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TOPIC: GP letter

GP letter 1 week 3 days ago #170660

  • Gordon
  • Forum Moderator

The Going Out activity breaks down into three tests;

- The claimants ability to plan a route. This is primarily a cognitive issue but someone with sensory issues may also be able to show that they cannot do this, for example if they were blind

- The claimants ability to follow a route (my words). This is about their ability to go out and is primarily a mental health issue, conditions such as Agoraphobia and Social Anxiety would be relevant.

- Lastly the claimants ability to navigate the route, this is seen by the DWP as being a cognitive or sensory issue.

You can certainly argue that you suffer cognitive issues due to your mental health problems, but you will need to provide a detailed explanation of how you are affected and will likely have to provide examples in other areas of similar impairment, a good example might be Preparing a meal where you might be expected to follow a recipe, or Budgeting Decisions.

Unfortunately, the DWP and as a consequence the assessors, have a very naïve view of what cognitive impairment is, they primarily see this as being due to learning difficulties or brain injury. Historically arguments about the impact of mental health issues have not been very successful, they are received better at appeal but we have seen a worrying trend of the DWP challenging these Decisions to the Upper Tier Tribunal. It's still too early to get a view of how these are being received.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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