Mandatory Reconsideration PIP Mobility Only

johnsons_baby

Good Morning

Can anyone offer any advise please regarding whether it is worth asking for a MR for the mobility component of PIP for my father.

He has been awarded higher care and standard mobility. He finds it difficult to walk across a room due to breathless from heart failure. He is not a candidate for surgery and his condition is static in as much as it doesn’t change. He also has rheumatoid arthritis in his knees and ankles which he again is not suitable for surgery for because of his heart condition. He has frequent falls and has ended up in A&E as a result.

He report says ‘I have decided that you can walk more than 20m but no more than 50m’ he was not assessed on distance at his assessment (the lady asked for time as he said about 1-2 minutes but he is in pain constantly and gets extremely breathless, he cannot do it repeatedly. He refuses a wheelchair and no longer drives as he doesn’t feel safe. I would dispute whether he can walk 20m at all. He could barely walk from the couch in the consultation room to the door, probably no more that 7m.

He has a blue badge which we we take him out is useful and he was assessed at an independent mobility consultation.

I think he may be entitled to the higher rate, that would at least give him access to a bus pass locally (as he is not pensionable age it’s dependent on receiving higher PIP mobility).

He is reticent about challenging the decision in case his care is made lower but can you challenge just one part? After a recent Hospital admission, of which paperwork was submitted to the DWP, they said he really should be using a wheelchair but it seems strange they considered him able to walk 20-50m?. Also he was only awarded for 18 months, a letter we submitted states he will not improve with no prospective improvements. Can the length of award be challenged?

Any advice appreciated please?

pmlindyloo

He can certainly do an MR for his award and the length it has been awarded.

The general advice is that the whole award can be looked at again but do not let this put your off.

At the beginning of the MR you can write...…. ' I accept the daily living decision but wish to challenge the decision regarding the mobility'.

Based on what you have said you will need to challenge the distance he can walk using his breathlessness, pain and not being able to repeat the activity, plus his falls. You should quote the relevant medical evidence to back this up.

If the Blue Badge assessment report confirms the distance he can walk/breathlessness etc then you could use this too.

Do not mention the need for a free bus pass as this may contradict his walking ability i.e getting to the bus stop/on and off the pass etc etc

As regards the length of the award, again, use the medical evidence which states that his conditions has no prospect of improvement.

You could use CAB/welfare advisor/AgeUK for help and support with the MR.

A useful link;

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/mandatory-reconsideration/