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PIP Mandatory Reconsideration - Descriptor 11D
- Augustus
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10 years 5 months ago #126227 by Augustus
PIP Mandatory Reconsideration - Descriptor 11D was created by Augustus
I had a decision on my PIP in September which awarded me lower rate mobility and I asked for this to be reviewed.
My problem hinges on the familiar question of descriptor 11D - unfamiliar journeys. They did not change the decision.
ATOS/DWP are making a distinction, claiming I cannot use public transport for physical reasons, but I can because I have no cognitive or sensory impairment. ATOS approved taxi fares for my assessment in advance.
So for this activity I am left confused. Would an appeal tribunal feel the same?
The DWP PIP Assessment Guide says [pp116-117] " A person should only be considered able to follow an unfamiliar journey if they would be capable of using public transport."
Is this DWP distinction about going out by public transport for one reason [and being prompted] but not being being able for another reason one that is familiar to the panel?
DWP insists that the escort I need to go out with is only to prompt me.
I know you can't advise about whether to appeal, but I wanted to check that 11D is only about cognition etc, clinically diagnosed.
And I am wondering whether they would consider the impact of physical pain on cognition and reaction times in an unfamiliar environment, when an immediate response is required.
I stressed all this but seemingly to no avail.
Grateful for any thoughts on how to approach this .
Thank you
A
My problem hinges on the familiar question of descriptor 11D - unfamiliar journeys. They did not change the decision.
ATOS/DWP are making a distinction, claiming I cannot use public transport for physical reasons, but I can because I have no cognitive or sensory impairment. ATOS approved taxi fares for my assessment in advance.
So for this activity I am left confused. Would an appeal tribunal feel the same?
The DWP PIP Assessment Guide says [pp116-117] " A person should only be considered able to follow an unfamiliar journey if they would be capable of using public transport."
Is this DWP distinction about going out by public transport for one reason [and being prompted] but not being being able for another reason one that is familiar to the panel?
DWP insists that the escort I need to go out with is only to prompt me.
I know you can't advise about whether to appeal, but I wanted to check that 11D is only about cognition etc, clinically diagnosed.
And I am wondering whether they would consider the impact of physical pain on cognition and reaction times in an unfamiliar environment, when an immediate response is required.
I stressed all this but seemingly to no avail.
Grateful for any thoughts on how to approach this .
Thank you
A
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- Gordon
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10 years 5 months ago #126232 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Mandatory Reconsideration - Descriptor 11D
Augustus
A tribunal will make use of the DWP PIP guidance as a source of reference in regard to the meaning and interpretation of each Descriptor, although they are not bound by it, but a claimant would need to make a strong case for them to move away from it.
I can only refer you to a fuller quote from the guidance.
If your limitations are physical and not because you are blind or sight restricted, then I think it unlikely that your argument about not being able to use public transport will be considered.
Gordon
A tribunal will make use of the DWP PIP guidance as a source of reference in regard to the meaning and interpretation of each Descriptor, although they are not bound by it, but a claimant would need to make a strong case for them to move away from it.
I can only refer you to a fuller quote from the guidance.
A person should only be considered able to follow an unfamiliar journey if they are capable of using public transport (bus or train).
‘Follow’ does not include the physical act of moving, it is the cognitive and intellectual ability to reliably follow a route that should be considered.
If your limitations are physical and not because you are blind or sight restricted, then I think it unlikely that your argument about not being able to use public transport will be considered.
Gordon
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- rita hill
10 years 2 weeks ago #132641 by rita hill
Replied by rita hill on topic PIP Mandatory Reconsideration - Descriptor 11D
hi, i am dyslexic and need to use a tom tom to go anywhere in my car,is this sufficient to claim 11d
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- Gordon
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10 years 2 weeks ago #132663 by Gordon
I am afraid that I think it unlikely, but I am seeking further advice about the use of satellite navigation in regard to PIP but this make take several days.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Mandatory Reconsideration - Descriptor 11D
rita hill wrote: hi, i am dyslexic and need to use a tom tom to go anywhere in my car,is this sufficient to claim 11d
I am afraid that I think it unlikely, but I am seeking further advice about the use of satellite navigation in regard to PIP but this make take several days.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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