Thoughts on OPD

Hi Bud,
I'm glad that you found my explanation helpful.
It is entirely possible that DWP award a few points to deter you claiming more!
I am sure that they have a habit of awarding just 2 points for using an aid or appliance across various sections, leaving profoundly disabled 'happy' to be awarded standard rate, whereas the reality should easily be enhanced rate. And being 'happy' to have received any award, these people never bother to appeal thinking it was hard enough to get what they did, or if DWP only gave me 2 points, that must be the right number!
DWP are notoriously bad at awarding the correct points for OPD, they got a strict telling off when they tried to amend the law after the MH case and the High Court said it was unlawful.
Have you got a copy of the P4A assessment report, to see exactly what was said? Additionally, you could go to the tribunal to try and obtain a mobility award?
You would need to fill out an SSCS1 firm, which can be done on line. Make it clear that you are only appealing the mobility, although of course you can also appeal daily living if that award is lower than you expected. You will receive the full set if papers from DWP and their explanations.
If you don't want to continue with the appeal, you can withdraw the appeal at any point. There is a small risk of losing whatever award you may already have, if the tribunal review the whole award, but you could then withdraw as the tribunal would need to give a warning.
You may also be interested in a case I was recentlt looking in to.
DWP often maintain that OPD means overwhelming psychological distress that means distress related to an enduring mental health condition or intellectual or cognitive impairment which results in a severe anxiety state in which the symptoms are so severe that the person is unable to function. In JT v SSWP
www.gov.uk/administrative-appeals-tribun...ip-2020-ukut-186-aac
Judge Rowland considered the meaning if OPD in respect if engaging with other people. In my view there is no reason why the same ideas should not apply to mobility 1.
Judge Rowland made 2 important points: Firstly that if someone avoided socialising due to the panic, distress etc it caused, then it was likely to be OPD. Secondly, it is important to consider Reg.4(2)A. This is the safely, reasonable time, repeatedly, acceptable standard criteria.
Have a think about mobility 1 and maybe ask friends/family for their opinion. It may be worth while pursuing.
I hope this helps.
LL26

Hi Bud

Thank you for the compliment. The guides on the forum are very good, the back office do a very good job of keeping the guides up todate, over the last year the guides were changing on a frequent basis.

Gary

Hi Bud

The answer is yes, it is called a statement of reason (SOR).

You usually ask for a copy of the statement of reasons if you are unhappy with the result at the Tribunal and you are thinking of appealing to the Upper Tribunal.

Gary