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PIP: Appealing Question 11; following a journey

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6 years 11 months ago #186643 by ivor
Can anyone help? : 11. Planning and following journeys

Due to having Austim and schizophrenia, I am appealing my PIP mobility award, as they only gave me 4 points( prompting) instead of 11d: cannot follow unfamiliar journey without person.

Although my application date for PIP ( transfer from DLA) was received on the 5 December 2016, DWP want my appeal dismissed on the grounds that the recent changes which came in on the 16 March 2017, where they state,' statutory instrument came in and restored the position as the Secretary of State understood it to be prior to the decision in SSWP v LB (2016) UKUT 0530 (AAC) and HM v SSWP (2016) UKUT 0531 (AAC). ????

Now I am no lawyer, and totally bricking myself to go to this appeal. But can someone help me on this:

I thought because my application was well in before the recent law change that I could argue case law like AGNEW, which supported the view that 11d could be demonstrated that I need a person with me, rather than a dog or stick. And indeed my argument was to demonstrate that a person goes way the limited use of a dog or stick. I'm I right to think this?

Given the recent change in law, am I wasting my time to appeal this.

I thought the change in the law only affected the new decisions after the 16 March, which should mean that the tribunal should in act in implementing the law pre 16 march, I'm I right ?

Also would be really grateful if anyone has been successful in persuading 11d should be awarded with someone more with psychological distress and mental/ developmental issues. Even if you give me pointers or case law that would support me or ifa dedicated legal representation service excises. As I fear, I don't have the specific legal areas of expertise or knowledge.

I feel totally out of my depths here and don't have the social or professional help available due me due to the exact issues I can't get out of my house, which made me apply for PIP in the first instance.

Thanks very much, anything will be appreciated

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6 years 11 months ago #186655 by Gordon
Ivor

I think that the DWP are pushing their luck with this statement, an appeal re-makes the original Decision so should use the law that was in force at the time that the Decision was made. The change to the PIP Descriptors cam into force on 16 March and the SI makes it quite clear that it applies from that date and not before.

We have had members receive 11f due to mental health issues. Remember, irrelevant of the issues that the claimant has 11d and 11f are about following or navigating a route so your will need to show that you are unable to do this reliably, on the majority of days.

Gordon

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