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Does Going out 11d include public transport?
- Chlorinated
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3 years 9 months ago #261821 by Chlorinated
Does Going out 11d include public transport? was created by Chlorinated
I had a very good case why I couldn’t use public transport back reliably back in 2015 however they refused to award me for it and on the mandatory reconsideration they explicitly stated ‘I cannot consider any issues you have with public transport’.
Do they absolutely have to consider me able consider this or don’t they have too? Would it have been rejected because I own a car so they thought I have no route issues?
Has anything changed that I can use the public transport issue to my advantage or do they still not have to count it?
Thanks
Do they absolutely have to consider me able consider this or don’t they have too? Would it have been rejected because I own a car so they thought I have no route issues?
Has anything changed that I can use the public transport issue to my advantage or do they still not have to count it?
Thanks
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- Catherine
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3 years 9 months ago #261831 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Does Going out 11d include public transport?
Hello Chlorinated,
There is a case which I think is applicable to your question. SB v SSWP (PIP) [2019 UKUT 274 (AAC). You will note that the decision was made after your previous award was decided.
In paragraph 10 of the decision the judge says '... So, I would say that what is required is an overall and holistic assessment encompassing a claimant's ability to follow the route of a journey through various ways, including driving, travelling on foot and utilising public transport, with neither. of themselves, being determinative. '
There is also another case which is possibly very relevant to you - HO'H v SSWP 9PIP) [2020] UKUT 135 (AAC).
The claimant in this case was a gentleman who had had a stroke which left him unable to walk to the nearest bus stop / train station or use buses / trains when he got there. The reason he could not use public transport was entirely because of physical health problems, because of this his appeal failed. There has to be a logic which says that had his health problems been cognitive, sensory or mental then his appeal might have stood a chance of succeeding.
You don't say in your post why you cannot use public transport, but if you also have difficulties (again of a cognitive, sensory or mental nature) with walking then that should also be considered. JC v SSWP (PIP) [2019] UKUT 181 (AAC) and JB v SSWP (PIP) [2019] UKUT 203 (AAC).
I hope that helps rather than confuses; please do come back to us if you have any more questions,
Catherine
There is a case which I think is applicable to your question. SB v SSWP (PIP) [2019 UKUT 274 (AAC). You will note that the decision was made after your previous award was decided.
In paragraph 10 of the decision the judge says '... So, I would say that what is required is an overall and holistic assessment encompassing a claimant's ability to follow the route of a journey through various ways, including driving, travelling on foot and utilising public transport, with neither. of themselves, being determinative. '
There is also another case which is possibly very relevant to you - HO'H v SSWP 9PIP) [2020] UKUT 135 (AAC).
The claimant in this case was a gentleman who had had a stroke which left him unable to walk to the nearest bus stop / train station or use buses / trains when he got there. The reason he could not use public transport was entirely because of physical health problems, because of this his appeal failed. There has to be a logic which says that had his health problems been cognitive, sensory or mental then his appeal might have stood a chance of succeeding.
You don't say in your post why you cannot use public transport, but if you also have difficulties (again of a cognitive, sensory or mental nature) with walking then that should also be considered. JC v SSWP (PIP) [2019] UKUT 181 (AAC) and JB v SSWP (PIP) [2019] UKUT 203 (AAC).
I hope that helps rather than confuses; please do come back to us if you have any more questions,
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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