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PIP Mobility Activity 1

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3 years 11 months ago #259607 by BirtyB
PIP Mobility Activity 1 was created by BirtyB
I am in the process of completing My wife's PIP renewal and would just like to gain some clarification before I put things in writing.
Background, previously on HR Care and LR Mobility DLA. Following the PIP claim in 2016 award 8 points DL and 4 points mobility 4b. Following MR DL increased to 10 points and no change to Mobility, despite the HP lying through their teeth and claim that my wife had walked from a car park to the assessment centre and that was over 200. This is despite me providing evidence from Google maps which showed the distance as 76 metres and the wife had to stop for 5 mins rest half way. Completely ignored at MR, did not mention but just stated could walk 2-3 mins so would be over 200 metres at average walking pace.
Anyhow, off to appeal, which was held via telephone due to my wife's anxiety with the main arguments being a couple of DL points but the main one being that following DWPs own advice (obtained following a freedom of information request) that descriptor 10f could be awarded on Mental Health grounds. The appeal was submitted before CPIP/1347/2015 was published but held after. Result was DL increased to Enhanced and Mobility standard rate under 10e. I wanted to argue this as I think that the tribunal erred. Although there are times when my wife cannot go out due to severe anxiety, most of the time she can go, so long as it is in a car or a taxi with either myself or a very close friend. She would be at danger in she went out unaccompanied due her illnesses. Her illnesses are Bipolar Affective Disorder and Emotionally Unstable Personality Disorder. Can you please confirm that I am right in claiming that there should be possible entitlement to 10f and not just 10e. I want to try and make the renewal as waterproof as possible to minimise any stress that it might put on my wife. Message to everybody, never give up and make use of the excellent guides on here. Take care all.
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3 years 11 months ago #259613 by LL26
Replied by LL26 on topic PIP Mobility Activity 1
Hi BrianB,
I want you to consider Mobility 1 from a slightly different stance.
Regulation 7 PIP Regs 2013 requires an activity to be done for the majority of days. If you can't do an activity or do it 'reliably ' for part of the day, not just being a few minutes, then you score points. If 2 or more activities apply, then the highest score should be awarded, or the individual that applies most often if not equal. (DWP often 'forget ' this rule!)
This is the start point.
To answer your question, there is nothing that prevents 1f applying as well as 1e, but the correct one will depend on the application of Reg 7 above.
By way of explanation the case of MH, to which you refer, allowed both 1e and 1f to apply where there was overwhelming psychological distress. DWP didn't like this ruling and made changes to the Regs but these were deemed unlawful.
So 1f doesn't require OPDistress.
If your wife can not make any journey on her own reliably , be it long, short, 5 mins to the shops or 6 hrs for a holiday ...then she may qualify under 1f. Particularly if she can not remain safe, get lost, get very anxious, is at risks of falls or being taken advantage of etc etc, then 1f is appropriate, especially if these comprises the majority if days. So if your wife is unable to go out alone, or can't , or only does so on a very few occasions she should receive 12 points 1f.
I hope this helps.
Good luck.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 11 months ago #259681 by BirtyB
Replied by BirtyB on topic PIP Mobility Activity 1
Thank you very much LL26. You have confirmed what I thought and given me a few pointers as to how to word it. I have been a member since 2016 and find the site invaluable. I love getting the emails and the shocking stories that B&W reveal. It is good that there is a voice for people with disabilities, especially mental health disabilities. I frightens me thinking about how many PIP and ESA awards are wrongly assessed and not corrected as the claimant finds the process so difficult

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3 years 11 months ago #259697 by Catherine
Replied by Catherine on topic PIP Mobility Activity 1

I frightens me thinking about how many PIP and ESA awards are wrongly assessed and not corrected as the claimant finds the process so difficult

I could not agree more!

Catherine

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3 years 11 months ago #259739 by denby
Replied by denby on topic PIP Mobility Activity 1
...and the gov't rep was boasting on the radio the other day about how there were two-point-something million people on PIP... and I thought, yes, but how many of them actually have the award they should. There are four combinations of DL and Mob award short of enhanced x2, so millions could be entitled to more if they could only be assessed with knowledge and honesty. The gov't rep was trying to imply that the number in receipt of PIP meant nobody was being turned down who should not be, yeah right!
Denby
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3 years 11 months ago #259752 by ANGELA
Replied by ANGELA on topic PIP Mobility Activity 1
Hi Brian, I would also highlight the history of MH stuff. This will highlight it is longstanding and will not go away. Include what you have mentioned in past applications (despite not being awarded). I know you will not be able to submit ‘new’ evidence but emphasising and highlighting what they already have will help… ie.. I have mentioned X in the past applications, and submitted Y which supports this… so DWP are already aware and have access to this information… Good Luck.
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