PIP, DLA and AA
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PIP - MR - Mobility

JaneyAnneJaneyAnne Member Posts: 4 Listener
Hi, I'm new here, I'm a PA for a lady who has MS. Last year we had to complete the DLA to PIP process.  Pleased that on the basis of what we submitted, without a face to face assessment, she was awarded the enhanced rate for care. However, a major problem is that she has not been awarded enhanced mobility rate (which she had on DLA) - she has been awarded 0 for 'planning and following a journey' but 10 for 'moving around'.  The lack of 2 points means she will lose her Motability vehicle which is her lifeline.  I am working with her on MR - we have contacted DWP by phone and I am now getting information onto paper. I would welcome any assistance!

On the original application we put that she cannot carry out an unfamiliar journey without assistance (she has cognitive problems) and I described how we need to arrange rail assistance including the use of a station chair.  For familiar journeys, she can drive herself short distances in her Motability vehicle but needs a SatNav - she also must have an electronic handbrake as she has a left handed weakness. 

In the comments on the decision the assessor has disregarded our comments about having difficulty and planning journeys as the GP and I mentioned she can drive and access the community. They do not consider using the satnav as an aid.  The main issue is that she can only access the community by car because she has a Motability vehicle.  Without this, she would lose her independence.  She cannot afford to purchase her own vehicle with an electronic handbrake. Is there any point stating that this is the case and describing how difficult it was for her to plan and get to places when she did not have her car (DVLA suspended her licence for a while)? She has to use a motorised scooter / wheelchair if she has no car.

Her other PA and I are going to write letters giving specific information about how we have to assist her to go about journeys - often she has fatigue so although she could physically drive herself (e.g. to go shopping) we drive her. If she drove, she would have no energy to shop. Does that count as 'following a journey'? We help her in all aspects of planning journeys that are not her regular jaunts, and have to write notes for her to make sure she gets to where she needs to be.  Despite this, she sometimes doesn't make it as she forgets. I have taken note of others comments that we must state how her disability restricts her ability to carry out the specific activities.

Apologies for the length of my first post but, as you can imagine, she is really low about this decision.

Many thanks
Janey Anne

Replies

  • lindadeniselindadenise Member Posts: 302 Pioneering
    I went to Appeal and went from 4 points to 12 points for mobility. I also got Enchanced care, its stressful going through the MR and Appeal process. Put what you feel has been overlooked and why.
    Goodluck.
  • pixie61pixie61 Member Posts: 67 Courageous
    Hi, this is exactly what happened to me. DLA enhanced rate for both for 11 years. Transfer to pip, I only got awarded standard for care nothing for mobility. I did an MR & complained about the assessor & the report. Because of that I suddenly was awarded enhanced care & 10 for mobility. I had to take my car back today! The reason I as not awarded enhanced on mobility was because I drive to  local shops, they say I can plan a journey, even though I said I couldn’t!!! So it’s now Tribunal for me. Don’t give up, if an MR is denied, Go to Tribunal. Xx
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Being able to drive a car could go against her here. I realise that she had her license suspended for a while but she has it back now. They could say that how can she have cognitive issues if she's able to drive a car because it takes a lot of concentration and memory to be able to do this. Using a sat nav will not score her any points for following and planning a journey. Lots of people use a sat nav when traveling.

    Needing assistance and the use of a chair when traveling by rail sounds more like it's because of a physical condition. Needing to use an electric handbrake will not score her any points in either of the mobility descriptors.

    Needing the use of a car because she'll housebound and can't afford to buy one herself is not something they will take into consideration.

    I don't think you're completely understanding the following and planning a journey descriptor. See this link, it will explain it in a little more detail.

    I urge you to get some face to face advice before requesting the MR because they will look at the whole award again and no one here can tell you if there's any risk to her current award. Good luck.


    Community champion and 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.
  • JaneyAnneJaneyAnne Member Posts: 4 Listener
    Thank you so much for your helpful replies. 
  • pixie61pixie61 Member Posts: 67 Courageous
    What I don’t understand, it’s probably me being dense. How do you qualify for a mobility car. If you drive a little bit, then you can’t get one cos you can apparently plan & follow a journey. But if you can’t do that, then you’re not safe enough to drive. Just can’t make sense of it all 
  • YadnadYadnad Member [under moderation] Posts: 2,856 Disability Gamechanger
    The moving about section deals only with being able to mobilise. 
    The simple fact is that if the claimant cannot reliably walk more than 20 metres then she should be awarded 12 points. Those 12 points will give her the right to a Motability car
    That is what she should be looking at in proving.
    The planning section has absolutely nothing to do with a Motability car.
     
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Enhanced mobility will allow you to have the car, whether you score the points in one or both mobility descriptors. If you have mobility issues then you won't score points in following and planning a journey.
    Community champion and 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.
  • pixie61pixie61 Member Posts: 67 Courageous
    Thank you both for your reply xx
  • streestree Member Posts: 41 Courageous
    The only part of the mobility questions that applied to me was the distance walkng ability, which is under 20 mtrs. That gets 12 points so enhanced mobility award.
  • MisscleoMisscleo Member Posts: 646 Pioneering
    Many thanks to all of you for making things clearer 
  • JaneyAnneJaneyAnne Member Posts: 4 Listener
    Thank you all - she has been classed as being able to walk between 20 and 50meters which is where the 10 points comes from. MS, like a lot of other conditions, is very variable and this was stressed. I'm guessing not enough emphasis was placed on the 'worst case scenario' and maybe we should be looking at that, and how the walking distance of 50m is not something that can be done repeatedly, safely, reliably to an acceptable standard and in good time (the wording from the Scope video on MR). I am guessing this is very much like Pixie, who can also drive locally. My employer knows her limitations so doesn't drive when she isn't safe to do so.

    The concensus from your contributions seems to be that it's either 12 points from one section or the other. Has anyone had points awarded in both?

    She does have anxiety and depression, and this, combined with the fatigue from MS which affects concentration makes her reliant on others to plan and take her to places. I work out how she is going to get from A to B by different means for anything that is not in her weekly routine. From your responses it seems that this may not be relevant and we may have to concentrate on the mobility issue. 

    I have spoken to a CAB advisor as suggested by Poppy, and thankful that there was advice over the phone available. 

    I appreciate all your input.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited January 2019
    You can score points in both mobility descriptors to get the Enhanced mobility. What they will argue with is she claims she has cognitive issues, yet she's able to drive a car. She may have problems convincing them that she has these issues when she's capable of being in control of her car.

    It's most certainly not about the worst case scenario, it's about how you are 50% of the time over a 12 month period. If you tell them your worst day, when it comes to the Tribunal and you're having one of your better days they will see straight through this.

    Yes it's about being able to do things repeatedly, safely, reliably to an acceptable standard. As she has mobility issues then to score 12 points in this descriptor it's 20 metres or less. Is she able to walk this distance without pain and discomfort? When she walks this distance, would she be able to walk it again later that day? When she walks this distance what happens once she walks it? Does she experience pain, breathlessness? all these sort of things they will look at.

    I still think you're completely misunderstanding the descriptors and their meanings. Have you taken a look at the link i posted above?

    My advice is to get some help with this. When requesting the MR they look at the whole award again and not just part of it. No one on an internet forum can tell you if there's any risks to her current award because no one knows exactly how her conditions affect her ability to carry out the activities based on the PIP descriptors.

    Did CAB actually advise you that you can't score points in both mobility descriptors to get the enhanced mobility? :o
    Community champion and 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.
  • JaneyAnneJaneyAnne Member Posts: 4 Listener
    Thanks for this, no the CAB didn't say that, it's what I was picking up from some of the other posts. Yes, I looked at the link and have also seen the information previously. Thanks for the reminder about the whole thing being looked at again, she's aware of the risks of that. 

    The paragraph you've put with the specific questions is a great help, thank you! 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No problem. I do understand she has depression and anxiety but your examples for why she can't follow and plan a journey will not score her any points. Even a Tribunal could bring up her cognitive issues and the fact that she's still driving.
    Community champion and 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.
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