait to complete loss of balance and this continuum extends into situations which can put him in danger necessitating alternate avodiance strategies such as use of taxis and hotels with full accessibility features and 24-hour service.

tommy2k17

Do you think these statements are ok?

This is my osteopath's one too: