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PIP Assessment - Planning and Following Journies

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7 years 1 month ago #183131 by Gordon

reiver97 wrote: Had the assessment yesterday. In light of the new restrictions regarding mobility points and psychological distress, during that part of the assessment the assessor explicitly asked "do you have problems with walking, other than for reasons of psychological distress". So it would appear that they are using the new rules already, even before they are officially adopted.


They may be referring to the change but they clearly don't understand it as it has nothing to do with walking :)

Gordon

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7 years 1 month ago #184982 by reiver97
Well, I got my PIP award letter back yesterday on the 18th. The decision had been made on the 10th and so I came in before the changes of the 15th. This is both good and not-so-good news.

(But first let me say a big thank you to B&W and those on this form who have given invaluable help!)

In summary, previously I was awarded 12 points for Daily Living, and 10 points for Mobility. This time I received 14 points for Daily Living (but lost points on some descriptors) and only 8 points for Mobility. This does mean I am still on the same overall award but losing points on mobility, and what I did get points for, is a concern.

I shall summarise the award below, as I am considering a Mandatory Reconsideration, primarily on the Mobility.

Daily Living where I lost points:

Preparing Food:
Previous: 4 points ("You need supervision or assistance from another person to prepare or cook a simple meal").
Now: 2 points ("You need prompting from another person to prepare or cook a simple meal")

This strikes me as a fairly subjective line of question. What objectively differentiates the two? As I scored higher in other descriptors I am not going to make a big deal of this one.

However, Mobility is a different kettle of fish and the new rules regarding psychological distress, although not affecting me this time, would do if I was to get the same scoring in future assessments.

Previously, as I state above, I was awarded 10 points under "You cant undertake any journey because it would cause you significant mental distress". That was all the points I recieved for mobility at that time.

This time I was awarded 8 points.

4 Points - Planning and Following a Journey
"You need prompting from another person to undertake a journey to avoid causing you significant mental distress"
4 Points - Moving Around
"You can stand and then move more than 50 metres bt no more than 200 metres either aided or unaided"

As you can see, under the descriptor rules from 15 March I would have lost 4 points there and not qualified for standard mobility.

I could argue over the moving around (the assessor could see I could not walk unaided and even made the taxi driver come from where he had parked less than fifty metres outside the assessment centre to directly outside the door to collect me).

However, it is the Following and Planning A Journey scoring that I wish to request the MR for.

Of course, this is a Catch 22. I had to attend the assessment or lose my entitlement. But because I attended they now mark me down.

But the assessor clearly saw I was in severe psycological distress. I had self harmed cutting my arms and wrists and was bleeding onto his desk. I was shaking uncontrollably and was unresponsive to his question such was my state. I self harmed during the assessment pulling my hair and striking my head with my fist on several occasions.

The assessor ended the assessment after just 10 mins and said he would not continue with me present in order to end my distress as he had seen enough and had enough information from my notes for the rest of the assessment to be completed without my being present. He then called for the taxi to collect me. He continued to observe me closely while we waited for the taxi and was clearly concerned, as were other staff in the building, as to my well being.

I think this still qualifies as "You cant undertake any journey because it would cause you significant mental distress" as quite clearly, when forced to take a jounrey I was in significant mental distress as was acknowledged by the assessor.

Is it worth my while requesting the MR on these grounds? Obviously, being marked down sets a bad precedent for future assessments, and while I do not care about being placed in a higher category on Mobility, I do care that my actual condition is recorded accurately for the sake of future PIP reviews and assessments.

Can anyone point me to advice or templates for a MR letter and what evidence and information I should include.

I will request on Monday a copy of my report. As it took 8 days for the PIP letter to reply I only have 20 days left to get my MR submitted in time. Should I wait for the PIP report from the DWP or send my the MR letter immediately?

Any advice on this matter is much appreciated.

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7 years 1 month ago #184984 by reiver97
Oh, forgot to add the following.

In the section of the award letter, "My Decision" it states the following.

"I looked at the information you provided and the further health professional consultation and decided the descriptors previously chosen are correct."

"When we made our previous decision we gave you PIP for a set time because we expected your needs to change. As the evidence you provided shows your needs have not changed, and are continuing, I have given you a longer award. Your rate of PIP has not changed"

"I decided you need prompting from another person to undertake a journey to avoid causing you significant mental distress."

Surely this is contradictory. If they are acknowledging in their own words that my needs have not changed, and that their descriptors previously chosen are correct, then why give me a lower score?

Would I be correct in basing my request for a MR on this?

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7 years 1 month ago #185003 by Gordon
reiver

The first thing to say is if you are looking to score against Descriptors (b) and (e) of the Going Out activity then you are not actually affected by the changes to the Descriptors for this activity.

Descriptor (e) reads

e. Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant.

There are two components to this;

You must show that you experience "overwhelming psychological distress". This should be no problem as your previous award accepted that you met this requirement and the same wording is used in (b) which you have met this time.

Secondly you must show that you "Cannot undertake any journey". It should be possible to argue that "cannot" does not mean "never" as the requirement to perform the activity reliably still applies, but I think the standard you will need to meet will be far higher than the normal " majority of days".

Did you attend the assessment on your own? If you did then this argues strongly against you meeting the requirement and may be the reason why you have now only been considered to meet (b).

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 1 month ago #185005 by Gordon

reiver97 wrote: Oh, forgot to add the following.

In the section of the award letter, "My Decision" it states the following.

"I looked at the information you provided and the further health professional consultation and decided the descriptors previously chosen are correct."

"When we made our previous decision we gave you PIP for a set time because we expected your needs to change. As the evidence you provided shows your needs have not changed, and are continuing, I have given you a longer award. Your rate of PIP has not changed"

"I decided you need prompting from another person to undertake a journey to avoid causing you significant mental distress."

Surely this is contradictory. If they are acknowledging in their own words that my needs have not changed, and that their descriptors previously chosen are correct, then why give me a lower score?

Would I be correct in basing my request for a MR on this?


It is something to raise in your MR, but is not reason in itself to revise the Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: reiver97

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7 years 1 month ago #185019 by reiver97
Thank you Gordon. Particularly over the clarification regarding Mobility descriptors.

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