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OPD review new rules

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5 years 1 week ago #237662 by riversong
OPD review new rules was created by riversong
hi, i have recieved on the review of my mobilty relating to the new rules, i was given 4 points in feb 1917 for discriptor B, the assessor also said i am unable to give you an award for mobilty at this time. The letter i have received recently dated 03/09/2019 says I have looked at your pip claim from 28th nov 2016 because of the changes in the law on how pip claims are decided the changes are MH V DWP, tribunal judgemrent this relates to how overwhelming OPD is consideredwhen assessing the abilty of someone to plan and follow a journey T he changes apply from 28th nov 2016. t he threshold for OPD is a very high one Although you have difficulty with anxiety, the evidence does not suggest that this results in you being unableto complete journeys on the majority of days without being overwhelmed. Your difficulties have already been considered in your award and the judgement does not impact on this. RJ V DWP tribunal judgement, this relates to how we decide whether someone can carry out a activty safely. This change applied from 9th march 2017 During this period under consideration there is no evidence that there was a significant risk to safety whilst planning and following a journey or moving around that has not already been considered and as you already have the enhanced rate of daily living the judgement will not impact on your award of this component We have re-examined your claim and there is no evidence to suggest a change based on the upper tribunals decisions above. I read an article in one of the national papers in july regarding the changes, it said that only 3.500 claiments had recieved back pay out of 440.000 up to that date and if the trend continues fewer than 15.000 out of 1.6million will have recieved back pay. I am wondering with that information , would it be make sense to ask for a manatory reconsideration , and is the letter implying that i would be putting my enhanced care for daily living at risk

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5 years 1 week ago #237673 by Gordon
Replied by Gordon on topic OPD review new rules
longbow

W can't advise on whether you should request an MR or not, the obvious question is, at the time of the original Decision can you show that you would have suffered from "Overwhelming Psychological Distress" on the majority of days if you had to go out and that OPD would have prevented you from continuing the route?

Gordon

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5 years 1 week ago #237684 by riversong
Replied by riversong on topic OPD review new rules
thank for your reply gordon, the pip assessment took place in march 2017, in which i was given 4 points for discriptor B, I have an esa doctors report from january 2017, in which the doctor says, the assessment was curtailed because of his mental state and to avoid causing further distress. I also have a report as far back as 2006 for incapacity benefit in which the doctor placed me in the exemption category. My last appointment at the job centre around 2012, i collapsed on the way home and ended up in A&E. I have no recent evidence, Is tat sort of evidence useful or not and, if i did ask for mandatory reconsideration will that put my enhanced care for daily living at risk .thanks

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5 years 1 week ago #237688 by BIS
Replied by BIS on topic OPD review new rules
Hi Longbow

If you put in for a mandatory reconsideration they will look at the whole award not just part of the award, so yes there is the potential for your enhanced care to be at risk.

Your 2006 is very old and you have limited evidence to show a continuation of your medical difficulties since then, so they are likely to reject that information.

The 2012 is unlikely to help - because it was a one-off incident so they would probably argue that you could manage it on other occasions.

Your 2017 report is more useful evidence, however, it is the PIP criteria that you need to think about and the DWP have already said that you do not suffer from overwhelming psychological distress. It is that you are trying to overcome. You will possibly need more up-to-date evidence from a consultant or GP that shows that your issues are ongoing and you will need to think about what you can say which will demonstrate that your problems meet the OPD definition.

BIS

BIS

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5 years 1 week ago #237703 by riversong
Replied by riversong on topic OPD review new rules
thank you for your reply bis, after what you have just said, which is very useful, i was wondering is OPD a diagnosis its self or is it a symptom of another condition, i have been diagnosed with agoraphobia, and is your medication evidense of how severe the condition is, i am currently taking anti-depressants, anti-anxiety, anti-psycotic ,and mood stabilizer,for mental health problems. I was under a psychiatrist for over ten years, and refered back to my GP care because of a drink problem

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5 years 1 week ago #237711 by BIS
Replied by BIS on topic OPD review new rules
Hi Longbow

OPD is a symptom not a condition. The medication you take will tell the assessor you have mental health problems. It won't tell them that you experience OPD. You have to describe the symptoms you experience against the PIP criteria.

For example - Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.

You suffer from agoraphobia. Does this stop you from leaving the house - if so how? Are you distressed when you leave the house? If so - what happens? Do you get to your destination or do you have to return home? Do you get so distressed that you can only leave when you have someone with you? etc etc.


BIS

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