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Walking 20m but less than 50m with aids DLA to PIP

DuffersMumDuffersMum Member Posts: 119 Pioneering
Hello

Looking for some advice, have been on lower rate care and higher rate mobility DLA for many years and have recently had to apply for PIP.

I had my assessment and requested a copy of the report from the DWP which I received recently.  I was surprised to see that the assessor had marked me as being able to walk more than 20m but less than 50m aided.  I had said I could walk up to 20m aided on my form,

Having read her report she states that I walked approx 15m from the waiting room to the assessment room with a stick, without stopping and that because I can drive a manual car it is “reasonable to presume she can walk more than 20m”. Her reasoning for this is because I have to use the clutch and accelerator I have enough strength in my legs to be able to walk.  Complete nonsense.  There are other discrepancies in her report but I’m concentrating mainly on the mobility for now.

I rang the DWP to ask to speak to the decision maker dealing with my claim so I could refute this part of the report before a decision is made, I was told by telephony that they were unable to do this and also unable to ask the decision maker to ring me but they would add my comments to my claim and it would be seen when the decision maker looked at it.  Best I can hope for I guess.

I reiterated time and time again at my assessment that I could not repeat any of the tasks if I had already done them once because my arthritis makes it too painful.  I have replacement knees due to arthritis, one of which has not been as successful as I hoped and now have it in my hips and back.

Obviously walking is more painful than driving because it is weight bearing. (The telephony person asked me how I managed to work the pedals in the car and I explained I do not have a problem with my feet and I’m sat down whilst driving) I only drive once or twice a week if I have to and then only short journeys.

Has anybody else encounters similar at their assessment and been successful at MR or appeal? I don’t have the official decision yet but expect them to go with what the assessor has said so will need to go down the MR and/or appeal route I think.

Replies

  • worried33worried33 Member Posts: 399 Pioneering
    I cannot offer an opinion on your ability to walk as only you know how your body works.  But there must be a way to speak to a DM as others have managed to do it on here and when they manage to they usually get decisions successfully revised.
  • April2018momApril2018mom Posts: 2,869 Member
    If you do pursue a MR, give a list of examples of situations. I also recommend speaking to a DM to see what they can do to change the original decision. Best of luck! 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    I agree with being able to speak to a DM but having the decision revised at that stage isn't guaranteed.

    During my daughters last PIP review, i received a copy of the report, which indicated Enhanced for both parts but the award length was just another year. I rang DWP and was put straight through to a DM and told her that i thought the short award length was harsh, given my daughters conditions are not ever going to improve. She has ASD and a learning disability. I asked for the award length to be increased, sadly when the decision arrived they went with the report and she received another 1 year award.




    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • DuffersMumDuffersMum Member Posts: 119 Pioneering
    I haven’t received the official decision yet, I was hoping to speak to a DM before a decision was made by telephony told me my claim was still in a queue and hadn’t been allocated to a DM yet..I have no way of knowing if that is true or not..I would obviously like to discuss it before a decision is made in order to not have to go down the MR or appeal route.  It is very frustrating,,,do you think I should ring again on the off chance I might get someone on the phone who knows what they are doing?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Ring again and ask to either speak to a DM or for one to ring you back. If you do manage to speak to one, it's not guaranteed that the decision will change.

    If you do request the MR once a decision's been made do be aware that they will look at the whole decision again and not just part of it. Most MR decisions remain the same but there's always a chance you could lose everything you already have, as well as have the award increased. No one on an internet forum can tell you if there's any risks to any award you may already have by requesting the MR. Face to face advice is needed to determine this.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • DuffersMumDuffersMum Member Posts: 119 Pioneering
    I appreciate there are risks involved doing a MR or an appeal but sometimes you have to make a stand when the assessor has blatantly lied, I know thousands of others changing from DLA to PIP have had similar experiences regarding losing higher rate DLA.  My husband had to go to appeal on his first award, and won, his second award went through with no problems but the DM rang him to discuss a couple of points and then awarded him higher rate mobility whereas before he was on standard rate...I think I will just ring every day and ask if my case has been assigned to a DM yet and when they say it has I will ask to be out through to them.
  • DuffersMumDuffersMum Member Posts: 119 Pioneering
    Just rang again and claim still not been assigned to a DM..I will ring every day until it has..once again I was told by telephony that they don’t send copies of the assessment report out until the decision has been made, and once again I told them that they quite obviously do because I have a copy of mine...the more I speak to them the more I realise they know nothing 🤷🏻‍♀️
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @DuffersMum, I imagine this is extremely frustrating! Especially when they are giving you different information each time.

    I really hope you don't have to wait much longer.
    Community Partner
    Scope

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  • DuffersMumDuffersMum Member Posts: 119 Pioneering
    Having previously worked for the DWP I am only too familiar with their underhand tactics 😕
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