PIP appeal rejection and advice needed for tribunal

WillyWonga

Hi all,

My wife suffers from CFS/ME and claim went in for PIP, rejected - scored 6 on daily living and 4 on mobility. At time we sent original claim in we weren't aware hospital doctor was sending us a letter to help claim. We sent this in with reconsideration request and came back as same decision, letter states all the original points were correct.

My main dispute on the award was-

Mobility - planning and following a journey. (score 0)

This is where I need a bit of advice. My wife can move between 50 and 200 metres aided with crutches.

At the face to face consultation the assessor asked the question "Can you follow a map and plan a journey to the shops?" She said yes, and that was the end of that question. I put in the appeal that
although she can plan a journey she cant physically carry it out. The shops are 1/2 a mile away and for that she needs to go in a wheelchair. With no upper body strength she can only go for a short period of time.

Any thoughts at what the DWP is trying to get at here??

Many thanks in advance

merlin68

Pip is 20 meters, so if she can move between 50 and 200 then the award is correct.

Indie_Kid

merlin68 wrote: »

Pip is 20 meters, so if she can move between 50 and 200 then the award is correct.

You can get the lower rate of mobility if you can walk further than 20 meters.

The planning and following a journey is for those of us who can walk; but due to things like sensory impairment or learning disabilities need someone with us to safely get to our destination. Not for people who are unable to walk.

rogerblack

WillyWonga wrote: »

This is where I need a bit of advice. My wife can move between 50 and 200 metres aided with crutches.

Only addressing this point.
Can she do this as and when desired - as often as a fit person in her situation might do?
Can she do it reliably?
Can she do it safely?
Can she do it in under twice the time a normal person would take to walk the same distance?
Can she do this - with all the caveats - on most days?

If any of these caveats applies - she can't do the activity from the point of view of PIP.

All of the descriptors of PIP are affected by these criteria.
If she is unable to cook reliably, ... - even if she does it safely some days - she may qualify for points on that.
Similarly, if she is tired enough that most of the time it would take her twice as long to plan a route - she qualifies.
Similarly, if she does not quite meet this test, but together with other difficulties she matches any sub-descriptor more than 50% of the time, she may gain points.

I note also that 'routes are for mental disabilities only' is not settled caselaw, there have been two recent opposing decisions on this.
Plus - CFS is a mental/physical condition as understood by the DWP.

_ALL_ of the descriptors are in play.
If, at times during the day, she would have problems that would make it take twice as long to make change, or to decide on something complex, like a mortgage due to fatigue, it counts.

If at times, she does not go out because of the fatigue, and has to be encouraged - again possible points.

WillyWonga

Many thanks all for your replies.

Is it worth the tribunal or just reapply again from scratch?

Reason being a couple of years back under DLA my son got turned down, appeal turned down, at the tribunal we lost. We went back that night and did fresh application and was accepted!!!

The ATOS "professional" hardly gave us face to face contact - he was asking questions as he typed all answers onto computer. He was running late and we felt like we were being rushed.

I've been doing a lot of research and appears even if win at tribunal its not clear cut as DWP can appeal. Even if they accept I have read they started to send PIP 2 letters for updates even 6 months into a 3 year claim to reassess and if need be turn down. Is it better to be accepted straight off from them?????

Cheers guys...

rogerblack

WillyWonga wrote: »

The ATOS "professional" hardly gave us face to face contact - he was asking questions as he typed all answers onto computer. He was running late and we felt like we were being rushed.

The manner of the assessment is relevant.
They are supposed to do a complete assessment of the claimants problems - not simply roll through a script at a rate of knots.
Do you have a copy of the assessment report?
Are there things that are clearly factually wrong with it that you can back up with evidence from outside sources?

Indie_Kid

If you appeal and win, the money is backdated to when you first applied.

If needs have changed significantly, a fresh application might be worth doing.

rogerblack

Indie_Kid wrote: »

If needs have changed significantly, a fresh application might be worth doing.

The fresh application also doesn't stop the appeal from continuing - it just means that the period of the appeal will be limited to the interim periods.