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Mandatory Reconsderation No Change

Harleyqueen

My partner was on DLA For many years with an award for high Mobility which was used for a Mobility car (partner does not drive ) No Care Award

Transferred to PIP and was awarded Standard Care and Standard Mobility
I did the MR hoping to get the award changed to Enhanced so the car could be kept,
I focused on the Moving Around and Mobility questions where I thought points would be gained, I gave examples and explained the problems my partner has during and after the activities and the effects on my partners health.
I thought I had made a good case but apparently not as the result was no change.

i called the DWP as none of the points I made in the MR were mentioned in the Decision Statement and said I think we supplied enough information for a higher Mobility award only to be told
There is now a Care Award that was not in the DLA award use that to buy a car
I was quite surprised at that statement.

So now It's on to an Appeal and the thought of an Appeal is stressing me out,
I have tried to read up on the appeal process but find it daunting and hard to understand
It says once the appeal is lodged we will receive the DWP evidence what is that likely to be ?
Is it their justification of the award they made ?
I feel we need representation for an Appeal are Citizens Advice able to offer this does any one know ?also is it better to do the Appeal request on line or paper.
Any advice or guidance appreciated

regards HarleyQueen

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Comments

Lulu_1949

@Harleyqueen, I was worried stupid about my sons appeal because he has trouble walking and I thought but they can’t see him because it was a telephone appeal but they did ask loads of questions, he got standard so you need to really press on the difficulties because I felt that is where we dipped out and he just got standard, 10 points so 2 short. Was hoping he could get a mobility car. Will have to wait till 2022 Cos I daren’t argue it incase he loses it.

Harleyqueen

Hi Lulu 1949
Sorry to hear your son did not get the Enhanced Award
May I ask did you do the Appeal yourself or did you get help ?
Also may I ask what the original Mobility award was ?

Regards

HarleyQueen

lulu1949

Hi @Harleyqueen, hi luvvy, I acted as his Appointee so I had to fill forms in so that they would accept me as a, Appointee to talk on his behalf. It was the first time he applied, we went to the assessment and was turned down both both daily living and mobility, turned down at mandatory decision so went to appeal . I did all the paperwork and then the appeal was last week. They spoke mostly to my son. I asked at the beginning whether I should do the talking they said they would rather speak to him and it didn’t matter if he struggled and they would speak to me at the end. As I said before I thought the fact that he had 27 operations on his foot that the medical records would help but it’s like all the advise you will get on here., it’s what you can’t do that’s important and why. That I think was a problem because they could not see him trying to walk but they did give him 10 points so he did well. I then spoke at the end. X

Harleyqueen

@lulu1949
I really did focus on how the two activities affected my partner but feel they were ignored.
I know DLA and PIP have totally different criteria and thought i had explained my partners difficulties but the DWP chose to disregard what we had written

I will try and get representation

HarleyQueen

lulu1949

@Harleyqueen, same here but the appeal did listen, I really hope you do well and get what you feel is fair x

Harleyqueen

Username_removed said:

@Harleyqueen have a look at https://advicelocal.uk/ for representation.

To answer your earlier question the appeal bundle includes all the forms and decisions on claim so far so nothing you won’t have seen. The only new thing will be a submission from DWP but that’s largely template based. It makes out their case but,
like the HCP report, it shouldn’t be the starting point for you.

@m@Username_removed

I followed your advice and link and have have found a Welfare Rights Worker who can help with the appeal
I have been advised to ask the GP for a supporting letter
Would written statements from family members who provide care be accepted
kind regards

Harleyqueen

Harleyqueen

@Username_removed

Thank you, I will gather as much evidence as I can

kind regards

Harleyqueen