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PIP Query MH Planning and following a journey

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7 years 1 month ago #182063 by Chaps
Hi. I'm having difficulty with this. I suffer a series of MH issues including Depression, Anxiety, Agoraphobia, Social Phobia. I drive and can go out but it is severly limited as to where I go and how often depending on how I feel. I have mobility problems and was awarded 4 points. My problem is that I can occasionally go out in my car, however, If I were to try to go anywhere other than in my own car I am unable to do so. I am unable to use public transport or taxi's. The only time I walk outside is if I had an appt or for a shop, the car parked nearby. Otherwise I am accompanied by somebody. I am sensible knowing when I am ok to go anywhere in the car, but if it came to leaving my home to walk anywhere without my car I could not do it. I am concerned whether Planning and following a journey would be mis-construed

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7 years 1 month ago - 7 years 1 month ago #182105 by Gordon
Mizzie

Despite the DWP advice including references to Public Transport and taxis, these are not specified in the legal definitions of the PIP Descriptors and we regularly see points being denied for this reason.

You would need to show that you "Cannot undertake any journey because it would cause overwhelming psychological distress" to you, to receive an award.

This needs to be done reliably and on the majority of days.

Your comments that you drive and that you go out for an appointment and to shop, are unlikely to be helpful in your meeting this requirement.

See the latest PIP Claim guide for more information.

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

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 1 month ago by Gordon.

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7 years 1 month ago #182113 by Chaps
I don't go out on the majority of days due to how I am on the day, therefore I feel it is unreliable. I have no choice but to go occasionally as i live on my own. I do very little food shopping, do not socialise other than going to a friends for an hour every 2 weeks or parent once a week if able. I should be trying to remain mobile as advised by consultant but this is difficult due to health issues. I was awarded 4 points for mobility but scored zero for MH. My engagement on the assessment was poor as I find it difficult to express myself effectively. Yes, I can talk, but can't concentrate on what the person is asking to give an appropriate answer.

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7 years 1 month ago #182116 by Chaps
with the car and parking close to my destination I sometimes manage, however without that then yes I would be affected overwhelmingly with distress and would be housebound.

Is the process of the preparation it takes in order to get out of the house relevant and how when eventually you do get out, the time of day e.g. quiet times, using a high level of avoidance etc relevant.

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7 years 1 month ago #182117 by DRAGON2009
Replied by DRAGON2009 on topic PIP Query MH Planning and following a journey
Isnt it the case that a journey begins at A and ends at B. Frequently the joruney will not be door to door in a car so if Paula (with agarophobia) cannot walk in public from the car park to the destination then ( this is in theory for clarification purposes) there would be un inability to complete a journey (that is if by 'undertaking a journey the descriptor assumes the journey is completed) I would say that very often indeed the ability to drive a car only tgets the driver to within half a mile of their destination.
I imagine that if Paula cannot manage that PIP in theory for assessment purposes journey more than half the time by car or any means then she should score ?


I would certainly be interested to know how would someone who cannot get out of their immediate town or locality for psychologica;l reasons fare with the descriptors ?

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7 years 1 month ago #182128 by Gordon

Mizzie wrote: with the car and parking close to my destination I sometimes manage, however without that then yes I would be affected overwhelmingly with distress and would be housebound.

Is the process of the preparation it takes in order to get out of the house relevant and how when eventually you do get out, the time of day e.g. quiet times, using a high level of avoidance etc relevant.


You should certainly document any issues you have in actually leaving the house, especially if this takes a long time.

The higher point Descriptor uses the word "cannot", whilst you can certainly argue that this does not means "never" when taking the majority of days into account, any examples of you going out on your own will count against you.

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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