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Mandatory reconsideration

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7 years 1 month ago #182732 by Doodle
Mandatory reconsideration was created by Doodle
Hi, I need help please. I am in the process of putting together a letter for my mandatory reconsideration . I suffer from epileptic and non epileptic daily seizures ( app 3 a day) they are unpredictable and if I have a warning I am unaware of it as I lose all perception of awareness.. Due to this I am unable to go out alone ever. It is not safe for me to do so. I am unable to travel on public transport. Yet I scored 0 points for the descriptor "Planning & Following a journey" I need constant encouragement to step outside even whilst accompanied. I get points for moving around as I am unable to walk very far at all & always with a stick due to arthritis and use a wheelchair for longer distances. However not enough to get high rate mobility..The lady on the phone said I would not get it as it was about mentally planning & mentally following a journey not actually doing it? I also suffer from anxiety & depression, I rely on that money, as we all do, and I'm scared that we'll lose everything because of these cuts. The assessor has been untrue on the assessment form and downplayed my illness. She has however stated on the informal observations that i walk slowly and with a bent gait, do you think that this may help me get upgraded to high rate mobility, i presently get 10 points for moving around, should this observation justify 12 points as it has been noted that i cannot complete the task in a timely manner? I'm in such a state, any help is appreciated. Thank you in advance. Xx.

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7 years 1 month ago #182761 by Gordon
Replied by Gordon on topic Mandatory reconsideration
Doodle

The Moving Around activity is about your standing and moving, points are dependant on the distance that you can reliably walk on the majority of days.

To score points, you must first show that the distance you can walk is not more than 20m!, you may be able to show this is the case because of the speed of your walking; you need to be walking at no more than half the speed that a healthy person would be expected to, I think it unlikely that anecdotal evidence of this will be sufficient, you need to provide empirical data of your walking speeds.

The Going Out activity looks at three areas.

Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning..

Undertaking a Journey - this is do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.

Following a route - the DWP regard this as a cognitive or sensory activity to do with navigating the route, so you would need to argue that a seizure would leave you unable to navigate a route and do so for sometime after.

Although the DWP guidance refers to the use of Public Transport, the legally defined Descriptors do not and we regularly see Decision Makers deny points for this reason, so I would not rely on this.

Gordon

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

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7 years 1 month ago #183331 by Doodle
Replied by Doodle on topic Mandatory reconsideration
Thank you Gordon.
Kind regards x

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