PIP moving around - surely not?

GlasweJen

I've been rejected for PIP and am waiting for a call back from the DWP to discuss mandatory reconsideration.

The news was a bit of a shock so I've just processed what the letter said and I'm thinking surely not, can anyone tell me if the rules have been applied correctly here?

You said you have difficulties with planning and following journeys and need help when outside. You have no cognitive impairment that would prevent you from planning and making a journey reliably. You are able to organise a taxi to get to and from work.

I have blackouts and need someone with me because they happen with no warning and when I come round I am confused and disorientated. Quite what phoning a taxi has to do with the price of cheese I don't know as the driver is the one who plans and follows the route, I'm not exactly going to call them and then drive myself home am I? I was asked about public transport at the "medical" and I told them I don't use it alone and if my lift share isn't ready to leave work when I am then I use a taxi.

Torry_Quine

That's awful. If you don't get it then there's no justice

Bryando

Food in ma belly and a licence for ma telly an nothin's gonna bring me down.


Put a smile on my face- love it

GlasweJen

Good old Paulo Nuttini.

kittykat17

So sorry to hear this Jen - cannot believe with all your difficulties, etc, that you've been refused. This really isn't right. In my personal opinion I don't agree with their comments. As you can't walk and have frequent blackouts so that you need someone with you surely you should have got full points for moving around. This is ridiculous. Let us know what the DM says when you speak to them. Definitely go for MR and, if necessary, appeal. Good luck.

Diary

Whether in the regs or not that descriptor has been deemed by DWP DM's to have everything to do with cognitive impairments and learning difficulties.
Unfortunately the DWP PIP legislation forgot that some people although not cognitively impaired or blind need assistance at all times.
The legislation around this descriptor is very poorly written and can be misinterpreted (my use of the word) by DWP whenever they like.

You're much more likely to score points for this at tribunal after the MR has failed. It's likely the tribunal would give you 12 points in this (f). As this descriptor is so poorly written it can be easily interpreted in your favour by a tribunal.

GlasweJen

Their own case study (number 4) in their paperwork says people with epilepsy can get 15 points in that descriptor so someone is clearly at it. I am pretty much pete but add in a wheelchair, some vision aids and a set of hearing aids. Surely if I can phone a taxi so could pete?

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/181178/pip-assessment-thresholds-and-consultation.pdf

24skins

That's from the draft criteria, it's been tweaked since then & as Diary says is weighted in favour of cognitive disability rather than physical impairment. Current descriptors are here. http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

Go for a mandatory reconsideration.

GlasweJen

I called and asked for an MR and was told someone would call me back today but lo and behold not heard a peep from them. When I called at 4:30 to find out when I'd be getting a call it transpires that whoever took the first call hadn't bothered to action my call back - not surprised!

I've already written what I disagree with and pointed out areas where the DMs explanation contradicts the points (or lack of them).

Confuseddot

Did you fail both parts or just the mobility ?

GlasweJen

Both but it's clear from the decision makers ramble that I should have scored points for some of the care descriptors so I'm fairly sure they will award at standard rate on reconsideration based on what's been written. They've written things like "I agree you need support to take nutrition because you choke" but the awarded 0 points, they've done that on 3 descriptors, bathing, taking nutrition and understanding signs and symbols. It's like they've got half way through my award then finished with someone else's details, the whole thing is bizzare.

I'm wondering if the person doing the medical has got half way through and then went back to finish and forgot who I was or if the DM got rushed to finish my award and has messed up. I did get the apology for being late deciding letter.