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PROMPTING ETC
- DRAGON2009
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7 years 10 months ago #190207 by DRAGON2009
PROMPTING ETC was created by DRAGON2009
I have a PIP report that says I need prompting to engage with others. But the evidence was that I require social support, that I will not mix socially otherwise. Isn't prompting the need for encouragement to do it rather than social support ? As regards cooking it reports I need prompting to cook whereas I had argued low motivation, accidents with burning food as dfistracted and walk away. I also said OCD routines mean the dinner takes twice as long as it would,. Is needing someone to ensure you do not burn dinner supervision or prompting ? and OCD if it takes 2 x longer to cook a dinner (or more than 2 X ) then doesnt that mean one cannot be deemed to cook at all ? Also prompting to undetake journeys. My evidence (a s it was unde r DLA previously, that I wont go to unfamiliar places as have problems with panic and severe anxiety and without support I dont do it . GP evidence supported difficulties with public places and social isolation I dont think this is 'prompting' and my claim was made before the statutory instrument changed the points system. Am I right about prompting being about starting AND maintaining activity but that if one requires that person constantly throughout ( for safety etc) it becomes supervision or social support . No doubt if I made a mandatory reconsideration request they would (if they agreed with the need for social support) give me the 4 points and not the higher level and I would have to 'have it out' with a tribunal about whether such need shoudl be assessed on the basis of the Upper Tribunal judgement that preceeded the change to the regs earlier this year ?>
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- Gordon
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7 years 10 months ago #190230 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PROMPTING ETC
XFACTOR
The Mixing With Other People activity clearly distinguishes between prompting and requiring Social Support, so the immediate question is whether you clearly showed a need for
"support from a person trained or experienced in assisting people to engage in social situations"
The Preparing Food argument is I think more complicated. I think that it will be difficult to argue that you "cannot prepare and cook food" due to your OCD, although it is not impossible. It is an extremely high standard to reach and I assume that you can complete the activity, albeit not within a reasonable timescale. There is also a change in the wording for the Descriptor which may count against you, but I do think you have a reasonable argument for meeting (e).
Ignoring the planning of a route the remaining Descriptors fall into two categories, undertaking a journey ((b) and (e)) and following a journey ((d) and (f)).
You post suggests you fall under the former rather than the latter which is an issue of being able to navigate a route,
To score the 10 points for (e) you would need to show that you
"Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant."
You should be able to argue that "cannot" does not mean "never" due to the need to complete the activity reliably, but I think you would still need to show that you cannot leave your home for the vast majority of time, rather than the normal "majority of days". It's not clear from your post that this is the case as this is not specifically an issue an issue of supervision or social support.
You can write to the DWP, with your thoughts on the report and it may influence the DM's final Decision, if they have not already made one. But it's likely that you will have to request an MR if the DM follows the assessors recommendations.
Gordon
The Mixing With Other People activity clearly distinguishes between prompting and requiring Social Support, so the immediate question is whether you clearly showed a need for
"support from a person trained or experienced in assisting people to engage in social situations"
The Preparing Food argument is I think more complicated. I think that it will be difficult to argue that you "cannot prepare and cook food" due to your OCD, although it is not impossible. It is an extremely high standard to reach and I assume that you can complete the activity, albeit not within a reasonable timescale. There is also a change in the wording for the Descriptor which may count against you, but I do think you have a reasonable argument for meeting (e).
Ignoring the planning of a route the remaining Descriptors fall into two categories, undertaking a journey ((b) and (e)) and following a journey ((d) and (f)).
You post suggests you fall under the former rather than the latter which is an issue of being able to navigate a route,
To score the 10 points for (e) you would need to show that you
"Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant."
You should be able to argue that "cannot" does not mean "never" due to the need to complete the activity reliably, but I think you would still need to show that you cannot leave your home for the vast majority of time, rather than the normal "majority of days". It's not clear from your post that this is the case as this is not specifically an issue an issue of supervision or social support.
You can write to the DWP, with your thoughts on the report and it may influence the DM's final Decision, if they have not already made one. But it's likely that you will have to request an MR if the DM follows the assessors recommendations.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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