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Advice on challenging a PIP decision please

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  • Advice on challenging a PIP decision please

    Please may I ask for some advice/guidance on challenging my PIP award please?

    Background
    I am was awardees DLA middle rate care and high mobility for Life in 2014 (This was awarded at a tribunal)
    I have multiple long term, incurable and complex medical conditions that have limited treatment options.
    I am under the care of 4 different specialist hospitals in London as well as receiving local medical input and frequently attend medical appointments.
    I have multiple hospital admissions and treatments.
    These condition have a significant impact upon every aspect and the quality of my life.

    Situation
    I recently attended my first PIP assessment, the outcome of which is I have been awarded standard care and mobility.
    I was awarded 8 points for care and 10 points for mobility.
    I would like to challenge the decision of both awards but the mobility award is the most important one as the loss of my mobility car is going impact significantly upon my independence and quality of life
    I believe enhanced mobility should have been awarded as the report confirms I struggled with my mobility, upon standing I was unstable/unbalanced and needed a couple of minutes before being able to move.

    ​​​​​​​Appealing the decision
    I received the decision yesterday (28 November) so I know I have a month to appeal.
    What and how is the most successful way to appeal?
    Do I list each section I feel has incorrectly scored and explain why I challenge be this score?

    Is it appropriate to quote the assessment criteria within my response and how this has not been correctly applied - I.e

    Mobility
    ​​​​​​​I do not believe the correct descriptor has been awarded to me and I respectfully request this award is reconsidered.

    The report states I was observed that upon standing I was unstable, in discomfort and had to wait a minute or two to gain my balance before walking. I walked a distance of 22 metres at a slow pace with an antalgic gait and relied heavily upon my walking stick.

    Within the PIP assessment criteria it is stated that the following factors should be applied.
    • safely in a manner unlikely to cause harm to themselves or to another person, either during or after completion of the activity
    • to an acceptable standard
    • repeatedly able to repeat the activity as often as is reasonably required
    • in a reasonable time period no more than twice as long as the maximum period that a non-disabled person would normally take to complete that activity

    Safely - I was observed to be unbalanced upon standing and therefore at risk of falls, especially if being hurried or under pressure.

    An acceptable standard - I was unable to walk a distance of 22 metres within a reasonable time frame, therefore I did not achieve an acceptable standard for completing this task.

    Repeatedly - I could not repeat or complete other tasks for several hours afterwards due to the high level of pain and fatigue this task has caused. I required assistance during this time and had to take additional pain refined due to the escalation of my pain levels.

    In a reasonable time period - The PIP assessment criteria states a walking speed of 30 metres per minute is a reasonable time period. My walking speed was far slower than that of assessment criteria.

    I believe I should be awarded descriptor E, to stand and then move more than 1 metre but no more than 20 metres, as this is an accurate reflection of my mobility.
    Tags: None

  • #2
    As you are asking for a mandatory consideration you might find useful information and guidance on Turn2us website. I find them an invaluable resource https://www.turn2us.org.uk/Benefit-g...econsideration

    Comment

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