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PIP Decision advice needed
- gaz111
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8 years 2 months ago #150471 by gaz111
PIP Decision advice needed was created by gaz111
Hi,
I've received my PIP decision and I've been awarded daily living at the same rate as my previous DLA but I've been awarded nothing for mobility under PIP whereas I was receiving the low rate under DLA.
I am fine with the daily living component although the points I got were far less than the ones that truly reflect my condition but I just have enough for my award. A lot of what I put on my form and told the HP at the assessment was obviously not taken in to account, eg, I told them about my difficulties with cooking and that I don't cook and need supervision as it's dangerous for me yet was still only awarded 2 points for 'promoting'
Now, my difficulties are mental health related and I was just wondering if I should consider a mandatory consideration?
Could I get this on the mobility only part?
As I've got the daily living award I need ( Although it's not accurate, in terms of points, I have enough for the correct award for me ) or would they look at everything again? I don't want to lose my daily living award.
I think I meet the descriptor for standard mobility due to my problems with travelling. Again, I told them all this and wrote it down yet was still awarded nothing. The centre even got me a taxi home as I could t use public transport.
Seems they just make it up as they please.
Any advice appreciated.
Thank you
I've received my PIP decision and I've been awarded daily living at the same rate as my previous DLA but I've been awarded nothing for mobility under PIP whereas I was receiving the low rate under DLA.
I am fine with the daily living component although the points I got were far less than the ones that truly reflect my condition but I just have enough for my award. A lot of what I put on my form and told the HP at the assessment was obviously not taken in to account, eg, I told them about my difficulties with cooking and that I don't cook and need supervision as it's dangerous for me yet was still only awarded 2 points for 'promoting'
Now, my difficulties are mental health related and I was just wondering if I should consider a mandatory consideration?
Could I get this on the mobility only part?
As I've got the daily living award I need ( Although it's not accurate, in terms of points, I have enough for the correct award for me ) or would they look at everything again? I don't want to lose my daily living award.
I think I meet the descriptor for standard mobility due to my problems with travelling. Again, I told them all this and wrote it down yet was still awarded nothing. The centre even got me a taxi home as I could t use public transport.
Seems they just make it up as they please.
Any advice appreciated.
Thank you
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- Gordon
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8 years 2 months ago #150495 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Decision advice needed
Gaz
You can ask them to look at he Mobility component only but they can, at their discretion look at the whole claim and usually do!
Recent guidance following a several Upper Tribunal Decision, has narrowed the opportunity for a claimant to receive a Mobility award purely on mental health grounds, this is covered in the latest PIP Claim guide.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should also make sure that you have a good understanding of the PIP Mobility criteria to see whether you have a realistic prospect of an award should you challenge the Decision.
Gordon
You can ask them to look at he Mobility component only but they can, at their discretion look at the whole claim and usually do!
Recent guidance following a several Upper Tribunal Decision, has narrowed the opportunity for a claimant to receive a Mobility award purely on mental health grounds, this is covered in the latest PIP Claim guide.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should also make sure that you have a good understanding of the PIP Mobility criteria to see whether you have a realistic prospect of an award should you challenge the Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- gaz111
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8 years 2 months ago #150653 by gaz111
Replied by gaz111 on topic PIP Decision advice needed
Thanks Gordon,
Well they can look at the whole thing again as I feel I was underscored on some things in the daily living. I told the HP that I dont and couldn't cook and he asked me why so I explained all the problems relating to me doing this safely and repeatedly. It's all also on my form in black and white yet was only awarded 2 points for prompting rather than for supervision.
With regards to the mobility, I got 4 points for promoting and it says in the notes they understand travelling is difficult for me. I explained to the HP that I cannot always use public transport because it makes my condition much worse. I can't do this day in and day out. I've been lost before, become suicidal on journeys due to the stress, not been able to be in the right frame of mind to plan the rest of my route etc... Also, I cannot even plan a journey when I'm either so depressed or manic. I've told them all this.
The DWP guidance has clearly told them that mobility is not for mental health but if I meet the descriptor then that shouldn't matter?
When I rang the DWP yesterday to ask for a copy of my medical assessment the lady told me this would take weeks.... She asked me if I was considering a MR and said 'You do know you can lose the ward too or it can be for a reduced period of time?' It's as if the DWP say this to frighten claimants in to not proceding to challenge any decision.
I've got a 5 year award at enhanced daily living but no mobility but my conditions gets worse when travelling and I can't always do this task yet I've not been awarded anything for it? I've only been awarded for the prompting to avoid distress yet the journey itself actually causes distress, the 'prompting' doesn't help it!
Makes me angry as there will be so many people not receiving the right amount of support they need due to the government cutting costs and trying any tactics to deny people ( vulnerable and the sick ) any award,
Quite frankly it skinks,
This site is a huge help for people.
Thank you so much for all your work Gordona no the team.
Well they can look at the whole thing again as I feel I was underscored on some things in the daily living. I told the HP that I dont and couldn't cook and he asked me why so I explained all the problems relating to me doing this safely and repeatedly. It's all also on my form in black and white yet was only awarded 2 points for prompting rather than for supervision.
With regards to the mobility, I got 4 points for promoting and it says in the notes they understand travelling is difficult for me. I explained to the HP that I cannot always use public transport because it makes my condition much worse. I can't do this day in and day out. I've been lost before, become suicidal on journeys due to the stress, not been able to be in the right frame of mind to plan the rest of my route etc... Also, I cannot even plan a journey when I'm either so depressed or manic. I've told them all this.
The DWP guidance has clearly told them that mobility is not for mental health but if I meet the descriptor then that shouldn't matter?
When I rang the DWP yesterday to ask for a copy of my medical assessment the lady told me this would take weeks.... She asked me if I was considering a MR and said 'You do know you can lose the ward too or it can be for a reduced period of time?' It's as if the DWP say this to frighten claimants in to not proceding to challenge any decision.
I've got a 5 year award at enhanced daily living but no mobility but my conditions gets worse when travelling and I can't always do this task yet I've not been awarded anything for it? I've only been awarded for the prompting to avoid distress yet the journey itself actually causes distress, the 'prompting' doesn't help it!
Makes me angry as there will be so many people not receiving the right amount of support they need due to the government cutting costs and trying any tactics to deny people ( vulnerable and the sick ) any award,
Quite frankly it skinks,
This site is a huge help for people.
Thank you so much for all your work Gordona no the team.
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- Gordon
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8 years 2 months ago - 8 years 2 months ago #150666 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Decision advice needed
Gaz
Some points you might want to consider, although it may seem it, I'm not trying to influence you in either direction , I'm not! I'm just trying to make sure that you are fully informed.
If you have an Enhanced Daily Living award then scoring extra points for this is something of pyrrhic victory as it will not change your award, conversely, you are risking the points you have received being reduced.
Although the PIP Guidance refers to the use of Public Transport, the legal definitions do not make any such reference and we have seen Decision Maker reduce the points recommended on this basis.
To increase your score on just the Going Out activity you need to meet;
Recent Upper Tier Tribunal Decisions make it very difficult for those with mental health issues to score points for (d) and (f) as they have taken the view that the emphasis is on the word "follow" and that the issue in question is about navigation, not an inability to traverse the route. See the guide for more details.
This leaves you (c) and (e), both make absolute references, in other words they do no allow for the claimant being able to sometimes perform the activity and sometimes not, whilst it may be possible to argue that this does not necessarily mean "never" you would certainly have to show that you cannot perform (c) and (e) reliably on the majority of the days.
Gordon
Some points you might want to consider, although it may seem it, I'm not trying to influence you in either direction , I'm not! I'm just trying to make sure that you are fully informed.
If you have an Enhanced Daily Living award then scoring extra points for this is something of pyrrhic victory as it will not change your award, conversely, you are risking the points you have received being reduced.
Although the PIP Guidance refers to the use of Public Transport, the legal definitions do not make any such reference and we have seen Decision Maker reduce the points recommended on this basis.
To increase your score on just the Going Out activity you need to meet;
c. Cannot plan the route of a journey. 8 points.
d. Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid. 10 points.
e. Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant. 10 points.
f. Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points.
Recent Upper Tier Tribunal Decisions make it very difficult for those with mental health issues to score points for (d) and (f) as they have taken the view that the emphasis is on the word "follow" and that the issue in question is about navigation, not an inability to traverse the route. See the guide for more details.
This leaves you (c) and (e), both make absolute references, in other words they do no allow for the claimant being able to sometimes perform the activity and sometimes not, whilst it may be possible to argue that this does not necessarily mean "never" you would certainly have to show that you cannot perform (c) and (e) reliably on the majority of the days.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 months ago by Gordon.
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- foss27
8 years 2 months ago #150668 by foss27
Replied by foss27 on topic PIP Decision advice needed
Hi Gaz
You should follow up your request for the assessors report in writing.
Whilst it can take weeks it usually doesn't.
You can request the MR if you want to which must be within 28 days and say you are going to submit evidence etc once you have the assessors report which you were told could take weeks.
If you get the report and you don't think the MR worthwhile you can always withdraw but you really need to see the report to see what things in it you can challenge.
You should follow up your request for the assessors report in writing.
Whilst it can take weeks it usually doesn't.
You can request the MR if you want to which must be within 28 days and say you are going to submit evidence etc once you have the assessors report which you were told could take weeks.
If you get the report and you don't think the MR worthwhile you can always withdraw but you really need to see the report to see what things in it you can challenge.
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- gaz111
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8 years 2 months ago #150676 by gaz111
Replied by gaz111 on topic PIP Decision advice needed
Hi,
Question about the length of PIP awards....
If a PIP award is until 2018 and they ask you to renew the year before and this is completed before the PIP award end does the new award or cancellation of award end on the date of the original length or the new reassessment? So would the award end in 2018 or could it end before if they re assess a year before?
Hope you understand the question.
Question about the length of PIP awards....
If a PIP award is until 2018 and they ask you to renew the year before and this is completed before the PIP award end does the new award or cancellation of award end on the date of the original length or the new reassessment? So would the award end in 2018 or could it end before if they re assess a year before?
Hope you understand the question.
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