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Mobility Descriptor 11 e/f

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Comments

  • cat170685
    cat170685 Community member Posts: 11 Listener
    When I asked them to look at my case again I do so advising them that I was requesting it based on the fact of the law change. So I'm surprised that they actually reviewed my entire PIP again and made their decision based on that. Im going to send in another MR with extra supporting evidence and hopefully they will consider it. 

    Thanks 
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    When requesting the MR they will always look at the whole award again and not just part of it.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    @cat170685 I only got a 2nd MR because they'd offered to look again after the first one. I also booked a call back from a Decision Maker and again the agreement was made. I didn't just send another MR so I hope you aren't disappointed if they refuse to accept any more evidence and just tell you to apply for Tribunal. I don't want you doing a lot of work because of what happened to me. 
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    I would advise you to ring DWP to ask to speak to a case manager first, rather than just send in another MR request letter. I agree with @wildlife they may refuse if you do it the letter way.

    If you can't speak to a case manager straight away then you can request a call back.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • sparkle22
    sparkle22 Community member Posts: 31 Connected
    I would ring as Poppy suggested and also ask why you have had your whole claim looked into, had another face to face and lost part of your daily living (initially) when you ONLY wanted the mobility looking at based on the change of law. I know its a bit late now, but it wouldn't do any harm to point this out to them, and that may help you to get them to look at your decision again. 

    Also wasnt 11E already considered for OPD? so if that is the descriptor they have now chosen, why didnt they give you that descriptor in the first place. I would try and argue that by not choosing that descriptor previously, when it was actually one of the few they could pick, they themselves ruled it out. But get professional advice on that.




  • cat170685
    cat170685 Community member Posts: 11 Listener
    ilovecats said:
    sparkle22 said:
    I would ring as Poppy suggested and also ask why you have had your whole claim looked into, had another face to face and lost part of your daily living (initially) when you ONLY wanted the mobility looking at based on the change of law. I know its a bit late now, but it wouldn't do any harm to point this out to them, and that may help you to get them to look at your decision again. 

    Also wasnt 11E already considered for OPD? so if that is the descriptor they have now chosen, why didnt they give you that descriptor in the first place. I would try and argue that by not choosing that descriptor previously, when it was actually one of the few they could pick, they themselves ruled it out. But get professional advice on that.




    I believe the OP was awarded 11E but wants 11F. 

    Its been explained many times why F would not apply.
    Yes I was awarded 11E - but this was after the initial request to review my case under the law change. Therefore I do agree with sparkle in regards to stating that I should’ve been entitled to 11E from the outset but also as previously stated I’m disagreeing with not been awarded the 11F due to the timing of the f2f Assment when my mood was extremely low. But I do try and leave the house at lease once a day when I’m not in a low mood. 


  • sparkle22
    sparkle22 Community member Posts: 31 Connected
    When requesting the MR they will always look at the whole award again and not just part of it.
    I just wanted to comment on this, there are exceptions to this, if you ask for a review and specifically state that it is ONLY the mobility you want looking at due to the change in law, then they will only look at mobility. Then if it goes to MR then they again will only look at mobility and cannot reduce your money eg if you get lower mobility and are trying for higher, you cannot lose the lower mobility. They cannot touch the daily living part of the claim. 

  • sparkle22
    sparkle22 Community member Posts: 31 Connected
    cat170685 said:
    ilovecats said:
    sparkle22 said:
    I would ring as Poppy suggested and also ask why you have had your whole claim looked into, had another face to face and lost part of your daily living (initially) when you ONLY wanted the mobility looking at based on the change of law. I know its a bit late now, but it wouldn't do any harm to point this out to them, and that may help you to get them to look at your decision again. 

    Also wasnt 11E already considered for OPD? so if that is the descriptor they have now chosen, why didnt they give you that descriptor in the first place. I would try and argue that by not choosing that descriptor previously, when it was actually one of the few they could pick, they themselves ruled it out. But get professional advice on that.




    I believe the OP was awarded 11E but wants 11F. 

    Its been explained many times why F would not apply.
    Yes I was awarded 11E - but this was after the initial request to review my case under the law change. Therefore I do agree with sparkle in regards to stating that I should’ve been entitled to 11E from the outset but also as previously stated I’m disagreeing with not been awarded the 11F due to the timing of the f2f Assment when my mood was extremely low. But I do try and leave the house at lease once a day when I’m not in a low mood. 


    Ilovecats, The point I was making is that 11E actually means the person has a LOWER level of functioning than 11F, they dont leave the house on the majority of days due to OPD. 11F they do leave the house accompanied on the majority of days. The only reason 11E is paid lower mobility is because the DWP say that someone who rarely goes out, has lower expenses than someone who needs to be accompanied the majority of the time (which is true).

    Around the time of Cats assessment in dec 2016 there were only a few descriptors available to assessors when dealing with a claimant with OPD, one was no points can go out unaided, one was 4 points for prompting and the other was 11E unable to go out due to OPD.  They either gave cat 0 or 4 points (I'm not sure as she hasnt stated exactly which points she received). But they DIDNT give her 11E which WAS available. Remember this isnt a new review, this a legal revision based on the fact that the other descriptors being taken off the table was illegal. So if she wasn't 11E in Dec 2006, when they assessed her, which is the most severely affected and a descriptor fully available for them to choose, how can they get away with saying in hindsight they are deciding she was, even though she is saying she wasnt.


  • AndyDurham
    AndyDurham Community member Posts: 16 Connected
    I'm going through it right now with DWP and ATOS.  There is no argument about my ability to stand and walk aided or unaided 50 meters but no more then 200 meters though I'd argue the 50 meters on really bad days.  But because I drive short distances 5 days a week I dont qualify!!!  The shops are 400 meters away, the school for my kids is 1,000 meters away. I cannot get to them without driving and because driving causes me less pain then walking I get penalised.

    I'm a single father of 2. Am I not supposed to see my own family and to try and be a father as best as I can to my children?

    DWP have really annoyed me denied me in the first place which let's face it everyone does.  Ignored all added information on my mandatory request, ignored my request for a copy of the assessors report, made medical judgments saying that my upper body and spin is fine. Well in actual fact if they checked my medical records they'd see I've had DDD since 2004.  My lower spin or lumber was never assessed or they'd have seen that Its not as flexible as they make out.  I was also not given any psychological or cognitive testing which they claimed.  Furthermore he passed a comment saying that I'm on moderate medication.... er no I'm on the maximum dose for neurological pain how can that be moderate?

    I'm no waiting my tribunal date 

    But to be honest I dont blame Atos or DWP ....  I blame the conservatives 
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
    Hi @AndyDurham, and a warm welcome to the community! 

    Thanks for sharing this with us, and I'm truly sorry to hear about your experiences. I know how frustrating it can be to feel that you're not being heard. I hope you find comfort in being among others who understand, and fingers crossed for a successful tribunal as soon as possible. Please do keep us updated!
  • AndyDurham
    AndyDurham Community member Posts: 16 Connected
    Thank you Pippa I promise to keep you all informed my tribunal complaint is to the point and calling out the gentleman from the DWP for his comments.  Namely arguing that he's formulated his opinion without any consideration to the claimant and by his statements alone has demonstrated that he is acting without any skill or care.  It's an oldish tactic that seemed to fit my complaint, so I used it. I'm interested to find out if the direct confrontation has any effect on the DWP and there silly statements aimed at belittling the claimant.

    DWP scored me as a 6. I also went online and completed an online test using there guidelines.  My score was 15 and 8. Copied that into the letter to the tribunal and then wrote an explanation for each point.

    Took me two days to write a 4 page document but worth it I think lol 
  • keira
    keira Community member Posts: 133 Courageous
    ilovecats said:
    keira said:
    If a person goes out 4-5 days a week (always accompanied due to OPD) but this is only for a short local walk or being driven to a family members home would this meet the criteria for 11F?
    Yes as long as you can prove you fit the OPD descriptor
    Thanks for the reply but I'm still a bit confused. Does the descriptor mean that a person has to experience severe panic attacks etc when they go out and need someone with them to help them calm down or have I got this wrong?
  • keira
    keira Community member Posts: 133 Courageous
    @ilovecats Could you possibly help with my last query? Thanks.
  • keira
    keira Community member Posts: 133 Courageous
    Thanks, so it means really crippling anxiety that takes over everything.

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