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Just found out l have only been awarded standard mobility on pip and was on high on dla.

annehughes

Need to appeal as l was on higher mobility on dla and they have just took it down to standard on piP and l do need the higher. I have spina bifiad and have to you crutches and they decided l can walk 50 to 200 metres with stopping at times, even though l can't and never said l did. I said l could walk maximum of 15 mins with stopping to rest can't stand without crutches and definitely can't walk that far at all
Please help

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CockneyRebel

Hi Anne
First thing to do is request a copy of the HCP report (PA4)from the DWP. This will show you what the hcp scored and also what you need to argue against.
The first stage of appeal is to request a Mandatory Reconsideration (MR)
To do this you need to ring the DWP and also put your request in writng, you need to do this within four weeks of the date of the decision letter

If you can You will need to supply new evidence to support your case ie. GP letter etc.
Unfortunately MR's rarely change the decision so be prepared to appeal to the tribunal where success is much higher.

From your post, your biggest problem is that you stated that you can walk for 15 mins. They have a scale of time = distance so you will need to show that this is incorrect

annehughes

Thank Cockley rebel

All l know is l can't get out because of pain, only go to hospital and doctors appointments
The one that came to do assessment asked about getting out and l said only manage those appointments and l think she asked how far l could walk in metres and l said l didn't know about metres so she said how many mins than and not even sure if l said 15 mins but l know own l said l can only do a few steps and then have to stop . But the decision maker apparently has decided l can stand and then move more than 50 Metres and no more than 200
But even if l was able to walk 15 mins it definitely wouldn't be that amount of metres and my balance and walking is poor, l even fall right over at an hospital appointment last week
Really confused

CockneyRebel

Ok going forward I will help all I can and I am sure that many others here will also.

So first thing is to ask for a copy of the HCP report. Ring the DWP first thing on monday.
Then, look at the date of your decision letter. you have 28 days to request an MR. Hopefully the report will arrive before then. But no matter, a week before the 28 days are up ring the DWP again and request an MR. Follow this up with a letter requesting the same.
When you get the report come back and we can go through how to best overturn the wrong decision.
Please feel free to ask any questions or just pop in for a chat, I know how stressful all this can be

CR.

annehughes

Cockley rebel
Thanks
There is also points l am not happy with on the daily living but l will tell you more once l have report through thank you

CockneyRebel

you are very welcome.
When you have the report we can make a battle plan, HCP often make assumption and opinions which are hard to fight. Facts are what will win your award.

CR

Nystagmite

You have to remember that the criteria has changed. Do you have evidence stating you can only walk less than 20 meters?

annehughes

I can get evidence, from my doctor. It has been suggested a wheelchair may be an option but l am still not at that stage myself. My doctor is brilliant and has wrote letters supporting my mental health and mobility and my difficulty in walking and being pretty much house boundbut not given an amount of how far l can walk

Matilda

@annehughes

This is a fairly new question asked by assessors: how far can you walk, without relating it to distance, to trip you up.

I urge people if asked this question state how far you can walk without experiencing pain etc on a bad day, so measure it beforehand. If it's one minute to walk 20 metres before pain/fatigue/stiffness sets in on a bad day, then you can walk 20 metres before you need to stop and rest.

In your MR application you can clarify and say that the 15 minutes includes a number of stops.

annehughes

I did say that and that my asthma leaves me out of breath if l try to walk anywhere but nothing about that.they did say about me having to stop and rrst 3 or 4 times in the decision but l also said to the lady assessor that that was only if l had appointments at doctors or hospital as she asked how did l get yo appointments and l said transport as l couldn't walk that far to actually get there.rest of time it was only from my room to bathroom, which is next door as the pain is that bad but there is nothing said of that. Not sure even if it is down in her report

Matilda

@annehughes

You have good grounds for appeal. You have to request an MR before you can appeal. Only 20% of MRs succeed but 65% of Tribunal appeals do.

The Atos paramedic asked me for how long could I walk, intentionally left almost to the last when I was very tired after the inquisition. I'd never timed for how long I could walk so, off the top of my head, I said three or four minutes. I was awarded standard mobility. In my MR request I said three of four minutes to walk 20 metres on a really bad day.

At Tribunal the doctor asked for how long could I walk. I asked, did he mean for how long before I needed to stop and rest? He just repeated, how long could I walk for? We argued a bit and then he asked how long could I walk around a shop for? I replied about 10 minutes, including rest stops, after which I'd have to go and sit down for a while. He settled for that. Tribunal awarded me enhanced mobility.

CockneyRebel

As you have a helpfull GP ask for a letter specific about your mobility that you cannot walk more than 20 meters on a good day without severe distress and the danger of falling. reference to a wheel chair would not hurt you case for PIP as the criteria is to br able to stand and walk.

annehughes

Thank you everyone, l am really grateful. I feel so scared and sick about going forward but l am so annoyed with them. With the dla like many l had the higher and indefinitely
Can l ask to see the report or is that only further down the line?
Like lady before l was asked the question right at the end and had know idea what to say as l have never timed myself only knowing it's painful to walk and l have to stop all the time and lean again anything available so l just said 15 mins off the top of my head as the doctors and hospital rooms are not directly if front of you as you get out of your transport
My 15 mins of walking is more like 45 mins as l having to stop every few mins for at least 5 mins but it's difficult as l have never timed myself, like l that is only on a day l would have appointment, rest of time is just back and forth to toilet and that can be painful enough

CockneyRebel

Yes you should ask for the report first thing monday morning

wildlife

@annehughes I've read all your posts here and I would say you don't need to mention you ever said you could walk for 15 mins. even if the assessor put that in her report. You don't need to lie and say you didn't say it just tell them in your MR what you're telling us about not being able to walk 20 metres. Don't be put off by the small percentage that win their MR it is possible if you've got strong evidence and are very determined. If 15 mins is mentioned again, as @Matilda said, say you would only have walked 20 metres in that time as you need to stop and get your breath back for 10 of the 15 mins. most of the days. You can ring the DWP PIP helpline anytime before Appeal and ask for a call back from a Decision Maker to discuss your claim and then you can tell them what you need to clarify about your walking. Also you can ask what other evidence they need to get your mobility raised to the higher level. If they ask for specific evidence and you sent it to them they're much more likely to increase your award. That worked for me. Good Luck...

CockneyRebel

Try not to worry, we are here to help in any way we can There is also alot of usefull information on this site.
If you can, try and get help from the CAB or similar.

CR

Matilda

@annehughes

Yes, you can ask PIP to send you a copy of the assessor's report.

There's 15 minutes' walking - and then there's 15 minutes' walking. 15 minutes walking without a stop - and then there's 15 minutes walking including several rest stops.

Even the DWP rules say that a claimant can walk 20 metres then stop for a minute, then walk another 20 metres, stop and rest, and so on. And still qualify for enhanced PIP. I don't think there's any limit to the number of times the pattern can be repeated.

If you have to go to Tribunal, Tribunals are impartial and are interested in what you can and can't do. Walking in slowly on crutches will count well in your favour, because people tend to be impressed by visible disabilities - regarded as strong evidence.

The doctor at the Tribunal might well put the 'How long can you walk for?' question - but you'll have plenty of time before then to prepare your answer.

WaterLily

Hi annehughes, I too have Spina Bifida and I was,like you,getting high rate mobility until I was assessed for PIP.
I was then downgraded to standard rate mobility on PIP.
I did an MR and was successful.
In my appeal letter I focused on the pointers;

safely in a way that is unlikely to cause harm either to you or anyone else, either during the activity or afterwards
to an acceptable standard
repeatedly as often as is reasonably required
in a reasonable time period - should take you no more than twice as long someone without your condition.

I do have a lot of pain issues with my legs and ankles, but that didn't seem to make much of a difference to the assessor at the time.
I pointed out that I felt very unstable on my feet. That both my ankles are turning in and are very unsteady and I do stumble,a lot.
I don't feel safe when walking and it is not to an acceptable standard.

Once you have read through your assessors report, I hope you appeal the decision.

Colin1958

The important thing is to INSIST that any PIP/WCA assessment is recorded. I know for a fact that Maximus are extremely reluctant to record assessments. Typically they will cite a lack of recording equipment. My answer to that is if they cannot afford recording equipment their contract with the DWP should be cancelled.

Barrylad1957

@annehughes
Sorry to hear you've lost out, its terrible that they're doing things like this to people who need all the help they can get. I hope you get it sorted, and that it all works out for you. Ref: what @Matilda said earlier in this thread, I spoke to an advocate the other day about my upcoming WCA, and she told me that they are asking new, weird questions at both WCA and Pip assessments now. Good luck with the appeal, keep our fingers crossed for you.

annehughes

Thank you waterlily
I walk with feet pointed out which as it happened last week at a hospital for another condition l fell right over due to my foot getting caught in one of my crutches as l was leaving the room, it was awful, l felt such fool and so stupid but the nursing staff were lovely.
I am definitely going to contact cab and yourself a as l just not good with how to put things and my aniexty is now through the roof and trying my hardest not to start scratching my arms as that is something l do but hopefully l will be able to see my mental health counsiler this week