Any way to avoid the battle?

sharbod

I have been so lucky to have a mobility car, i feel humbled by this fantastic opportunity to have my freedom and independence  but although I have been awarded this until July 2020  I will yet again have this massive battle to retain this vehicle, I have submitted gp consultants and Ot letters , I feel I have justify again and again my worsening osteoarthritis and avascular Necrosis plantar fascitis spinal stenosis, these conditions will only deterioate, but I will be prepared to alter my letter that accompanies the evidence, and my medication list, is there anything else that I can do to secure a longer award? I am on 2 lots of antidepressants,, I would love to hear if this is possible and to be able to get on with my life, without worrying to much, thank you in advance ?

Roddy

@sharbod I'm afraid that I don't have positive news, as I was in the same position myself last year. I had a mobility car until I was assessed yet again and despite my appeals I'm still without and practically housebound as my independence has been taken away...  However, one thing which almost overturned the DWP decision, was my timed & dated personal diary of events which I recorded and kept over a period of two weeks. In hindsight, I should have done this for a minimum of TWO MONTHS to accurately demonstrate my dependence of having a car.  I would advise you to do the same, by writing down every time and situation that you use your car, and have to depend upon it for your mobility needs, whilst also noting how you wouldn't be able to manage or cope without it. Try to explain yourself and think of your 'car' as a mobility Aid which you couldn't be without, such as like a walking stick, or a wheelchair for example being taken away from you... 'Prove' that you cannot manage at all without your car, and you stand a good chance of not losing it, but???

Singing

Write to your MP ? 

CockneyRebel

There is no way to guarantee that an award will be continued after a reveiw. However there is nothing to stop you asking for a longer award citing that your condition is lifelong and and worstening with accompanying supporting evidence

Roddy

CockneyRebel said:

There is no way to guarantee that an award will be continued after a reveiw. However there is nothing to stop you asking for a longer award citing that your condition is lifelong and and worstening with accompanying supporting evidence

It can also be substantiated that all DWP assessment sessions are a lottery. Decisions are quite often based upon the mood/capability of the assessor, and some will even lie, distort and fabricate in order to award zero points. This happened to me, and isn't it odd that zero points went up to 18 points following my appeal. This surely demonstrates an act of incompetence and little regard, and quite how 'the words' of a nurse over those of hospital specialists and medical reports form the basis of a so-called 'assessment' also demonstrates that the DWP has got it wrong and are literally ruining the lives of those in need. 

One could argue that the wrong decisions are in the minority, however the very fact that thousands of disabled people are being refused their entitlements is reason enough to suggest that it is not administrative errors etc., which are to blame, it's the blinkered attitudes of those within the DWP itself and the wilful injustices by 'nurses' on a keyboard... I am 100% convinced that my own assessor had already decided before the assessment even took place, and it worries me deeply that I'm not alone with this abhorrent treatment, as is evident by the many that have also been affected in this way.  

Mandatory Appeals and Court Hearings are at their all-time highest throughout the UK as are also the amount of disabled people who are being refused  their justifiable rewards. The current system simply does not work, and it never will for as long as it used.   

mikehughescq

Medical evidence is largely not pivotal to PIP award length so it’s best not to focus there but instead look at their guidance on award lengths at https://www.disabilityrightsuk.org/sites/default/files/pdf/Award%20period%20guidance%20-%208%20August%202018%20%282%29.pdf and work with that. The best approach is toast them to identify the piece of evidence, as opposed to guidance, which led to a time-limited award and to reconsider if they can’t. 

Substantiating the random nature of HCP reports is neither here nor there when it comes to challenges. You win or lose on the facts of your own case and not what is or is not happening generally. 

It’s perfectly possible to pursue a challenge on award length only. See 
https://www.rightsnet.org.uk/welfare-rights/caselaw/item/whether-pip-appeal-can-be-pursued-where-sole-issue-of-challenge-is-question but you’d need to know exactly what you’re doing to do that and not open the whole award up to challenge so representation will be needed. 

Finally, mandatory reconsiderations are barely 6 years old and far from being at an all time high they are at a low and falling. There are no court hearings for PIP. There are only tribunals which may or may not be held in court buildings. Tribunal hearings have a significant backlog but are nowhere near any previous highs. Success rates suggest the exact opposite of what was just posted. 

For what it’s worth most of your conditions make a case for a longer award bar the Plantar Fascitis which of course has many treatments but it really depends on where you scored your points in the first place. 

sharbod

Thank you mikehugesq, all sound advice, and looking at this from a different angle and perspective ,may give me a better chance to obtain and secure the award for longer, I can only try my best, no distortion of factual evidence, just a different way of doing it  thank you once again ?