I'm waiting for a MR to try and get Enhanced Mobility...

pcoventry

My son is nearly 4 and now gets DLA as he has GDD and possibly ADHD - should I call and add this to my MR notes? Do you think it will make a difference? 2 of us need help to get around to appointments etc now and some of them are away from the main town!

Thanks

poppy123456

HI,

Your PIP claim is about how your conditions affect your ability to carry out daily activities based on the PIP descriptors. It's not about anyone else's conditions. Telling them about your son won't make any difference to your PIP claim.

What you need to concentrate on is why you think you qualify. Good luck.

pcoventry

Thanks Poppy. I've made 4 lots of notes and had them added. I am hoping things like I can no longer use the handbrake on my car due to weakness will help. I am also happy to be re assessed as now 30M is a struggle. I have to use a bath lift my left side is so bad.

poppy123456

 No problem. I'm afraid none of those are going to help you claim Enhanced mobility either. The mobility part isn't about not being able to use a handbrake in a car, or for example not being able to drive a manual car. It's not about needing a car to be able to get to your appointments. It's also not about being able to get into a bath.

It's purely about your ability to be able to put one foot on the ground, stand and move and for Enhanced mobility it's between 1 and 20 metres, regularly, reliably, without pain and discomfort. Walking inside the home, using stairs, getting in and out of a car isn't included in this activity. What is included is walking outside on level ground, hills aren't included, pavements are included.

Having some understanding about the PIP descriptors and what they mean will help you. Take a look at this link about the mobility activity to try to have a better understanding. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#mobility-activities

pcoventry

Cheers for all the advice guys - Poppy I know I should have got 20 points, I only got 10 and whilst this has helped to improve my mobility with a bus pass and blue badge I have nothing to currently use it in. 

In my assessment the DA said that because I held a Driving Licence I had no problems with cognitive function - and because I was driving daily before it means I have no problem planning a route - She left out that whole section - even though she was told that I had set routes and someone with me at all times to help me get to the places I needed to get to - Also I didn't know holding a Driving Licence was such a big mental deal.  I can't plan a route for ****. I can't even put a meal together - and I am currently house bound because I can't go out and I can't even walk to the bus stop without nearly collapsing

Bit of an update. I sent in my Tribunal paperwork along with 2 other letters for the DVLA and someone else - none got there - the postbox was tampered with. it's not the first time and I should have known better. 

I am going into Hospital soon. I hope they don't find what they are looking for -but if they do i will be asking for a reassessment. I just wish they used competent people, because a MH specialist she ain't! 

poppy123456

Are you saying you were awarded standard mobility by the Tribunal? if so then your question about driving and cognitive function is correct. If you drive a vehicle and you're saying you have cognitive issues then yes this can very well go against you.

You now have 1 month from the date of the decision to request the statement of reasons and record of proceedings. Once you receive that you need to find someone to take a look to find the error in law. If that's not found then you won't be able to take this any further.

Do be aware that reporting a worsening of condition you could end up losing everything you already have. If you're reporting a change of circumstances for a new condition then you must have had that condition for at least 3 months and expect it to last for at least a further 9 months.

I'd advise face to face expert advice before reporting any worsening of condition.

pcoventry

Hi, No I have not been to the Tribunal yet. I did the resubmission online and they have accepted my reason. i was awarded enhanced daily and standard mobility but I have questioned the some of the reasons the DA put down to give me 0 points in Section 11. Such as. "He has hold onto a driving licence so has no cognitive problems" You can still have a driving licence and have head issues. "He used to drive before he got sick - so he is likely on most days to be able to reliably plan a route" which is also wrong I can't plan routes for toffee, i've always had to use 2 sat navs so I don't get into a panic. As for going against me - the worst they can say is no and I keep what I have. I may well have to report a change - I have a week in Hospital coming up soon for scans and tests and if confirmed I've had the problem for about 2 years already but didn't know 

Besides - Enhanced Mobility offers many more options than cars. 

poppy123456

You are getting ahead of yourself. I thought you'd have the Tribunal decision going by your comment from yesterday.

You need to ignore what's been written in report. If you concentrate on that it will weaken your case. Forget the report and concentrate on where and why you should have scored those points.

I would not advise you to report a change of circumstances for a worsening of condition while you're waiting for the Tribunal. If you do this then any decision made on that will overrule the Tribunal decision. This means if the worst happens and you're not awarded again after reporting those changes then the process starts all over again for that.

Wait for the Tribunal because they are fair and they will listen to what you have to say. Prepare and send what you need to send and make sure it's sent ASAP.

pcoventry

Thanks. I did say I thought here decision was unfair and then did about a page explaining why - quoting what she put and then stating why it was wrong. Luckily you can do it online so I did it after my last post and it was accepted today and I have to wait now. I am moving soon so I might have to travel back for it but that's okay I can get driven the 100 miles or so if needed. 

I have not mentioned anything that might be happening in the near future - as it's not happened yet. I get your point there

Worst they can say is no - I am no worse off it so. But I had to mention the report as thats why I am doing the Tribunal.

Can't change it now - Just got to wait and see what happens. 

poppy123456

I wouldn't advise to concentrate on any lies/contradictions that may have been told in the report, doing so can harm your case. They will only be interested in where any why you think you should have scored those points. Followed by the real life examples.

pcoventry

Ive basically said what was put in the report - why I think it was wrong and then gave multiple examples of what my life is like - I was also asked to upload the page where this was put. I've done it now and I can't change it so I guess all I can do is wait. 

Chloe_Scope

I really hope it's a positive outcome @pcoventry!

DuffersMum

poppy123456 said:

 No problem. I'm afraid none of those are going to help you claim Enhanced mobility either. The mobility part isn't about not being able to use a handbrake in a car, or for example not being able to drive a manual car. It's not about needing a car to be able to get to your appointments. It's also not about being able to get into a bath.

It's purely about your ability to be able to put one foot on the ground, stand and move and for Enhanced mobility it's between 1 and 20 metres, regularly, reliably, without pain and discomfort. Walking inside the home, using stairs, getting in and out of a car isn't included in this activity. What is included is walking outside on level ground, hills aren't included, pavements are included.

Having some understanding about the PIP descriptors and what they mean will help you. Take a look at this link about the mobility activity to try to have a better understanding. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#mobility-activities

I disagree to an extent Poppy.  I was assessed as being able to walk up to 50m purely on the fact that I can drive a manual car, if I had an automatic car I suspect I would have been given the enhanced mobility...she implied because you need power in your legs to drive a car you can walk..it’s absolute rubbish but the DWP agreed and awarded me standard mobility

cristobal

@DuffersMum - did they really base their decision purely on the fact that you drive a manual car?

Just seems very strange when, as Poppy has pointed out, driving isn't part of mobility..

Good luck...

DuffersMum

cristobal said:

@DuffersMum - did they really base their decision purely on the fact that you drive a manual car?

Just seems very strange when, as Poppy has pointed out, driving isn't part of mobility..

Good luck...

It appears that was the main factor...as she only saw me walk 15m she deduced from this that I was able to walk more than 20m ? but less than 50m,  my assessment report was full of inconsistencies and inaccuracies...waiting on a MR decision now but not expecting it to be changed..I’ve read quite a lot of posts on various forums where people have been turned down for the exact same reason...

cristobal

@duffersmum - thanks for the update...

pcoventry

@DuffersMum I agree. I was turned down for that reason. Expect a NO and as soon as you get the NO then you need to go here and start your Tribuneral. it's actually better than the forms and takes no time at all.

https://www.gov.uk/appeal-benefit-decision/submit-appeal

I can only walk 50M with a stick and then I am shattered and have to rest.  And I had at the time an Electric car which is 1 speed gearbox - and I still got Standard.

I had a letter today saying they have asked DWP to raise an objection if they want to because my Tribunal was late. I have stated the reasons why and even produced certificate of posting - the mailbox had something poured into it and all them mail was damaged and destroyed. RM won't put that in writing but I can prove I sent it.

If they object and I can my claim rejected I'll be taking this further - but I just have to hope and prey I don't get a notification in the next 28 days telling me they have objected - or if they have what the outcome is after consideration.

Besides if I got Enhanced I wouldn't want a car. I would use my backpay to pay for some private medical tests and then I would get a Scooter instead - as mine is starting to die on me.

Tense Times! 

poppy123456

It's very unlikely HMCTS will refuse your appeal.

pcoventry

Thanks I hope so - I just assumed because it was late it would be - the reason etc.

I will let you all know - I think I am signed up to the SMS service as I got an SMS when I did the appeal - but I will call tomorrow to make sure I am signed up. Then I will know well in advance of letters turning up. Unless they do it by e-mail which would make sense 

pcoventry

Saw CA today - turns out that I could just ask them to change the benefit decision by revision. No need to worry about the month but I can't prove what was said between me and the DA as I didn't record it and the whole point of the Tribunal is that she left this vital bit of information totally out and said the opposite - so not sure if a revision would sort that but it's an option as there is no time limit 

pcoventry

Yes it's been accepted got an e-mail/SMS today. My doctor is writing me a report next week. I've said I can do short notice if needs be so I will just send it in as soon as I get it ready for the day