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DLA to PIP

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thorpy666
thorpy666 Community member Posts: 2 Listener
edited February 2018 in PIP, DLA, and AA
Hiya my partner has just switched from dla to pip previously she had middle care and high mobility awarded to her now she has had all the mobility taken away.she suffers with fibromyalgia,M.E,and is being seen about her having M.S she has also had a neck fusion which caused serious myopathy 
The assessor has blatantly lied in her report saying my partner could walk n stand ok by judging her taking a max of seven steps to our door I had to go out and left the door unlocked with a note on the door saying open the door and say who you are she ignored this and continued to knock leaving my partner no choice but to get to the door i returned 5 mins later and my partner was in such pain n discomfort i had to give her her pain medication early i did this and guided a drink to my partners mouth in a bright orange beaker the assessor has said she did this herself and with a glass
During discussions my partner became so upset and distressed as she has depression anxiety as well as physical illnesses whilst speaking about how her illness affects her and her mood and the assessor stopped the conversation to avoid further distress but in her report she has stated my partner was fine communicated fine and didn't suffer any anxiety distress or upset
Also about mobility we told them my partner only ever goes out to my sister who lives over the road from us a max of 25 meters pip agrees with this and said can walk 50 m no more than 200m we stated this trip can take 4 to 5 mins in most occasions as my partner has to stop to get her breath back and gets tired so easy but they have took this as she can walk for 4 to 5 mins how is this possible when they agreed with the 1st part

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  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
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    Hi @thorpy666, and welcome!

    So sorry to hear about what you and your wife have experienced, it must have been so frustrating to read that back. You mention that you've had the report, have you also had the PIP decision back already or are you still waiting for it?
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  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
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    @thorpy666

    Are you going to ask for a mandatory reconsideration?
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  • thorpy666
    thorpy666 Community member Posts: 2 Listener
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    We have asked for MR and awaiting a full report to be sent out we r fighting this all the way but any advice would be hugely appreciated
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  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
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    Questions about walking distances and walking times can be tricky.    Assessors and Tribunals ask for how long can you walk without relating it to distance.  Walking time should always be related to walking distance, so tell them it takes x time to walk y distance.  Distance is the more important - see table below.

    20m = 30 seconds (in the opinion of the DWP) though 20m might take some people longer.

    You can walk 20m, stop and rest for a few minutes, then repeat 20m, stop and rest, and so on - and still qualify for enhanced mobility.  I don't think there's any specified limit to the number of 20m journeys you can make, as long as you have to stop and rest for a few minutes in between each one.  Each successive 20m probably would take a bit longer each time.

    4 or 5 minutes' walking would qualify if on a really bad day it took you that time to cover 20m, creeping along, stopping more than actual walking.  Or alternatively if the 4 or 5 minutes included two or three 20m journeys with stops of a few minutes in between.

    It is of course much easier to walk indoors than outdoors.  The DWP's own PIP Handbook states that walking should be measured outdoors using pavements and kerbs.

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/519119/personal-independence-payment-handbook.pdf

    I had a bit of a tussle with the Tribunal doc who kept asking for how long could  I walk, not relating it to distance, and I asked back did he mean how long to walk a certain distance?  In the end he asked for how long could I walk around a shop and I said 10 minutes, stopping and starting, before I needed a long rest.  He seemed happy with that answer.  I was awarded enhanced mobility by the Tribunal.

    For mobility element:

    0 to 20m aided = 12 points (enhanced)

    20m to 50m aided = 10 points (standard)

    20m to 50m unaided = 8 points (standard)

    Disability Rights UK site has a free guide to all stages of PIP including appeals and their Handbook is useful, price £15 from their site - informative section on Appeal Hearings.

    PIP assessors are notorious for lying and Tribunals know this so often they don't give much credence to assessors' reports.  Tribunals ask their own questions and make up their own minds.  Tribunals are impartial.  If you have to appeal to a Tribunal point out the assessors's lies, why they are lies and what the truth is.  State how your disabilities meet the relevant PIP descriptors.

    Send in a 7 day diary if you have to appeal.  However, this must be for any 7 days up to a few weeks before your assessment as Tribunals can only consider your disabilities as they were at the time of assessment.  Disability Rights site has a draft diary you can adapt.  List all the aids you use and put these in your appeal submission as well.



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  • spamme
    spamme Community member Posts: 3 Listener
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    Hi I'm a disabled lady and been on DLA for over 25+,years, 5years ago I got high rate and mobility car, until June last year they stopped it all, only get £210 a month now,, I had an appeal meeting in November,december it was totally horrible Dr asked US a question, judge told hubby be quiet or you'll go outside, asked me about my mobility From July last year till now, turned around he said Im Not on about your illness now but from last july, not now my medical condition now me how I got to meeting, n said since you walked YOU DON'T get it full stop, he was a county court judge arrogant, snobby,Lady asked me personnel questions, told her he then said to me what's a pad was,she told him, s,t, we came out me ended up crying never felt so low,,I have crumbling spine,curving to the left, coxxademer?? Fibromelgina, raynards arthritis,angina, to man to list,??? Spelling ****,,Should I Appeal Again, stating my problem now?,,,
    Thank you all for help with  appeal letter,,,
    Thank You so much for reading this,,xxx
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  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
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    @spamme

    Sorry to hear your story and welcome to the site.  The only way you would be able to continue your appeal would be to appeal to an upper tier tribunal for which you would need to identify an error of law made by the judge at your first tier tribunal.  You would need a specialist to identify an error of law, such as CAB, Welfare Rights, etc.  Scope Helpline might be able to tell you about advice organisations in your local area.

    Good luck  :)
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