PIP awarded for living allowance not mobility

Hi Sana

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

That is the risk claimants take when they request a mandatory reconsideration, they can loose what they have been given. You need to get hold of the assessors report called a PA4.

The next stage is to appeal the decision, when you have the assessors report, you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.

I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are appealing the decision and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.

Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.

Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation.

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

We would advise you to seek advice from your local Welfare Rights Organisation; advicelocal.uk .

Gary

Hi Sana

The next stage is to produce a submission, you may need help from your local Welfare Rights Organisation.

If you asked the mods on the forum, they would all do the submission differently from each other.

I set my submission out as follows;

Appeal document of xxxxxxx 27/01/2023

I wish to appeal against the decision that xxxxxxxxis not entitled to PIP. I considered that I had provided enough evidence for a decision to be made that I am entitled to PIP at the rate of enhanced for daily living and mobility.

I do not consider that the decision maker took full account of the severity of my condition or of the way that it affects my everyday activities and bodily functions.

Potted History

Assessors Report PA4 v3
There are numerous errors contained within the (HCP) report

History of conditions

xxxxx

Current medication and treatment
Ramipril 10 mg once a day
Indapamide 2.5mg once a day (morning)
Salamol 100 micrograms/dose inhaler 2 doses as needed
Trimbow 87 micrograms/dose / 5micrograms/dose/9micrograms/dose inhaler, two puffs twice daily ~ side effects; reduced taste, dry mouth, pain in arms.
Amlodipine 10mg tablets once a day ~ side effects; Anxiety, ringing in the ears, sleeplessness, increase irritation,
Amoxicillin 500mg capsules, one tables 3 times a day
Atorvastatin 20mg tablets, one daily
Carbocisteine 375mg capsules, 2 capsules three times a day
Lansoprazole 30 mg once a day
Prednisolone 5 mg tablets, 6 tablets to be taken daily

The HCP report does not give a full picture of my conditions which is outlined below.

18 Mar 2002, Asthma (H33..)
22 Feb 2012, Unruptured cerebral aneurysm (G673)
24 Oct 2014, Essential hypertension (XE0Uc)
07 Apr 2016, Spirometry reversibility testing contraindicated (XaJz4)
07 Dec 2021, Chronic obstructive lung disease (H3..)
20 May 2022, CKD with GFR category G2 & albuminuria category A2 (XacA6)
18 Jan 2023, CSHA (Canadian Study and Aging) Clinical Frailty Scale level 6 – moderate frail (Y29db)

Particular attention should be paid to those who score 5 or more as this is the marker for requiring a comprehensive geriatric assessment and often referral to geriatric or frailty specialists www.physio-pedia.com/Clinical_Frailty_Scale


Significant past medical history

1964 – Other graft of skin (XE015)
1882 – Endoscopic bilateral occlusion of fallopian tubes (7E1c)
27 Sept 2002, Mixed anxiety and depressive disorder
15 May 2005, Total abdominal hysterectomy NEC (Xa9gY)
24 Nov 2008 Subarachnoid haemorrhage (Xa1uW)
03 Dec 2008 Subarachnoid haemorrhage (Xa1uW)
13 Aug 2012 Depressed mood (XE0re)

Primary condition


Secondary conditions


Social and Occupational History


AIDS AND APPLIANCES

HCP reports that I have no prescribed or self-bought aids, this is incorrect, I have the following aids;

* Saline Plus Salt Therapy Air Purifier - Respiratory Health Device, to help with breathing and mucus on the chest.
* Inhalers – to help breathing
* Dosett boxes for medication
* Timers and alarms for appointments and medication
* Small trolly on wheels to help get shopping from the car to the house
* Radiator and sink to help to get up from the toilet
* Chair in the kitchen to sit on

OCCUPATION


DRIVING/TRANSPORT


Functional History, including variable, daily living and mobility activities
So as not to repeat ourselves we will cover this under each activity.

I agree with the assessor on the following descriptions.

7a. Can express and understand verbal information unaided. 0 points
8a. Can read and understand basic and complex written information either unaided
or using spectacles or contact lenses 0 points
10a. Can manage complex budgeting decisions unaided. 0 points

Preparing food
The HCP has suggested that the following descriptor applies:
1 a. Can prepare and cook a simple meal unaided.
The correct descriptor we believe that applies to xxxxxxxxx is:
1 e. Needs supervision or assistance to be able to either prepare or cook a simple meal 4 points

etc. etc; follow the same format for all the questions.

Conclusion

I have bad days and worse days; my condition is that there is no cure and that I will get progressively worse over time. I am under constant review and investigation as I have stated, ‘you cannot have COPD part time’.

I believe that I should have been awarded 23 points for the Daily Living component of PIP and 18 points for the mobility component of PIP.

Gary

Hi Sana

You don't have to have the assessor's report to submit a Mandatory Reconsideration, but I would advise you to get hold of it and use it to write your MR. The report should give you more details that may not appear in the decision letter and make it easier for you to challenge their decision. Be aware that the assessor's report can be even more upsetting than the decision letter.

BIS