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PIP Accessor

LukeeeukLukeeeuk Member Posts: 9 Listener
Hi All, Basically have a few questions.

My partner has been having on going back problems for the past 2 years since a major car accident, After years of complaining to his doctor on many occasions they finally got him in for a MRI Scan as the pain was getting unbearable.

they found a disk Protrusion, Slip disk, Spinal cord keeps getting caught causing his right leg to give way and sometimes fall, He also has wear and tear on lower back and has a crumbling disk on the top of his back.

He can barely walk up to 20 Meters but the accessor said he can walk up to 22 Meters.

The accessor also said he is capable of reading and writing but he has been classed as dyslexic, But because he walked in with paperwork they took it as he can read and write.

They scored him 

8 Points Daily living 
10 Points Mobility.

he relies on a car on a day to day basic, He has to borrow his mums car on the days that he actually manages to get out, He mums has to also take him some times depending on how he feels.

With the assessor he was only in there 15-20 Minutes and all the paperwork states it is consistent with MSO.

If we appeal their decision would we be likely to receive enhanced mobility as this would help us outbvey much. 

Thanks in advance

jodie 

Replies

  • simonsablesimonsable Member Posts: 76 Connected
    @Sam_Scope Can you pass this on our Benefits Advisor
  • LukeeeukLukeeeuk Member Posts: 9 Listener
  • Sam_ScopeSam_Scope Member Posts: 7,732 Disability Gamechanger
    I have moved this over :)
    Scope
    Senior online community officer
  • LukeeeukLukeeeuk Member Posts: 9 Listener
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Hi Lukeeeuk and welcome

    It is important to understand the points system, descriptors and criteria for an award. A good place to start id the B&W self test

    http://www.mybenefitsandwork.co.uk/pip/indexxx.php

    The first stage of appeal is to ask for an MR, where the whole award can be looked at again and points can be lost as well as gained.
    There is more success at tribunal hearings but the MR is a necessary step to get there

    One thing to consider is how long is your partners award for ?

    If you do decide to challenge the decision it would be helpful to obtain specific medical evidence regarding the difficulties that your partner has with the descriptor activities

    Please come back with any questions

    CR
    Be all you can be, make  every day count. Namaste
  • LukeeeukLukeeeuk Member Posts: 9 Listener
    Hi @CockneyRebel When I do the self test for my partner t scores him Daily Living 8 Points Mobility 14 Points. My partners award is for 1 Year, But we will be appealing this too as on the Assessment paperwork it says it will be there for longer then a year. The doctors and consultants have said that his Disks are crumbling, They are not sure what will happen in the near future but are clearing stating he should not go back to work. The only problem we have with the assessment paperwork is the 11 b. Needs prompting to be able to undertake any journey to avoid overwhelming psychological distress to the claimant. With journeys he gets very stressed and worried as he is dyslexic and cannot read or write great so has to have a sat nav, When on journeys he really panics and has constant server pain in his leg and back. A car is his only means and ways to get around as he has to stop as close as possible to where ever we are going. We haven’t had the decision yet so could well grant him mobility due to risks of falling. Jodie
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    The review period is to take into account both the possibility of getting better and your partners condition getting worse
    Using a sat nav will not score any points

    It may be easier to prove that your partner cannot safely, reliably , repeatedly and in a timely manner, manage to walk more than 20m to gain the enhanced rate for mobility.

    It is possible to ask for a call back from the DM to discuss any concerns you have before the decision is made, sometimes this can help and is certainly worth a try

    I hope it goes well for you and him,please come back and let us know

    CR
    Be all you can be, make  every day count. Namaste
  • LukeeeukLukeeeuk Member Posts: 9 Listener
    Hi @CockneyRebel

    thanks for the quick reply.

    in the assessment paperwork, the lady has stated.

    risk of falling when he is walking, as his right leg constantly gives way.

    she said that he walked 22 Meters at a slow pace and in pain,  She didn’t say how long it took him and how much he struggle to do it, but this was on a good day, they didn’t take into Account the most worst Days Maybe 4 days a week not being able to leave our house.

    We will await their decision and see what they say.

    Thanks

    Jodie


  • LukeeeukLukeeeuk Member Posts: 9 Listener
    Hi @CockneyRebel

    i called them this morning and they told me that I could not get a call back from the DM and that I won’t be able to until my case has been decided
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    As with most phone operators the training is at best poor. You do need to be insistant but many here will tell you that you can talk to a DM before the decision is made
    It cetainly sounds as though you have very good cause to ask for an MR if the decision is not as it should be. However you may need to take his case to tribunal

    I would try again to talk to a DM,it might save a lot of time

    CR
    Be all you can be, make  every day count. Namaste
  • LukeeeukLukeeeuk Member Posts: 9 Listener
    Hi @CockneyRebel

    they finally put me through to the DM.

    i explained my partner cannot safety or  reliably Walk 20 Meters due to his leg constantly giving way and causing falls, he also asked if we had any other problems with the assessment paperwork and that to give him a call if we do.

    will keep you updated when the decision comes.

    Jodie
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    That is good, hopefully you will have managed to set them straight and get the correct award.

    They don't make it easy for us but a little bit of knowledge and persistence does pay off sometimes

    CR
    Be all you can be, make  every day count. Namaste
  • LukeeeukLukeeeuk Member Posts: 9 Listener
    Hi @CockneyRebel

    had a decision back, they have put him on standard rate in Daily living & Mobility.

    we are awaiting the letter so we can appeal it.

    Jodie
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Thanks for letting us know
    there is plenty on here about the appeal process, First stage is to request an MR
    If you have any further supporting evidence it might help but often it is more the way the evidence has been read (or not )
    Best of luck and please do ask anyquestions if we can help

    CR
    Be all you can be, make  every day count. Namaste
  • LukeeeukLukeeeuk Member Posts: 9 Listener
    edited December 2017

    @CockneyRebel


    I am writing in regards to my partner Mr **** P*******


    PIP awarded him the standard rate if Daily living allowance and Standard rate of mobility, We understand that the standard daily living is correct but we feel that we he should have been awarded enhanced rate of mobility.


    The reason being is that he’s leg is giving way without any warning therefore is at risk of falling, He is always gets sharp pains in his leg which is causing I’m to stop where ever he is until the pain has gone away, He has fallen over 2 Times in the past couple of months and has caused him to hit his right knee of the pavement.


    He relies on a vehicle otherwise he will not be able to get out anywhere as he is always worrying that his leg is going to give way in front of people and he is going to fall.


    He uses his mums car to get to the shops or to drop me of shopping, if his Mum is using her car he never gets the chance to go out meaning he is stuck in most of time.


    I cannot stress enough that without a vehicle he will in be indoors on the days that he feels he is capable of getting out.


    Me as his partner believes he cannot safety nor repeatedly walk 22m even in a timely manner as if his leg gives him pain he has to stop.


    Therefore I am writing to ask for a mandatory reconsideration as I believe he is entitled to the enhanced pip.


    Thanks for your time


    Jodie ******


    On Behalf of


    MR Luke *********





  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi lukeeeuk,

    As CR says you really could do with providing some medical evidence either from a GP or a hospital consultant, but apart from that your letter is good, as it focuses on the important parts of his problems. It's important to understand that the DWP do not change their decisions very often at the mandatory reconsideration stage even when the evidence is often overwhelming, although it can happen. You may need to attend a tribunal to get the outcome that you want, but that can bring its own risks because the tribunal has the power to take points away as well as add them to the original decision. Good luck!

    Lee

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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