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PIP claim and evidence

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7 years 2 months ago #180013 by Gordon
Replied by Gordon on topic PIP claim and evidence
Cruella

The DM's Statement of Reason should have been included in the Decision Letter.

The PIP Going Out activity is split into three tasks

Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity.

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. 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, to score for mental health issues you will need to show that your anxiety is so extreme that it would prevent you from actually navigating the route.

Although the DWP guidance makes reference to the use of Public Transport, the legally defined Descriptor make no such reference and we regularly see this used by Decision Makers to deny points.

So the questions you need to answer are;

Can you show that your anxiety is sufficient to cause you to suffer "overwhelming psychological distress"?

Can you show that your anxiety and phobia would effect your cognitive ability so greatly that it would prevent you from navigating a route?

I don't believe you can assume that a panic attack would automatically effect cognitive ability to the degree needed and the burden of proof for this will of necessity be very high, as the DWP primarily see cognitive issues as being the result of developmental problems or brain damage.

Gordon

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7 years 2 months ago #180026 by Perdita
Replied by Perdita on topic PIP claim and evidence
Well my anxiety is too high for me to get on a bus in the first place! I do not actually manage to get on any bus, train etc so I guess you could say that whether I could navigate on public transport is irrelevant. Do you agree? Also I have personal physical problems that are not even cognitive related preventing me from using public transport so irrelevant again especially as not even cognitive related, I assume you agree. I would not have a clue how to use public transport though because my personal physical problems and anxiety have prevented me from doing so for nearly 40 years! Sadly I have never travelled outside my home town independently but this lack of not knowing how to use public transport/navigating is down to lack of experience rather than lack of intellect/cognitive function. I assume you agree again. They obviously did not accept my difficulties with walking either, which does not surprise me. However despite the fact I see how they came to the conclusion of 4 points for mobility, with my conditions not fitting the descriptors, I really really am so not mobile! Do you agree with my thinking on the whole here, bearing in mind what I have written, the very few cases that improve award wise when going through reconsideration, combined with the fact I just squeezed in on the enhanced daily living with 13 points, that it may well be better to stick rather than twist. I mean accept and be pleased with the enhanced daily care award rather than go to reconsideration?( Like you say navigating would not normally be hampered hugely by anxiety, I imagined it would for me but then that is really because I have no experience of navigating, but if I could actually use public transport, I have the intellect/cognitive level to learn). I think I get it now, lol, it all comes down to cognitive functioning. Are you basically in agreement with my comments ?

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7 years 2 months ago #180031 by Gordon
Replied by Gordon on topic PIP claim and evidence
Cruella

It not my role to agree or disagree with your arguments all I can do is make sure that you understand the criteria that you will need to meet in order to receive a Mobility award.

As I explained, you need to meet either or both of the criteria in my previous post to score higher for a Mobility award, assuming that physical problems do not restrict your walking as well. If you believe that you can show this then you should consider challenging the Decision, if you cannot then there would seem to be no value in pursuing the matter further.

Gordon

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7 years 2 months ago #180130 by Perdita
Replied by Perdita on topic PIP claim and evidence
HI , i think Mrs Hurtyback was interested in the time scales I was getting with my claim, she wanted to know when I received my award letter. Well I received it today. I have no idea how the points system has worked, I knew by talking over the phone that I had 13 points for daily living in total, well now I can see the breakdown. Although I am happy to receive enhanced, the points are not how I expected. For example I expected to get a high score for washing and bathing because a shower takes me hours due to OCD . i got 2 points. I thought with the DWP reliability guidance of an activity taking more than twice as long as an able person meant you are classed as not being able to do that activity at all and would score the top points. i cannot understand how the DM has scored through most of my claim really, it seems they did not know about the reliability aspect of scoring. IS it possible do you think that a DM might not know the reliability factors they are meant to follow?

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7 years 2 months ago #180173 by Gordon
Replied by Gordon on topic PIP claim and evidence

Cruella wrote: i cannot understand how the DM has scored through most of my claim really, it seems they did not know about the reliability aspect of scoring. IS it possible do you think that a DM might not know the reliability factors they are meant to follow?


I would say that it is perfectly possible that both the assessor and the DM do not understand the reliability criteria.

Gordon

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7 years 2 months ago #180202 by slugsta
Replied by slugsta on topic PIP claim and evidence
Hi Cruella,

Thanks for letting us know that you now have your award letter. I never consider a decision to be confirmed until the claimant has received this.

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