High rate mobility reduce to standard

ansy1955

Hi at my switch from DLA to pip the DWP reduced me to standard rate mobility 10 points so I appealed via mandatory reconsideration. They refused to put me back on high rate saying that in my assessment I stated I could walk for three minutes suggesting I can walk more than 20 meters and less than 50. they said that at a slow pace an average person can wal 40 meters per minute.  They said due to pain I only needed to stop after 3 minutes. I have chronic sciatica so I’m in constant pain as soon as I awake and before I even put my feet to the ground.  At my assessment the ascensor acknowledged that as I was in pain she would not examine me however her report said I was pain free. I also cried my way through the assessment due to poor mental health from 30 years of pain and my partner had to help me. However the report said I was calm. 

I have read some horror stories about the tribunal appeals and am afraid to go to this with the risk of loosing everything. I’m currently off work as a nurse I can only work 12 hours per week anyway non physical work and have had another spinal procedure and my mental health is not good and may not be able to continue work at the age of 58. I’ve battled for 30 years to continue work paid for loads of courses so that I could train for work without physical skills at huge cost to myself and now I feel completely abused by the system. My condition is due to NHS work and an accident at work and no one will accept what I need. I will loose my Motability car and can’t get to work, so maybe I should just throw the Towell in. It is hopeless trying to fight the DWP 

Adrian_Scope

Hello @ansy1955. I'm really sorry to read that your mandatory reconsideration didn't change the decision at all. It's worth noting that the success rate at mandatory reconsideration is incredibly low so this isn't too uncommon. On the contrary, the success rate at tribunal is very high (currently around 76%) so if you don't agree with their decision it is worth looking into a tribunal. 

Have you read over the descriptors for mobility and identified where you think you should have been awarded more points?

janer1967

Hi @ansy1955 I am sorry to hear about your PIP battle, and agree with Adrian tribunal success rates are higher than MR so it is worth considering.

As suggested look at the descriptors as DLA and PIP are not the same and score differently.

An appeal will take time with some waiting over 12 months to get to tribunal so co0nsider if the wait is worth it for you as you do already have an award and an appeal will also put your current award at risk as the whole award will be rviewed and you could get less