PIP review on Friday

Hi Mariashep

There is no automatic entitlement to PIP unless someone has been given less than 6 months to live - but can you meet the requirements for a mobility award? I don't know. Do I think you should try? Yes, if you're up for a fight. You need to get hold of the assessment report - if you haven't already got it - because it will give you more idea of the reasoning behind the decision.

The fact that you can get to the doctors on a good day is not sufficient reason to deny you any points. As you said, you don't have good days very often. They are supposed to consider how you are for 'the majority of the time"

Have you looked at the Guide to PIP Claims and Reviews for the two mobility questions? Pages 78 - 92. Obviously, I don't know how you answered these questions or what has been written in the assessment report, but check out the sample answers and see if you left out any information that you might have included.

Now, I know that you are made with the DWP, but you won't help your case if you display that in your response. If you want to make a separate complaint - do so - but you won't win if you insult them or you don't counteract their arguments. So you can tell them, the assessor is "mistaken..." or "misunderstood...," or "failed to understand..." or "failed to mention..." "failed to realise ..." etc., but don't insult them - even if it is justified.

For example - if the report says: "The claimant has no difficulty in going to the doctors alone" - you say ...

"Although the assessor says I go to the doctors alone, she failed to mention that I have only done this twice in the last six months. She also did not record that I told her that going out alone is very distressing and that even to go somewhere familiar, I need the encouragement of my partner to plan a journey, etc, etc

I'm sure you can give a better example than the one I have used, but I just don't want you to get mad with them - fight what they say and give them evidence to refute it. I am sure that with the conditions you have mentioned you will have symptoms that affect your ability to do this. Please check out the guide and if necessary adapt any of the answers there that fit your situation.

BIS

Hi Mariashep

From what you have said, - yes, 4 points is what I would expect them to award you and the comments is what I would expect. They are saying what they "observed."

However, you haven't said anything about journeys that are unfamiliar to you. Could you follow the route of an unfamiliar journey or would you need your partner with you? If you couldn't do an unfamiliar journey - why not? Is that because of anxiety, depression, the fear experienced from your autism and ADHD, etc? Only you can answer this - but if you need support - to make an unfamiliar journey, you need to say so. You may be able to be awarded more points eg "1d. Cannot follow the route of an unfamiliar journey without another person, assistance dog, or orientation aid. 10 points"

So you want to make it clear that you very occasionally go to the Drs alone - but that is only because you know where it is. If unfamiliar routes are impossible because of mental health issues, say so.

RJC used a court case in her appeal, RS v Sec of State for Work and Pensions [2016] UKUT 0085 (AAC). www.gov.uk/administrative-appeals-tribun...pip-2016-ukut-85-aac

She then quoted from the judgement, which you can get from the link above. Each paragraph is numbered, and she drew their attention to paragraphs 62, 63, 66, 73, and 74, which were relevant to her appeal.

I hope that your review goes well tomorrow. If you find you're getting stressed - tell the assessor. Have plenty of water nearby, and if you need a break, say so. Don't feel pushed into answering a question - say you are nervous and need to think. I hope that you have asked for it to be recorded and I hope that you have your husband with you.

BIS