Should I appeal?

KJames

I was recently moved from DLA to PIP (at 64) and awarded the standard rate for help with daily living needs and mobility.  I was previously on the enhanced rate of mobility since 2004.  Despite my mobility deteriorating over this time this didn't affect their decision.  I requested a MR and the notice came through last week.  They rejected awarding the enhanced rate of mobility from 10 to 12 points.  Part of this was planning journeys due to my ongoing depression since leaving my employment at the end of 2017 on a NDA.  One of the arguments they used was I drive an automatic car and attended the assessment without any help?  The car was actually bought from Mobility on hire purchase and designed for my needs.  They also stated that I declined a musculoskeletal exam when the HP told me told it was 'optional', although they acknowledged I was in discomfort and pain at the time of the assessment.  This was the second assessment as the first one contained errors.  I had to go through the whole distressing process twice.  I am in the limited capability for work group, decided by an ATOS assessor last year.  I feel they have got the mobility decision wrong as I cannot walk 20 metres without considerable pain.  I am thinking of appealing and getting a chartered physio report to help my case.  It's a bit of a dilemma as I receive more benefit now than when I was on enhanced mobility alone.  Any advice is appreciated.

Ami2301

Hi @KJames welcome to the community! 

Sorry to hear what has happened, I am unsure how to advise however there are many members of our community who will know how to advise and will be in contact with you soon.

Let us know if you need any further help

Pippa_Alumni

Hi @KJames, and a warm welcome to the community!

I'm sorry to hear about your experiences, it must have been really frustrating to feel you haven't been heard. It's a tricky decision to make and at the end of the day only you can decide what you would like to do, however we have many members who have been through the process themselves who may be able to share their thoughts.

In the meantime, please do keep us updated. You may be interested in this Scope page on appealing DWP decisions, too.

Jennyp58

I was refused DLA on first application so appealed and was refused again so took it to a tribunal. I appeared before a panel of a carer, a solicitor and a doctor who found in my favour and awarded me the highest rate for mobility and standard rate of care. When it changed to PIP I had to go through the medical exam again and my mobility was dropped to the standard rate. I fought so hard the first time found that I was so grateful to be granted any at all that I didn't query it and I am on t his rate till next year. My opinion is you should appeal and see where it gets you. If you are disabled, for whatever reason, you need help and people need to see this. I hope all goes well for you.

KJames

Thanks Jenny.  I'm already getting help from the CAB as they put in the mandatory reconsideration notice and presented a good defence.  It's a shame that I'm just 2 points short for the enhanced mobility rate, which I had been on for several years.  My mobility hasn't got any better over this time.  I couldn't go to the appeal on my own.  It seems to me that the DWP make it diliberately difficult.  I didn't have a clue about benefits after working for 25 years, but now realise it's a minefield. 

markyboy

You must appeal because if you are on standard mobility at 65 you cannot ever go on enhanced again

Yadnad

markyboy said:

You must appeal because if you are on standard mobility at 65 you cannot ever go on enhanced again

It all depends on the date of the decision notice. If it is more than 13 months ago, then there cannot be an appeal - far too late.