PIP, DLA and AA
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PIP Advice

GeorgeSGeorgeS Member Posts: 4 Listener
edited January 2018 in PIP, DLA and AA
Morning everyone :) 

Newby here to what looks like a great community and sorry for what might be a long post but I am sure there are other people with similar questions so hopefully the answers will help me and other people.

I am looking for advice on whether or not to make a mandatory reconsideration?
I'm 64 (65 later this year) & recently had to apply for PIP after over 30 years on DLA at higher rate Mobility

I am disabled with paraplegia and had a few bouts of spinal surgery  (most recent Nov 2016)
I have to wear AFO on both legs because of no movement in both feet and cannot stand without aid (2 sticks/crutches)

I drive a car with hand controls

I had my assessment on December 18th last year and recently received my award letter (dated 13th Jan but received on 19th Jan)
I have been awarded standard on both daily care and mobility 

The mobility decision contained these statements:

"The use of aids was supported by you being observed to display grip and dexterity when handling your walking aid and by your comments that you drive a car, a task which requires significant physical function in terms of grip, power, upper and lower limb movements"

"You were observed to walk 16 metres aided at a slow pace, which was consistent with the  physical examination. You take appropriate pain relief medication and you were able to walk to the assessment centre after being dropped off outside. I decided you can stand and then move 
using an aid or appliance more than 20 metres but no more than 50 metres"

The 1st statement makes no mention of the fact I have to use hand controls (and not my legs) to drive
The 2nd statement is true, although yes I do walk slow (I have to) and the 16m was on nice flat floor, not an uneven pavement with kerbs, and the 'walk' to the assessment centre was 3 paces across a pavement to the centre after my son dropped me off

So my advice wanted is - should I make a mandatory reconsideration regarding the mobility component?
I have read that after my 65th birthday I cannot be awarded a change in mobility to the higher rate and will have to stay with what I have been awarded
I have also read that they could reconsider the whole award (not that that worries me) as I have never had a care element despite needing appropriate aids around the house.

thanks all

Replies

  • janice_in_wonderlandjanice_in_wonderland Member Posts: 265 Pioneering
    @GeorgeS George

    Yes MR 
    Keep fighting to the end 
    65% are successful at a tribunal 
    assessors have been proven to lie over and over again 

  • bevt2017bevt2017 Member Posts: 353 Pioneering
    Hi @GeorgeS
    Hello and welcome
    Yes you should!! 
    I have just recently sent a new application to P.I.P, to change my mobility.
    I receive the higher rate for living and the standard for mobiliy.
    It took me a year to get P.I.P.
    And I went through so much in the process, I just wanted to give up. But thanx to the people in the community, I didn't let them beat me.
    So yes deffenatly 
    Good luck
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited January 2018
    @GeorgeS

    You deserve enhanced both elements so make an MR and go to tribunal if necessary.  I was awarded standard both elements after assessment, increased to enhanced both elements after tribunal hearing.

    It is the practice of many assessors to at least play down, or even tell blatant lies, about claimants' disabilities.  And tribunals know this so usually don't place a lot of credence on assessment reports.  Tribunals are impartial and are there to determine what you can and can't do, without bias.

    As you say, this will be your last chance to get enhanced mobility.

    It is standard to review the whole award.  But, in practice, 80% of MRs just rubber-stamp the original award and 65% of oral appeals succeed, as @janice_in_wonderland say.

    My genius of an assessor decided that, because she had watched me walk 16m (on a level, carpeted surface) from waiting area to interview room, then I must be able to walk 20m to 50m (using pavements and kerbs) - which is a preposterous extrapolation as I pointed out in my MR and appeal submission.   Tribunal grilled me about my walking but accepted that I could walk only up to 20m before I needed to stop and rest.

    For enhanced mobility you can walk up to 20m (DWP think this should take 30 seconds but it might take some people longer) before you need to stop and rest for a few minutes.  Then you can repeat the up to 20m or 30 seconds.  Though probably the distance would shorten and the time increase with repeated micro journeys.  It is important to relate time to distance.

    Disability Rights UK site has a good guide to all stages of PIP.  And there is this MR tool:

    http://www.advicenow.org.uk/pip-tool 

    if you didn't submit a 7 day diary, do so with your MR.  Disability Rights has a draft diary that you can adapt.
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @GeorgeS, and welcome! I hope the above advice is helpful. There's also more guidance on appealing a DWP decision here. Do keep us updated and let us know if we can be of assistance. 
  • GeorgeSGeorgeS Member Posts: 4 Listener
    Cheers all, Advice is as I was hoping and some great positive remarks. I have just rang DWP to ask for a copy of assessors report and just looking at the link to the MR tool and will keep a diary as recommended and send it off with the MR  :)
  • MisscleoMisscleo Member Posts: 646 Pioneering
    Some advice please on what the 1st person said about 65 being their last chance at mobility allowance 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    The PIP mobility award that you have at retirement age cannot be increased at a later date even if your needs change
    So if you accept standard mobility and your award length takes you past retirement age then if you cannot in the future receive the enhanced rate

    If you are on DLA past retirement age and you are then invited to apply for PIP, the mobility award that you accept will not be increased in the future

    CR
    Be all you can be, make  every day count. Namaste
  • GeorgeSGeorgeS Member Posts: 4 Listener
    Misscleo said:
    Some advice please on what the 1st person said about 65 being their last chance at mobility allowance 
    this is from the Age UK web site

    "You cannot normally start to receive either rate of the mobility component after the age of 65, although you can continue to receive it if it was awarded before your 65th birthday. If you are awarded the standard rate of the mobility component before you reach the age of 65, you cannot move up to the enhanced rate if your needs increase after you are 65. If you are awarded the enhanced rate of the mobility component before you reach the age of 65, and your mobility needs reduce to a level that would qualify you for the standard rate after you are 65, you can move down to the standard rate (and back up to the enhanced rate if your mobility needs increase again within a year). If you are over 65 and receiving PIP and you start to have daily living needs or your need for assistance with daily living changes, you can ask for a supersession and qualify for the standard or enhanced rate of the daily living component in the usual way"
  • [Deleted User][Deleted User] Posts: 128 Courageous
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