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Mandatory Reconsideration decision received

DuffersMum

Just received by MR decision, no change..no surprise there..makes a right mockery of the motorbility scheme because they state because I can drive I have to have power in my legs and feet..so all those people with motorbility cars how come they get enchanted mobility? Surely they also need power in their legs and feet?

They also said they cannot consider awarding PIP for any help you need in anything not covered by the daily living or mobility activities, including walking on slopes or uneven surfaces. sure it says they have to take those things into account?

I don’t think they have actually even read my evidence I sent.

Onwards to appeal now then.

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Comments

poppy123456

Hi,

The moving around part of mobility PIP does not consider your ability to walk on uneven surfaces or hills/slopes. What is considered is flat even surfaces outside but kerbs are considered. Inside the home is not considered for this activity either.

Having some understanding of the PIP descriptors will definitely help you here. It's very easy to score yourself points if you don't fully understand the criteria that's involved.

You now have 1 month to request the Tribunal and you'll need to fill out the SSCS1 form and make sure you send a copy of the MR decision letter with it, otherwise your appeal will be refused.

I'd also advise having a read of this link because it will give you more understanding of the PIP descriptors and the criteria.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

DuffersMum

Already Applied online for the appeal, I can give them a copy of the MR as the DWP sent 2 in the same envelope ..they have to consider kerbs...kerbs are a step and I personally don’t see many flat, even surfaces outside..every pathway is uneven, loose uneven paving slabs, but in their fantasy world everything is perfect and flat...and I’m still trying to work out how all these people get Motability cars when according to the DWP if you can drive you can walk? It’s all just a ploy to avoid giving people enhanced mobility...

poppy123456

The reason that 2 letters are received for the MR decision is because one needs to be sent to HMCTS.

I did advise that kerbs are taken into consideration, if you have another read of my comment. Unfortunately, uneven paths and loose paving slabs and steps/stairs are not taken into consideration.

Lots of people claim Enhanced mobility and drive, myself included and it's never gone against me. One bad thing about internet forums is you only ever read the bad stories, very rarely the good ones but lots of people successfully claim PIP without any problems at all.

Have you read the link i posted above?

DuffersMum

But they seem to have made a specific point about driving which has really annoyed me as that’s the only thing they could mark me down on, appealing is really a waste of time but I’m doing it as a matter of principle...they can’t mark one person down because they drive and not anybody else, that’s extremely unfair and needs looking at because nowhere in the assessors guides does it mention driving ??‍♀️

DuffersMum

I have already read that document from start to finish but thanks anyway ?

poppy123456

You need to forget about the report and everything else because that's all in the past. Now you need to concentrate on why you think you should have scored those points and your reasons why and then add 2-3 real life examples of what happened the last time you attempted that activity. This is what the Tribunal will be interested in and not anything else.

Why do you think the Tribunal is a waste of time?

If you read the link carefully, you will see that uneven surfaces and hills are not taken into consideration.

DuffersMum

I did all that for the MR and they ignored it all, they merely retyped what was in the original decision letter so no reason to think an appeal will do anything different...I can drive so I can walk, doesn’t matter that I’m in agony, doesn’t matter that my knee replacement has not been as successful as I would have hoped, they said my surgeon said it could improve, but totally ignored the fact that he also said there is a strong chance it won’t and I will have to put up with the swelling and pain until I have another one done...doesn’t matter that the assessor only saw me walk 15m, that means I can’t walk up to 50m...doesn’t matter than when I’ve walked to the kitchen using a stick and holding onto furniture as I go that I couldn’t repeat it..all that matters is that I can drive so I can walk and I can’t see how I can prove the pain I am in, it’s impossible to do, I can see why people give up, but of course that’s what the DWP want people to do, makes it nice and easy for them..

DuffersMum

And yes I know it says uneven surfaces are not included but you show me a nice flat pavement.....certainly none where I live

poppy123456

It's not unusual for the MR to be a copy and paste of the original decision and only 15% of decisions change at that stage.

Your understanding of the PIP descriptors isn't great, sorry. Walking around your home holding onto furniture isn't counted because it's inside. They only consider walking outside.

I would imagine that most pavements are uneven, i know mine are where i live and where i previously lived it was the same.

Are you getting help with the Tribunal from an agency near you? If not then i'd advise you to see what's available in your area.

https://advicelocal.uk/

DuffersMum

I know walking around the house isn’t counted because it’s inside, but it counts against you as they have clearly stated in the decision that I can, allegedly, manage this but nothing about the aids I use to make it a little bit easier...I can apparently walk into the post office, I never mentioned the post office as I go there once a year, if that....but hey ho, it means I can walk up to 50m..and the best one, after the driving is that the tests the nurse carried out has put my range of movement etc exactly the same for both knees and hips...whereas in reality my right hip is far worse than my left one and my left knee is far worse than my right knee...but no identical apparently...

Thanks for your help but I will doing it by myself, I’m not expecting them to overturn the decision but nothing to lose by giving it a go, however nobody can explain why driving a car for me means standard mobility yet for others it means enhanced....and how can you explain pain other than it hurts.??‍♀️

My right hip has become far more painful since my assessment so I will be asking my GP to refer me now to see the consultant and can discuss my ongoing knee problem at the same time, once that’s done I will, if appropriate, put in a change of circumstances.

poppy123456

Before putting in a change of circumstances you really should get some expert face to face advice because you've requested the Tribunal for your current decision. Any decision made on the change of circumstances will overrule the Tribunal decision.

DuffersMum

I didn’t word it well. I wouldn’t put in for change of circs (if there are any) until after any tribunal..I know tribunals are taking an age, seeing my consultant will probably take an age too sadly but such is life...

perhaps you can point me in direction of advising DVLA because my DLA has now ended and I’m not entitled to free car tax now (half price instead I believe) but not sure how I go about changing it, knowing how you can’t get to speak to people at DVLA anymore? My husband does get enhanced mobility (currently waiting on next assessment as his award runs out in April) so I guess I could get is switched over to him but again no idea how I do this as the car is in my name? Any suggestions?

cristobal

@duffersmum - I had to do it at the Post Office since it was the first time; I believe that you can do it on-line subsequently...

It does say that the vehicle should be registered in your name - mine wasn't IIRC but otherwise you can fairly easily register the car in your husband's name so that he can claim...

Good luck

poppy123456

If the car is registered in your name and you're the main driver then using your husbands award for the free road tax will mean that you will only be able to use the car for his purpose, you will not be able to use the car for your purpose.

To tax the car you will need to change the disabled tax class on the V5C. Normally this can be done at a post office BUT because you're entitled to the 50% reduction then you can't do this at any post office, you can only do it by sending all your documents to DVLA. My advice is to send all the documents to DVLA and the taxation class on the V5C will be changed at the same time. As you haven't yet done this then you will most likely owe some money to DVLA.

This links tells you what you need to send DVLA for the 50% reduction. https://www.disabledmotoring.org/motoring/road-tax-50-reduction

Just so that you know, yes you can ring DVLA customer services, i'm not sure why you thought you can't. Number is 0300 790 6801.

DuffersMum

Thank you, will get onto it..my DLA only stopped last week, I’ve yet to get my first PIP payment