The verdict is in....

Posted , 8 users are following.

So i received the letter today.... not happy slightly.

​Clearly the assessor didnt listen to what i said or what the GP wrote.

​I was awarded nothing on mobilty even though the GP clearly wrote i cannot walk more then 25 metres on a good day and with that its constant pain. I got 0 points on mobility.

​On living allowance i got standard which again im not really bothered about living allowance as i have managed until now.

​Can i appeal again the mobility decison?

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  • Posted

    Request a MR by calling them straight away and then put it in writing why you are doing this.

    If you can only walk 25 mtres in pain aon a good day, explain how many good days you have (refer to any medical evidence you have sent in and send it again)  They have to apply the descriptor that applies to you over 50% of the days in a 12 month period. For example, if you can only walk 20 metres 1 day but 100 on the other 6 days then you would satisfy 50-200 metres, but if you could walk over 200 metres for 3 days but pain and fatigue had you bed ridden 4 days then 1-20 metres would apply. Have a look at Regulation 7 of the Social Security (PIP) regulations 2013 where it states that:

    (1) The descriptor which applies to C in relation to each activity in the tables referred to in regulations 5 and 6 is —

    (a)where one descriptor is satisfied on over 50% of the days of the required period, that descriptor;

    (b)where two or more descriptors are each satisfied on over 50% of the days of the required period, the descriptor which scores the higher or highest number of points; and

    (c)where no descriptor is satisfied on over 50% of the days of the required period but two or more descriptors (other than a descriptor which scores 0 points) are satisfied for periods which, when added together, amount to over 50% of the days of the required period–

    (i)the descriptor which is satisfied for the greater or greatest proportion of days of the required period; or,

    (ii)where both or all descriptors are satisfied for the same proportion, the descriptor which scores the higher or highest number of points.

    (2) For the purposes of paragraph (1), a descriptor is satisfied on a day in the required period if it is likely that, if C had been assessed on that day, C would have satisfied that descriptor.

    (3) In paragraphs (1) and (2), “required period” means —

    (a)in the case where entitlement to personal independence payment falls to be determined, the period of 3 months ending with the prescribed date together with–

    (i)in relation to a claim after an interval for the purpose of regulation 15, the period of 9 months beginning with the date on which that claim is made;

    (ii)in relation to any other claim, the period of 9 months beginning with the day after the prescribed date.

    (b)in the case where personal independence payment has been awarded to C -

    (i)during the period of 3 months following a determination of entitlement under a claim for the purpose of regulation 15, the period of 3 months ending with the prescribed date together with, for each day of the award, the period of 9 months beginning with the day after that date;

    (ii)in any other case, for each day of the award, the period of 3 months ending with that date together with the period of 9 months beginning with the day after that date.

    This is also mentioned in the PIP assessment guide but I can't remember the paragraph.

    Defo ask for a recon though, and try to get some more evidence to back this up if you can. It's worth going for if you believe you are entitled to it, I have just gone from standard DL to enhanced on both after appeal.

    Good luck smile

    • Posted

      Hi Erykah71,  I wondered how you had got on.  So pleased for you - congratulations!
    • Posted

      Thanks Scally, been a long hard slog and I've been really ill the past few months, but can finally concentrate on me now (well until I get the next dreaded brown envelope lol)

      Thanks hun x

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