Losing PIP and my car, feeling low

mrsgibbons535

I have been on DLA enhanced rate mobility since 1992. I have just been for my assessment for PIP in June.
Yesterday I received my letter to say I had been awarded the standard rate so can no longer keep my car!
I have had 5 pulmonary embolisms, 2 DVTs, heart attack, Osteoporosis, COPD, arthritis and just been diagnosed with Angina. I am 49 years old.
I am on Warfarin for life and have been on this since 1989, currently on 14mg daily with a therapeutic range of 3-4.5. Montelukast, Adcal, Salbutamol inhaler, Salbutamol Nebules, Atrovent Nebules, Dilzem XL.
I was assessed by a physiotherapist. My assessment consisted of walking from the waiting room to the furthest away consulting room, I was out of breath and needed my inhaler. I sat whilst she asked me questions about going to the toilet, washing, feeding myself, taking my medication etc. I was then asked how far my car was away from my front door and how far from my car to my place of work, this was an assessment for mobility, really?????
She then asked me to squat as low as I could just before I left as you heard my knees grate together.
I cannot manage without my car, I have never claimed for anything else just my car and now because of this I will lose my job as I wont be able to physically get to work.
I have never felt so low..

thespiceman

Hello @mrsgibbons535   Pleased to meet you welcome.

So sorry what has happened.  Shocking to hear and I feel for you. I know I was asked to preform exercises. In my humble opinion they have no right to ask you. I refused and that was acknowledged. I did say I was in pain. Says that in the handbook they give you.  On going to the assessment.  Will be asked to exercises but I said no. Although that may have caused me more pain.

One thing I would advise is to speak to your MP for some support. They are often interested in learning what we as a community go through.

 I understand this I am on the standard rate, having a car. Through the Motability  scheme the Government set up.

Life line to me not only me but many members of our community have lost the cars.

I am still waiting what Motability. To write decide what are they come what may going to do. Been a customer, client for twenty years plus.

They do have a scheme they have set up. That gives people who leave a severance package. Unfortunately so complex and confusing to me. Many of our community say so. I understand certain monies but please do not believe what you read and see. Obviously lots of read between the lines and small print.

They are saying this but not that if you get my drift. Had read a lot of problems .

All I can say is the garage leased the car from are going to be not too pleased. Been with ten years. I will have to use my savings .

Might I suggest speak to the garage concerned see what they say. I know a letter is supposed to come soon from Motability to say about handing the car back.

They might ask to make an offer if you have any money. I am hopeful myself. One final aspect of the whole saga.

I got standard rate but if I appeal. Just got the nine points daily living plus four mobility. Frightened will look at everything again. Could in theory lose the lot. Have been cases on here. Like that sorry to tell you that. That is the harsh truth.

At least if I buy my own car it is mine and I they can not take it way from me. Only my one problem is cost but I will have to.

Do know that is the solution.  Do not want to distress you but this is why this PIP to many of our community is hurting not helping.

Want to welcome you apologise for the long post. Care and concern for new members.  We are a friendly supportive community.

Hope that is helpful to you. Sorry what has happened may I add have also been one final point of our community. We are here to listen and advise.

Please Take care 

@thespiceman

poppy123456

Hi,

I'm sorry to hear this. You now have 28 days to request the MR if that's what you plan on doing. If you haven't got a copy of the assessment report then ring PIP and ask them to send you this, as it will help you write the letter of request. You'll need to put in writing what you disagree with, stating where you think you should have scored those points and why. PIP isn't award based on a diagnosis, but how your conditions affect you daily.

I'd advise you to ring your local CAB or other disability advice centre for help, if you plan on going for the MR/Tribunal. Most MR decisions remain the same and the success rate is less than 20%.

Did you send evidence to support your claim? They very rarely contact anyone for this.

Motability will be in contact with you to discuss your options because there are support packages available for those transferring from DLA and have been with motability for a certain length of time. See this link for all the details.

https://www.motability.co.uk/about-the-scheme/personal-independence-payment/unsuccessful-reassessment/

Good luck with whatever you decide to do.

Yadnad

You are advising well in suggesting that people seek the help of the CAB/other advice centre in every case you post on. It is quite possible that in doing so you are adding to an already long queue of people wanting advice/help.

Have you not considered suggesting instead, recognised websites that could offer the same level of advice?

No wonder I can never get in to see anybody at my local CAB - I gave up trying years ago.

thespiceman

Hello @Yadnad   I would just like to add regarding why I say suggest speak to CAB is because people of our community. Want a voice some one to soothe and help and advise.

Being part of greeting and welcoming people is give them reassurance. Who to turn to. Not every body has the expertise and knowledge your good self.

Often I have to deal with those who have distressing stories and problems.

Besides going on the websites is OK and if you can understand the information great. 

I regard myself an intelligent gentleman of a certain age. Yet if my mental health anxiety is heighten I need to hear a voice. Some one to spell it out clearly and simply. 

When my anxiety at it worse it is not going in. So even now if I look at a website it is just words and to me blurred. Why is that. Yet going to these wonderful organisations I can be human they break it down simple for me to grasp.

Especially form filling in. Could do that when I was young and competent now more like a mini novel and so much to do. Need to that right. Very helpful advising me.  Have brain something gone wrong can not do anything now.

First time contacted by phone CAB .  Nervous on edge, stressed and need that sense of authority. That CAB or any other organisation has. Welfare rights I have contacted as well.

Remember the benefits system is complex and confusing. I need to know who and what. I can be at peace.

So had an appointment. Went in and after two hours made to feel done nothing wrong.  Not be ashamed to be disabled or mentally ill.  Care and concern. Had my head full of praise for the team and staff.

All I can want positivity for people to come on and how can we help. The new members of the community.

I hope you understand .

Remember walk a mile in my shoes.

Take care

@thespiceman

Theresa36187

@mrsgothicgirl please please appeal the decision. Most appeals are won. Find out who for starters came to this decision. Whether they're medically trained or an expertise in this area. All these can be used in litigation. Don't give up. 

Topkitten

This is exactly what I am afraid of happening to me and is why I constantly worry as I have yet to receive my decision letter. It does say that, in my area, I will be informed within 8 weeks if I need a f2f but although that time has passed by it could be because of a lost letter or delays due to holidays or many other reasons. As all my problems are invisible I dread the thought of having someone watch me while sitting in judgement of me. As my local Social Care office has blacklisted me I assume it will count against me that I have no support and yet am still alive and breathing.

I can understand the questions regarding the car as the 50 metre limit for DLA has been, as far as I am aware, reduced to 20 metres for PIP. Another way to reduce benefits obviously. Most people have to walk that far or further to get to and from their car and I have yet to find any disabled spaces in any car park that are within 50 metres of the entrance, let alone 20 metres. So I fully expect to have to deal with such questions if I have to have a f2f.

However, in my case, the question may be moot anyway as I am officially housebound now and have only used the car for 3 short trips in the last 10 weeks just to find out how bad things really are. Despite being unable to go out if I do not have a car it seems silly to keep spending the money on one that I cannot use. I have put this decision off about as long as I can but I have to change cars in 3 months and it seems pointless trying to figure out a way to go try out some. Of course, if I can move to a place where I can use my wheelchair indoors and get to and from the car by scooter then I may be able to use it again though, assuming I let it go, have no idea how to get another one at that time and it could be some time next year before I can move.

I would suggest getting some advice but do keep in mind that PIP differs from DLA and is about how you are affected rather than what you suffer from. I hope you find some solution.

TK.

Liam_Alumni

Hi @mrsgibbons535, how are you getting on?

If you're planning on appealing the decision and asking for a mandatory reconsideration, then we have lots of information about the DWP appeals process which you may find useful.

BenefitsTrainingCo

mrsgibbons535,

I'm so sorry to hear that this has happened to you. From what you have said, it is well worth appealing. If you can walk a certain distance but it causes breathlessness then there's a strong argument that your ability to walk should be ignored because it isn't safe or of a 'reasonable standard' (because it makes you breathless). So I think it's possible you should have got more points that you were awarded for mobility. You should also think about how long it takes you, and whether you can do it again (if walking can't be repeated because it causes you a lot of fatigue, then again, it may be that your ability to walk should be ignored - in other words, it's something you can just about do but not to an extent that actually allows you to regularly move more than 20 metres as often as you need to and without it causing you problems).

The first thing is to ask for a mandatory reconsideration. Then if that doesn't change the decision, appeal. Remember to focus on the points you need (12 points for the enhanced mobility component), and that this probably means you need to focus on the 20 metre rule (have a look at the PIP self-test if you haven't already used it). 

If the mandatory reconsideration isn't successful, you will need to appeal, but as Liam says, there's lots of useful information and support on here & the chances of success at appeal are a lot higher.

Finally, as others have advised, do get in touch with Motability. They have schemes which aim to help people who are appealing - you can keep the car for longer than you might expect. This might help you in deciding what to do. I also very strongly agree on contacting your MP, particularly because you are worried about your job. We need MPs to keep pressing for a change in the PIP assessments - what you say about yours just shows us yet again that assessors and the DWP are not paying attention to what the law says.

Will

Yadnad

BenefitsTrainingCo said:

mrsgibbons535,

 I also very strongly agree on contacting your MP, particularly because you are worried about your job. We need MPs to keep pressing for a change in the PIP assessments - what you say about yours just shows us yet again that assessors and the DWP are not paying attention to what the law says.

Will

With respect I doubt very much that MP's are in a position to influence how PIP assessments are carried out. The following link will take you to the government's reply to the latest Select Committee recommendations. On the whole it still is an ongoing review, they are even admitting that Grey's 2nd Review is still work in progress.

https://publications.parliament.uk/pa/cm201719/cmselect/cmworpen/986/986.pdf

Until such time as the assessors are forced to conduct all assessment in accord with even their own guidance never mind what the regulations say, claimants will continue to suffer.