PIP, DLA and AA
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Lost mobility element

heidihoheidiho Member Posts: 3 Listener
edited January 2018 in PIP, DLA and AA
hi all,I’m wondering if anyone may be able to offer me some advice,I had to complete a reassessment for my PIP,I was getting high rate mobility,my condition is now worse than when I claimed,I have failed back surgery,due to NHS negligence.I applied for a mandatory reconsideration,I included a copy of a letter from my GP and Physio,stating how bad my mobility is and that I need to be taken out by wheelchair,also stating my pain relief ect?I rang PIP today and they have still refused it!,I’m so upset and angry as I really wouldn’t apply for this benefit unless I genuinely didn’t need it.Im going to appeal,it seems so daunting,yet I have to fight with what little strength I have.My car was returned on the 2nd of January,I’m. It sure how I’m going to be able to get to my physio appointment next week?Im hoping that with a completely new set of people who can see and hear how my disability effects me,they may award my mobility back

Replies

  • mikehughescqmikehughescq Member Posts: 6,009 Disability Gamechanger

    Okay, so everything you've done so far is fine and now is the stage to secure yourself some representation so that you don't have to do this by yourself. Look for local independent advice and someone who will appear on the day of your hearing and represent you with you alongside rather than someone who sends you along by yourself with just their written submission for company.

    You perhaps need to think carefully about your evidence. Evidence from the GP and physio is fine but it can only really talk about diagnosis, prognosis and medication. It may mention your use of a wheelchair but does it reference how often and for how long? Does it talk about how far you can walk? Whether you can do such distances reliably, repeatedly, in a reasonable time and so on? If it does not then that's the evidence you need to get in. You need to sit down and self-assess.

    Decide how many points you're entitled to and why and then look with a cold, hard eye at whether the evidence you have supports that and provides recent anecdotal examples of what happens if you try to perform such activities or the last time that you did. Getting someone else, not necessarily a rep., to play devils advocate with your evidence can prove really useful. Do not assume that stuff is self-evident. If any kind of different inference can be put on a piece of evidence then you need to prepare for the possibility it might be and ask yourself what your counter argument is and whether it's strong or weak.

    Bottom line is that if you go into a tribunal room and don't know precisely which points you ought to receive and which evidence supports that then you're making the tribunals work harder and not helping your own case.

  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    So sorry to hear about your experience, @heidiho. As Mike says, it sounds like you're preparing well and doing all the right things. If you haven't already, I'd also recommend reading the appealing a DWP decision guidance linked on your other recent discussion post too. Do keep us updated and let us know if we can be of any assistance going forwards!
  • heidihoheidiho Member Posts: 3 Listener
    Many thanks for you advice,I think I need to concentrate more on how my disability affects me,as opposed to my GP and physio stating my disability.My GP did say I can't travel on public transport with ease.My physio did state my carer takes me to see her in my wheelchair.Im guessing as you say this is information in regard to disability.Im getting prepared today keeping a diary of what help I need,how long it takes and the impact /pain I suffer in doing these everyday activities.Is that more what I need to be focusing on? I guess for these assessors it's a blank canvas.Im not giving in as I was yesterday!! I cried so much in frustration and I was so indignant that even with professional letters support it wasn't acknowledged.My physio stated in her letter though than I can't do hydrotherapy due to the stress of arriving and being able to complete the session.
  • mikehughescqmikehughescq Member Posts: 6,009 Disability Gamechanger

    Yes, effectively they have a blank canvas for every assessment and reassessment. That's a good way of looking at it. A diary can help but so can talking it through with other people. I think I'm really good at articulating my needs as a consequence of my sight impairment. First time I claimed DLA my wife pointed out I had missed out loads of care needs. Other people can often remind you of things you don't even think about because they're second nature to you.

    I would actually start with a self-assessment of what points you think you should score and why but I'd then focus initially on the stuff your GP and physio. highlighted.

    So, given what your GP says about you travelling on public transport, give clear and (hopefully) recent examples of incidents that have happened when you have. Your GP made an assertion. You need to evidence it. Similarly with the physio., describe the routine of going to your physio. How often? Over what distance? With whom? Why? Incidents that have occurred even though you had a carer with you.


  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @heidiho

    Disability Rights UK site has a good guide to PIP in general including a draft diary that you can adapt.
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