HELP RE: LEAP REVIEW & PIP MOBILITY AGORAPHOBIA

Hi All,

So sorry for the length of this post, but i really would appreciate any help or advice advice and I don’t know where else to turn. I currently receive the enhanced rate of PIP daily living and the standard rate of PIP mobility. I have been agoraphobic and claustrophobic for the past 42 years, I have also suffered from depression and panic attacks. I am unable to go out at any time without having someone with me and this can only be done at certain times and only on days I am able to. This has always been the case since I was 21, I’m now 63.

I transferred from Incapacity benefit to DLA to PIP, but every time my award comes up for review/renewal it gets stopped by the DWP and I have to go through the process of MR which gets refused, having to go to tribunal for it to be reinstated. A tribunal hearing in Sept 2017 did not change the 4 points awarded for planning and following a journey because the DWP said i only needed prompting from another person to undertake a journey. As I obviously couldn’t attend the hearing in person I submitted my appeal to the hearing clearly stating that I always needed someone with me if I left my home and that it was only ever on short familiar routes that could only be done at certain times of day (my original claim and appeals to the DWP & submission to the Tribunal were obviously a lot more detailed and included GP and Psychologist reports confirming this). The tribunal ruled in my favour and my award was backdated to Jan 2017 but only for daily living not mobility.

In Jan 2019 my PIP was stopped again when it came up for review/renewal. Again I appealed, submitting medical evidence, specifically a letter from my GP which clearly stated that I couldn’t follow the route of an unfamiliar journey with or without someone with me and that I cannot follow the route of a familiar journey without another person with me. She also said I was only able to do these short familiar journeys close to my home.

In July 2019 the DWP rang me the day before my tribunal hearing and told me I would receive the enhanced rate for daily living and the standard rate for mobility as they awarded me 10 points for being able to follow the route of an unfamiliar journey with another person (descriptor 1d). I argued that as my GP’s letter & report clearly stated, I couldn’t do any unfamiliar journey at all but could do a familiar journey with another person (descriptor 1f) I was entitled to the enhanced rate of mobility. They said that was their decision and a tribunal would uphold it. At the time I was just so tired of fighting to get any type of award at all I just accepted that what they were telling me was right, and I just didn’t have the mental strength to keep fighting them, but recently after reading the forums on your site I think I should be entitled to a LEAP review of my case and have my award changed to the enhanced rate of mobility (backdated).

I rang the DWP 2 weeks ago to ask for a LEAP review, they told me 2 LEAP reviews were done on my case and both times decided there was no change. I told them I knew nothing of this, they said the reviews had been done on 9/3/17 & 28/11/16 (strange as I think this was the date of the court rulings). They said I had been sent letters informing me of this but I have never received anything from them. I told them I wanted a LEAP review done now as I believed I met descriptor 1f. They told me the decision had been made, that was it. I argued, but to no avail, they then said they could do an unplanned intervention to review my case from the date I was calling them using the information I had given them when they made the award in 2019, but there would be no backdating of payment if I was awarded the enhanced rate of mobility, it would start from the date I contacted them. They also told me I told me I could have my PIP stopped or reduced. I told them nothing had changed regarding my conditions and that I wanted a review done of my case to encompass the MH court ruling dates, they again said they would only review my case from the day I contacted them. They said I would not need to provide any further medical evidence. I also asked for copies of the review letters they said they’d sent me which they said they would send. 11 days later I received a ‘Making sure your award is right’ form to fill in. It is a 24 page questionnaire asking me about the changes in my condition and how it affects me. It also asks for medical evidence etc. They are aware that nothing has changed in my condition, I told them I was not going to ask my GP for another report as nothing had changed since the last report submitted to them. They agreed this would not be necessary. I want my case reviewed to take into account the MH ruling and how that specifically applies to me. I only have until the 15th Oct to return this form and just want advice on whether or not I am right in my belief that I meet descriptor 1f (which I argued in my original appeal) and that I am entitled to a LEAP review. Also should I return this form they’ve sent stating nothing has changed as per my call to them as they agreed to do a review of the evidence they already had and no new evidence was necessary?

Thank you, again, apologies for rambling on so much.