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What Does 'Plan & Follow A Journey' mean?

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7 years 9 months ago #163838 by Gordon
Replied by Gordon on topic What Does 'Plan & Follow A Journey' mean?
stampcoverman

The Pip Claim guide is based on the legal definitions for each activity, the DWP guidance to assessors, PIP Case law as it becomes available and three years of advising claimants on how the benefit is operated.

The PIP Mobility activities are one of the few areas where the new benefit follows DLA where the Lower rate was awarded for problems with planning, going out and following a route due to mental health or cognitive issues and the Higher rate was awarded for physical problems that limited the distance that a claimant could walk and sensory issues.

It Is your claim and only you profit or lose by it's success so it is important that you fill out the PIP2 as you feel is most appropriate to your limitations, our role is to try and explain the process and the way that claimants can score points, so you can follow or ignore our advice as you see fit, we won't take offence.

Gordon

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7 years 9 months ago #163849 by stampcoverman
Replied by stampcoverman on topic What Does 'Plan & Follow A Journey' mean?
OK Gordon, I appreciate your comments. Qualification for DLA High rate mobility was to give the claimant financial support (e.g Motability or extra cash) in an attempt to take into account the extra costs incurred by a person with a physical mental disability or an illness that caused disability (e.g Multiple Sclerosis)

So what you seem to be telling me is that you can only get a similar award (e.g Enhanced Rate Mobility PIP) If you can't walk further than 20 feet without physical problems OR you have mental disabilities which son't allow you to 'plan and carry out a journey'

It sounds biased towards mental illness instead of physical disability. Are you telling me that it is a legal case that the physical disability of not being able to get out and about is now irrelevant in the laws of PIP?

Please explain if I misunderstand.

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7 years 9 months ago #163854 by Gordon
Replied by Gordon on topic What Does 'Plan & Follow A Journey' mean?
stampcoverman

You need to score a total of 12 points across both of the two mobility activities, this could be achieved for a variety of reasons and conditions and to correct you, it is metres not feet :)

If you are saying that you cannot leave the house for physical reasons but this is not due to your having problems with the distance you can walk, then I think you will struggle to score points, but if this is the case then you have nothing to lose by arguing your case and I would be more than happy to be proved wrong by your being awarded points.

I suspect that those members trying to score points for PIP Mobility might disagree that the test is biased towards mental health issues.

Gordon

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7 years 9 months ago #163860 by stampcoverman
Replied by stampcoverman on topic What Does 'Plan & Follow A Journey' mean?
Hi Gordon - I do appreciate these fast responses - and I'm almost at the point where I will stop bothering you and let it be - I have made my point clearly and this 'debate' is all very informative and helpful and I understand your comments - fine - I need 12 points from those 2 questions.

BUT - Who has decided the legal position - that 'Planning and following a journey' has nothing to do with physical disability or illness. What makes you so sure that the PIP guide is the Oracle? Does the application form (the definitive) actually spell that position out? Has anyone asked a lawyer?

In fact just reading the PIP guide again about 'Planning and Carrying Out A Journey' it does include the physical disabilities - as it suggests that a visual impairment is considered - as I said earlier - in my case the visual impairment is caused by a fused spine. I can't cross the road safely or see where I'm going because my head is fixed looking at the floor - and - I can't see out of a car - Apart from that - I could plan a journey but I would never be able to carry it out - apart from walking somewhere locally. So I do think the whole area of assessing mobility is extremely ambiguous. Once again I ask - What is the reason for the benefit? Has everyone lost the reason it was introduced in the first place?

f. Cannot follow the route of a familiar journey without another person, an assistance dog or an
orientation aid. 12 points.


That does sound like me?

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7 years 9 months ago #163877 by Gordon
Replied by Gordon on topic What Does 'Plan & Follow A Journey' mean?
stampcoverman

There are two reasons that we are confident that our view of the Going Out activity is correct.

First the DWP guidance states for this activity;

This activity was designed to assess the barriers claimants may face that are associated with mental, cognitive or sensory ability.


I'll stress that the guidance is not law and we don't always agree with it but this is a case where we have consistently seen claimants fail to score points for this activity where the underlying cause of their problems has been physical, this has been supported at Tribunal and the Upper Tribunal.

Looking at your latest post. First of all I did say that sensory issues are included in one of my earlier posts.

If you are saying that your physical problems mean that your sight is so restricted that you cannot reliably follow a route then it may be possible for to score point in this activity, however, I think that you will still struggle.

Decision Makers are not medially trained and often lack imagination when dealing with issues that do not follow the norm. I think it likely that they will see sensory problems as referring to the blind or the deaf, so you will need to explain detail how you are restricted and the similarity of your problems to those that a blind person might experience. Even then it may be that you would only receive points at appeal, where those scoring you can actually see you and ask you about your difficulties.

I am of course more than happy to be proved wrong.

Gordon

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

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7 years 9 months ago #163900 by stampcoverman
Replied by stampcoverman on topic What Does 'Plan & Follow A Journey' mean?
OK Gordon - Thanks for the 'heads up' - but please advise me - What is the point of PIP Enhanced Mobility payments if they are not incentives for getting 'Out and about'?

If they are purely based on how far one can walk then the Irony is that for my type of spinal condition - doctors always advise to try and walk and get as much 'physio' and exercise as possible - to minimize the pain and fatigue.

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