Decision Received..DLA to PIP

DuffersMum · October 2019

Rang the DWP just now to find out my decision and as I thought they have awarded standard rate care and standard rate mobility (down from standard rate care and enhanced mobility on DLA). Must admit to being rather upset that marked me down because I can drive a car which, according to the assessor, means I can walk up to 50m. The upside is they have awarded until March 2022 and not the 18 months the assessor recommended.

i am going to do a Mandatory Reconsideration and know I have to emphasise on the sections where I believe they are wrong, which in my case is the Moving Around section

what can I send them apart from the NHS guidelines on when you can drive after a knee replacement? I wanted to send photographs of where my car is parked on the driveway but understand that photos don’t scan very well, also the assessor stated she saw me walk 15m into the assessment room (which I did, aided and had to stop and I was in pain) however she didn’t see me walk any further.

any advice on how to help my cause would be much appreciated.

poppy123456 · October 2019

Hi,

Sending NHS guidelines printed from the internet is not classed as evidence and will not help your claim at MR or Tribunal stage. What you need is evidence to say how your conditions affect you and how far you're able to walk without pain and discomfort.

Do be aware that they will look at the whole award again and not just part of it. Most MR decisions remain the same but there is a chance you could lose what you already have or of course be awarded a higher rate. Most people have to take it to Tribunal, backlogs are huge in most areas and some are waiting as long as 1 year for a hearing date.

As you were claiming DLA high rate mobility if you do have a mobility vehicle then motability will be in contact with you to explain what happens next. If you don't have a car and you're claiming the free road tax for your vehicle then you won't be entilted to this and will need to contact DVLA. You will be entitled to 50% discount for your road tax.

DuffersMum · October 2019

I told the assessor all that and she ignored it, she ignored my medical records and made up how far I can walk because she didn’t assess me any further than 15m, she said the strength in my left leg is the same as my right, when it’s not having more recently had a knee replacement with the left leg...she said I carried bag, bottle of water, glasses and paperwork whereas my husband carried all that bar the paperwork.....her report is totally inaccurate but I can’t prove any of it so I’m shafted... I never fell for the mobility car scheme, we own our car, husband gets enhanced mobility PIP does that count towards road tax if car is in my name? He doesn’t drive. How can you describe pain? ? I told her I’m in pain even when sitting down, let alone walking.

poppy123456 · October 2019

You're right, you can't prove what did or didn't happen during the assessment. Mentioning any of that for the MR/Tribunal won't help your claim.

As you had a knee replacement it could be that they are thinking that surgery is usually done to improve issues. Do you have letters from Consultants regarding this? If so then send those, if you haven't done so already.

If it gets to Tribunal and most do then they are totally independent to DWP and the health assessment providers. Appearing in person will give you the best chance of a decision in your favour.

For the road tax, if you were claiming this in your name from your DLA award then you will need to contact DVLA and claim it through your husbands PIP mobility award. As it's his claim then claiming the road tax you will only be able to use the car for his purposes but he doesn't have to be with you for every journey. As long as the journey is for him, that will be fine.

DuffersMum · October 2019

Thanks for the advice on road tax, I will contact them next month once the award kicks in, husband rang today as well re change of circumstances and they told him it’s too late because his review forms have already been posted ? so now need to go through it all again with him!

I have had 2 knee replacements and this is what her report seems to focus on rather than the oesteoarthritis which has since been diagnosed in both my hips and my back, the only time she mentioned the hip problems was to say that my consultant has said they may continue to improve...whereas that statement was from my consultant regarding my knees as I’ve had problems with both but especially the left knee since my replacement operation, consultant said it may improve over time but it could always remain as it is now or get worse and usually if it’s going to improve it’s within 2 years (next Feb). She focused on my being able to drive and I’ve read a few reports of people having a similar outcome when they mention they can drive.

chiarieds · October 2019

Hi @DuffersMum It's difficult to describe pain, but you might say where exactly the pain is when you're walking, & try to describe the nature of the pain; is it a dull ache or a lancinating pain that stops you in your tracks, for example. Also refer to anything in your medical records that might back this up. I for example said see page 2; paragraph x in my GP's letter where he described my mobility problems in detail. So do refer to anything in your medical notes that would help with 'Moving around.' Do you have problems walking all of the time? Does it vary, with good & bad days, etc.? These might be useful to mention.

As you seem to know, you also have to be able to do any of the descriptors 'reliably,' so as well as pain you might describe your gait if this is different, whether in this case, because of your problems, you tend to walk more slowly, & if you could repeat the same amount of walking 'repeatedly' such that you could walk the same distance again when you next wished to do so.

Mention the walking aid you use (& that you experience pain despite the use of it), otherwise the Decision Maker might feel use of an appropriate aid might mean you would be able to walk further &/or with lessened pain.

Anyway the following link may be helpful; see section 2.2 which is about Reliability, & section 2.4 on Mobility scrolling down to the 'Moving Around' section.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

DuffersMum · October 2019

Thank you both, most helpful..I’ve drafted my letter and will add a few of the pointers. I will update when I get a response.

Decision Received..DLA to PIP

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