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Law change mobility

blue32blue32 Member Posts: 33 Connected
Another question on pip lately everything's hitting me at once anyway I got a letter 6weeks ago saying due to a change in law they looked at my mobility part from my assessment were I got 4points mobility and that there is to be no change.

However I think I meet the criteria so I rang... And was told I could appeal the later doesn't say this or a timeframe on the phone the lady said I have up to a year but I trust nothing they tell me although she was really nice then I was out to a DM who basically said the same I found this strange as I have no form and the letter doesn't say I can appeal it just says looked again etc and that it's the same 4 points prior to this I was on dla low mobility high care. Now I'm on enhanced pip my support worker though has got me to sign a mandate has my pip medical report and says I meet the description for 10 and 12 points she seems hopeful and says it could be 1000s of pounds my question is is this true that I have a year why doesn't the form say I can appeal is this like a Mr and can I take it even further if unsuccessful  anyone challenges this based in this court ruling even after they said they've looked again and still no change

Replies

  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    Hi,

    All decisions can be challenged by first requesting the MR then Tribunal. Yes, with good reason you do actually have 13 months but you must give a reason why you didn't request it within the first month.

    Whether or not you'll score more points for the following and planning a journey part of mobility will totally depend on how your conditions affected you at the time that decision was made, when ever it was. They will not consider any worsening of condition since that decision was made.

    You really should get some expert face to face advice from an agency near you before you request the MR.
    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.
  • wilkowilko Member Posts: 2,061 Disability Gamechanger
    The letter you received about looking at your award again and no change dose inform you that you can appeal, mine came the other day. 
  • Chloe_ScopeChloe_Scope Administrator Posts: 7,679 Scope community team
    Hi @blue32, how are you getting on?
    Community Partner
    Scope
  • blue32blue32 Member Posts: 33 Connected
    Hi Chloe update.

    I rang 3 weeks ago they were claiming not to have the form that a charity who support me helped me with. Also I must add on my original letter it DID NOT say I could challenge this just that they looked again and the decision was still 4points... Anyway they have the form I rang yesterday got the bog standard 10weeks type thing from there script after pressing the man said I can see it's with someone called Tracey but can't say how long it will take.... I will ring again Monday though nothing can be a guarantee but the charity helping me and who have new me a number of years think I may have a chance of some kind of award in there own report they state I was sweating distressed required promoting throughout from a patent arrived via taxi and describe paranoid thoughts consistent with diagnosis and medical history it does say I was doing driving lessons until 3momths before assessment but changed instructors 5 times due to patanopa thoughts and had stopped maybe they will use that against me. My support worker from the charity has dealt with a lot of these and feels description e and f is approppappr for me especially at the time of the assessment (3 years ago) 
  • blue32blue32 Member Posts: 33 Connected
    My support worker says my letter in certain parts is different to others she has saw regards this court ruling and feels they may have hoped I won't pursue this but can't prove this she did mention it in my MR with a photocopy of the letter. It also took weeks and weeks for them to day they have my MR and various calls to the point someone suggested it may be lost in future I am recording delivery anything I have to send DWP. Also I have also been the victim on two occasions of crime in 2009 and 2012 on public transport and they mention this on my assessment to there's a load of other stuff on my MR but can't remember it all other than previously mentioned 

    The whole thing has drained me mentally and physically and in all honesty I wish I hadn't bothered if my MR is unsuccessful I can't face the appeal judge thing IL just be leaving it as it is.
  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    blue32 said:
    My support worker from the charity has dealt with a lot of these and feels description e and f is approppappr for me especially at the time of the assessment (3 years ago) 
    You can't score twice for any activity, you can only score once.

    Also to add then sending anything to DWP by recorded delivery is a complete waste of money because next day delivery means nothing, other than it's been signed for by someone from Royal Mail sorting office., which means it could be anywhere in that building. It won't be signed for by anyone from DWP and it still goes through the same mail sorting process as every other mail going to DWP. It's not classed as arriving until it's been added to the computer.

    Proof of posting is just as good and it's free.

    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.
  • Chloe_ScopeChloe_Scope Administrator Posts: 7,679 Scope community team
    Thank you for the update @blue32. I hope @poppy123456 has been able to help here. :)
    Community Partner
    Scope
  • blue32blue32 Member Posts: 33 Connected
    Hi rang today for update. It was with someone called Tracey last I phoned but now with a manager named mark.

    Didn't say why assuming a decision might not be too far away.
  • Chloe_ScopeChloe_Scope Administrator Posts: 7,679 Scope community team
    Thanks for updating us @blue32, fingers crossed your right!
    Community Partner
    Scope
  • blue32blue32 Member Posts: 33 Connected
    Update

    So I rang a couple days before Christmas as I had been ringing a couple times a week and was under the impression a decision was due

    Only to be told your MR has been put put off for three months as you have a assessment to go to soon 
    I challenged this saying but those forms came after the letter about this

    But they are adamant I can't have a MR onhoong whilst waiting for a new assessment ( which I still haven't received a date.

    Seems a bit strange as I no two separate people have looked at my MR 

    Also my assessment is because my award ends in march its totally separate 
  • Chloe_ScopeChloe_Scope Administrator Posts: 7,679 Scope community team
    Hi @Bluey32, have you started a new PIP claim as well as appealing an old one? Sorry if I have misunderstood it.
    Community Partner
    Scope
  • blue32blue32 Member Posts: 33 Connected
    No they wrote too me about a mobility law change

    Then I done a MR then a week or 2 later I got new forms in as my existing award ends in march 
  • Chloe_ScopeChloe_Scope Administrator Posts: 7,679 Scope community team
    Hi @blue32, that must have been confusing! How are you getting on?
    Community Partner
    Scope
  • blue32blue32 Member Posts: 33 Connected
    It seems strange and think it's weird probably plotting against me too not pay it heard nothing since it about my assessment for seoerate claim which ends soon
  • Adrian_ScopeAdrian_Scope Administrator Posts: 5,627 Scope community team
    Hi @blue32. Can I ask what mobility or PIP award you currently have? Back when you had the assessment and only received 4 points did you appeal at the time? Is your current award a new claim?
    Senior Community Partner
    Scope
  • blue32blue32 Member Posts: 33 Connected
    Im on enhanced care, I didn't appeal at the time the mobility when I got 4points.

    My pip current award ends in march just found out today assessment is two weeks tomorrow. 
  • Catherine1989Catherine1989 Member Posts: 3 Listener
    Hi thank you for accepting me on this site . I had previously been on DLA middle care and low mobility for 10 years after being diagnosed with BPD i was invited to apply for PIP in June 2019 as my DLA ended in Sept 2019 i attended a f2f in August 2019 and scored 0 points after a Mandatory Reconsideration i was awarded 7 points i am now appealing this decision can anyone offer any advice as i have been told there is a wait of 8 months for appeal i am on a lot of medication and i now suffer from osteoporosis and fibramylogia which the DWP are aware of i have a little bit of support but not much i live on my own and i am now nearly completely isolated can anyone offer some much needed advice ? 
  • blue32blue32 Member Posts: 33 Connected
    So back to my original post. I am no further forward with my appeal based on the mobility change of law this is due to my pip award due to end.

    I had my assessment Friday my supportsworker came with me. I was told 5 minutes brfobe my assrsasses my assessor was not ready and return at 11.30 this distressed me a lot.

    So we returned and were taken at 12 I was about to walk out but then my support worker went to the desk and told the receptionist who then hurried me yhriigh. No one was in with my assessor and no explanation was given

    Whilst in the waiting room the receptionist rang  about 10-16 people saying there full name on the phone and giving directions ( my support worker has complained about this and other things which I will get too.


    My assessment was very strange he goes too a few each week, no spelling or numeracy test, I have nerve damage and was only asked too lift both knees. My assrsass typed with two fingers .. and continuously told me too say down when I anserans questions we were positioned that both of us could see the screen and see her taking bits out all of this has been complained about my assessor seemed between 65-70.

    I was asked nothing about washing only if I can wash to which I explained I need prompting and Reminding for this then she moved only communication asked if I can read a text and moved on too cooking.

    She was interested to no why I'm not on olanzipine 20mg now as since my last assessment 3years ago it's down 12.5mg plus 2.5mg when required.

    This happened in October the when required part due too small level symptoms again with my schizophrenia diagnosis, I explained too that since it going back up my energy levels since are poor and I sleep too much will this be taken into account despite me since it going back up me not seeing a gp I said I see my gp next week about the side affects etc but I've been struggling too much too discuss my med change in October my support worker confirmed everyyheve I said about energy levels sleep etc
  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    When you went into the room for your assessment, who did you expect to be in the room with the HCP? There wouldn't have been anyone in there because it was your turn.

    When going for face to face assessments, the same as any other appointments we attend. We don't always go in on time, in fact, i can't remember the last time i went into an appointment on time and i don't mean a face to face assessment, i mean hospital/GP appointments.

    In my opinion the receptionist stating people's name over the phone isn't really an issue but that name could be anyone. Providing they weren't disclosing any other personal details out loud then there's no issue here. I've been waiting at GP's and i've heard the receptionist mention patients names several times.

    When attending a face to face assessment you need to confirm what you wrote on the form as well as any other additional information needed on the day. All the information you needed to give should have been written on the form because there's not usually enough of time to tell them all the details at these assessments.

    As you've had the assessment wait a week and ring DWP to request a copy of the report to be sent to you. This will give you some idea what the decision is likely to be because they mostly go with the report.

    Once the decision's been made if you're not happy then you'll have 1 month from that date to request the MR. 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.
  • blue32blue32 Member Posts: 33 Connected
    I think from his point of view he thought an explanation or apology should have been given, coming home the part about phone calls to people who have an assessment shouldn't be done in public waiting room saying full name etc as he said people he's assisted have problems were they wouldn't like that it was a very small waiting room. He feels there's a data protection issue as many vulenrable adults attend it's him who's complaining not me.

    Anyways I rang today my report landed today and there sending it so they got it quite quick I assume emailed to them
  • blue32blue32 Member Posts: 33 Connected
    Received PIP assessment report

    13 points care
    10 for mobility

    That is the recommendation, I done two physical examinations my bones physically cracked and I whinced in pain. No mention of this and disgustingly it says I done a lot more exercises that simple did not happen and it even says I was in no pain. There is other lyes throughout the report it looks like her recommendation is an award for one year. Next time I am recording it up too now there had never been lyes in any assessment.

    Parts of the report are very poorly written and littered with spelling mistakes, there's parts me or my support worker don't understand but the award is fair although 0 points for walking especially with my nerve damage and the lyes about physical examination may well be appealed.

    My question is how rare is it for DWP not to go with the recommendation, it also appears despite writing to my GP they haven't had it back.


  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    It's rare for them to go against the report but it can happen.

    If you do request the MR for the mobility part then whether you're entitled to Enhanced mobility will depend how your conditions affect you. If you're not claiming for a physical condition then the moving around part will not apply to you.

    When writing the letter for the MR you should avoid mentioning any lies/contradictions that may have been told in the report because you can't prove what did or didn't happen during the assessment. They won't be interested in any of those. All they will want to know is where and why you think you should have scored those points. With added examples of what happened the last time you attempted that activity for each descriptor that applies to you.

    Any complaints about the report should be sent to the health assessment providers.
    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.
  • blue32blue32 Member Posts: 33 Connected
    Thanks poppy yes I have bad nerve damage in legs feet hands etc etc.

    Yes we are going to complain to them

    About MR I'm going to see what final award is and then see what's what.

    Hopefully then I can actually get what this thread was originally started for sorted out as they've put a hold on it
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