No mobility - but can hardly walk
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robqpr1961
Community member Posts: 3 Listener
This discussion was created from comments split from: Introducing The Benefits Training Co.-Experts in disability benefits, tax credits and other benefits.
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Hi my name is Robert I am enquiring about my claim for pips I have only received the standard rate of care but not anything for mobility which is baffling to me.as I can hardly walk with my crutches but they say I can walk more than 50Metres I have had a reconsideration reply after 6weeks and have not changed their decision but I cannot walk more than just around the house and use a mobility scooter when I go out I am wondering whether it is worth appealing this decision.
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Hi Robert
It is worth appealing, as over 60% of PIP appellants win! - but it's a good idea to check that your existing award is fairly safe first - check the descriptor points you were awarded by looking on one of the sites like scope or benefitsandwork and checking what you already have.
If you live on your own (or only with another adult who also has the daily living component of PIP) and no-one gets Carers Allowance for looking after you, you can apply for a severe disability premium, making the PIP daily living award a whole lot more valuable (the premium is £61.85 per week).
Regarding the mobility component, the DWP should take into account how far you can walk for the majority of the time - the regulations say 50% of the time, and should not say you can do something, unless you can do it safely, repeatedly, in a reasonable time scale and to an acceptable standard. If you can offer medical evidence, then that might help, though many doctors now say that they haven't time to write letters.
The DWP should apply the same criteria to the daily living descriptors too by the way.
Do post again if you need further information.
Best wishes
Gill (Scope Helpline)
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Hi Robert,
Just to say that I completely agree with Gill's advice! So do appeal. Get help if you can with the submission (the papers you send for the tribunal to look at) and with representation at the hearing. It's better to ask for an oral hearing (one where you get to talk to the panel and they ask you questions) as your chances of success are higher, and to attend if you can. A CAB may be able to help you.
Gill's advice on the mobility component is really useful - medical evidence showing that you can't really walk any distance at all without your mobility scooter, or explaining how slowly you walk with your crutches, and how often you have to stop, would all be useful. Pain, fatigue and speed of walking are all relevant. Keeping a diary for a couple of weeks listing where you've been & how you got there could help too.
It's true that the tribunal can look at the whole of your award again, so just bear that in mind. If you agree with all the points you got for the daily living component and you have evidence to back those up, then don't be put off appealing. In any case, the tribunal should warn you if they are going to reconsider that part of the award, so you have the opportunity to make your case for keeping it.
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