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PIP claim for the second time round..

rozelbud

Hi everyone, thankyou for letting me join this group.

I was born with right sided hemiplegia and since I can remember I received the standard rate of living and the higher rate of mobility under DLA. In August 2017, I was transferred over to PIP and have my face to face assessment. When I received my decision, under PIP I was to receive the standard rate of living and no mobility. At the time, I still had use of my own adapted car for my disability (that I initially got in 2007 when I passed my driving test and bought outright 3 years later) In October last year, the car broke down and the cost of repair was in the range of £4k - a price that (a) was double the worth of the car and (b) too expensive for me to afford to repair. As a result, I sold it to a scrapage company. In November I started the process under PIP to get my mobility component reinstated. After filling out the questionnaire, supplying additional evidence and asking my local MP for help, I had my second f2f assessment on Wednesday.

As well as hemiplegia I have PTSD, anxiety and depression plus behavioural issues relating to my hemiplegia e.g oversensitivity, emotionally instability etc - I had requested a home consultation and was refused so I attended the assessment centre. I found it very overwhelming and got upset and fearful at the beginning as I felt my assessor hadnt read my questionnaire properly. She asked if I was right handed or left and I said "I feel like you haven't read my questionnaire as any health professional I have been put infront of in my life understands that (right sided) hemiplegia is a type of cerebral palsy, a neurological condition that affects muscle strength and flexibility. It would be very difficult for me to be R handed - so therefore I'm left"

She then asked if I could perform some simple movements - and I said "not today, I"m in too much pain and I didn't sleep last night" - she then said could she look at my good side? I reluctantly agreed - and before I knew it (I was going in and out of concentration, I was so stressed) she was looking at and holding my right arm and hand. My support worker who attend the consultation too pointed out that I hadn't consented. And then the assessor was aggressive and said I had. I couldn't respond. I was too stressed.

At the end of the assessment I told her that I had qualified for HR motability under DLA and the decision in 2017 had severely affected my life (I'm currently on SSP since Feb 2019) as I can't travel to my place of work without transport. I barely leave my flat and am very isolated from my normal life. I have very little family support. I feel stress and anxious waiting the decision letter. They said it would be 4 weeks.

My MP has said that her contact at IAS (used to be atos) may be able to speed up the admin side once I'd had the assessment. Has anyone had a similar experience and/or can anyone offer any helpful advice? I'm considering complaining about my assessor as her manner was so cold and formal I couldn't cope and I'm petrified that again I won't qualify for motability component. The whole thing is making me so unwell with the stress and anxiety of it all.

Many thanks for your help

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poppy123456

Hi,

As you've had the assessment if you live in the UK you can ring DWP to request a copy of the assessment report to be sent to you. This will give you some idea what the decision is likely to be because they mostly go with the report.

Unfortunately, not being about to go to work because you don't have transport will not qualify you for Enhanced mobility. It depends how far you can walk regularly, reliably, without pain and discomfort. For the moving around part it's no more than 20 metres but for DLA high rate mobility it was no more than 50 metres.

For the way the HCP was towards you then you can put in a complaint to the health assessment providers. Details how to do that will be on their website.

poppy123456

Providing you score 12 points and are awarded Enhanced mobility it doesn't matter if you scored the points for activity 11 or 12 because both will qualify you for the mobility vehicle. Some people score points for both and are awarded Enhanced mobility, this will still qualify them for the mobility vehicle. https://www.motability.co.uk/about-the-scheme/who-can-join/

kimbles

Hi. My son also suffers with this but it's his left side that's weaker. When reading your other symptoms it's like reading about my son, can I ask if it's effected your learning? Hope you don't mind me asking.

rozelbud

Hi poppy123456 can I ask if I can request the assessment report now, 2 days after the assessment? There seems to be conflicting advice on online forums as to whether or not you have to wait for the decision letter before asking for a copy of the assessment report? Thankyou for your help

rozelbud

Hi kimbles, no it hasn’t affected my learning at all. I achieved AAB at A levels, studied law at university and the LPC to become a solicitor

kimbles

Wow that's amazing, well done!! Unfortunately it has my son, only slightly but enough to effect choice of jobs for him, this upsets him as he wants to work and earn but struggles.

poppy123456

If you live in the UK they will send the assessment report out to you before the decision is made, regardless of what is states online.

rozelbud

Thanks all! Today's update.. I got a text from DWP to say they had received my written report of my assessment and I then called them and asked for a copy. They said they'd send it out today. I'll read it and see then what it looks like the decision may be.. any other suggestions at this stage? Thanks

poppy123456

There's nothing more you can do other than looking for the descriptors in that report when you receive it and use the PIP descriptors to add up any score that's recommended. You'll still have to wait for the decision but they mostly go with the report.

rozelbud

I received the report today and scored 0 for mobility..

rozelbud

Is there anything more I can do at this stage? The report for both mobility questions was inaccurate and misleading as it didn't give a fair representation of how my disability affects my ability to carry out moving around and planning a journey on a day to day basis.

poppy123456

You need to wait for the decision to be made, until then there's nothing more you can do but they mostly go with the report.

Does the report recommend an award for daily living part?

Once a decision is made you have 1 month from that date to request the MR. Most MR decisions remain the same so you'll most likely have to take it to Tribunal.

When requesting the MR they will look at the whole award again and not just part of it. I'd advise you to get some face to face advice from an agency near you.

Matilda

@rozelbud

Many assessment reports are factually inaccurate.

You can ask for an MR (mandatory reconsideration) and if this fails appeal to a tribunal. Around 73% of tribunal appeals succeed.

advicenow.org.uk/pip-tool

will generate an MR appeal submission letter.

Both Disability Rights and CAB websites have guidance to PIP appeals.

There is also the Disability Rights Handbook available to buy from DR website or might be available in your local reference library.

PIP is awarded for how your condition affects your daily living and mobility, not for the condition itself.

Criteria for HR mobility component:

Getting around: able to walk 0-20 meters aided (before you have to stop and rest for a few minutes because of pain/fatigue/stiffness).

Unfortunately I don't know about the planning a journey criteria.

Many dealers will give 5 years' interest free credit on new car purchases.

rozelbud

Hi all,

I received a copy of my report about 7 weeks ago and a decision over the phone today. I have been awarded enhanced rate for daily living and 0 for mobility.

I am starting to work on MR now - any good tips as to what to include specifically? Also I have heard of others putting in a new claim because of the waiting time of getting to tribunal (If and when I need to do that) - does anyone have any more information on that and whether it is worth doing?

Thanks

poppy123456

You can't put a new claim in because you already have an existing award. You can put in for a worsening of condition but you're much better off requesting the MR then Tribunal if that fails. You have 1 month from the date of the decision to request the MR.

Whether or not you're entitled to mobility will depend how your conditions affect you.