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PIP Mandatory reconsideration

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3 weeks 1 day ago #291874 by Lynz
PIP Mandatory reconsideration was created by Lynz
I was awarded PIP enhanced rate daily Living in 2022 for mental health issues since then my situation has changed with regards to mobility this was the standard rate. I was a victim of a serial assault by a police officer in 2023 I cannot disclose specific information as there is an ongoing court case against the police.This has seriously impacted my mental health and I get extremely scared and anxious when I am out of my house, traffic and loud noises sirens etc make me feel extremely panicked and I need to return home ASAP. I have been visiting my GP on a regular basis due to how bad I'm feeling. I am constantly in 'flight or fight mode' and need prompting to make journeys familiar or unfamiliar and can only face this if I'm in my friend or families as this is my 'sade space' I attached a letter to support this from Pheonix Healing The Freedon Programme. I explained that I cannot walk more than 20 - 50 metres because of PTSD and bladder incontinence and always need to be with a member of my family or a friend to keep ne calm and to help me focus. I believe given the above I should have been awarded 14 points this would take me to the enhanced rate but I have only been awarded 10 points the explanation was the assessor considered, I could stand and then move more than 200 metres. I would be most grateful if you could give me your opinion and any advice how to go about asking for a mandatory reconsideration, do I need to phone them to ask for this. Please feel free to ask me any questions that would help you. Thank you
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3 weeks 1 day ago #291881 by Gordon
Replied by Gordon on topic PIP Mandatory reconsideration
L

I'm sorry but I do not think you will be able to score for the Moving Around activity based on your PTSD and your incontinence issues.

This is a purely physical activity looking at the physical issues that limit your walking on the majority of days.

It is not about issues that limit your going out and then going anywhere.

So, are you physically limited to standing and moving (walking) no more than 50m? You need to do this reliably so is issues such as the speed of your walking, whether you have to stop, the total time (including stops) it would take you.

Gordon

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3 weeks 1 day ago #291882 by LL26
Replied by LL26 on topic PIP Mandatory reconsideration
Hi Lynz
Sorry to hear that you are struggling. Having been assaulted is never easy. Presumably you have legal advice to deal with the Court case.
One thing that immediately struck me was that you say you need prompting to go out, yet you clearly experience considerable anxiety whilst out, and can't get home quick enough.
I would like you to consider the following questions -
1. Why do you go out?
Is it just for necessary appointments? Maybe you need to go to the supermarket?
2. Do you ever just fancy a walk and go out across the park or fields alone?
3. What do you mean by prompting, what needs to be said or done?
4. How often do you go out?
5. What actually happens when you go out? How exactly do you feel?
6. What help do friends or family provide?
7.What would happen if a friend etc wasn't available?
8. Does the presence of the friend allay all anxiety or do you still feel anxious etc?
9.Do you always complete the planned or have to go home soon after you have started?
10. Do you avoid going out because it is too difficult to deal with the anxiety and or distress it might cause?


I'm hoping that by thinking about the above questions that this will help 'nail down' the problems you have when making a journey.
Normally we tend to think of a journey as a longer distance travel, but for PIP it can be any amount of distance. Bear in mind (also relevant for considering walking ability)that all journeys will involve an element on foot, even if this only means a couple of steps to a car.
I'm getting the impression that the problems you have are more than just requiring 'prompting'.
I want you to consider whether you feel anxiety to such a level that it is unbearable, and means that it affects the rest of the day, and it causes you to be considerably upset, especially if the effects last for a long time after you return. You have also described that on occasions you come home early- this suggests you don't complete journeys.
If, for the majority of days you need another person to be able to complete a familiar journey, this is 10 points Mobility 1d. If you can not undertake any journey (or can't do it for the majority of days) because it causes overwhelming psychological distress (being very upset and stressed which is very difficult to control and deal with, as I have described above) this will give 10 points as well 1e.
If you need to be accompanied on unfamiliar journeys for at least the majority of days it is 12 points. 1f.
If you just need prompting and someone just says eg 'come on you need to go out, its a nice day...' maybe they repeat this and then you go, 'ok then' put your shoes on, and go for a walk, and you feel mostly ok outside, get there and back easily. Then you only score 4 points -1b.
As with all descriptors you need to repeat the ability to make a journey across the day as many times as reasonably required. Think about this.
Take kids to school. Return.
Go to bank.
Go to post office.
Fetch kids from school.
Come home.
Go to Sainsburys.
Take dog to vet.
None of these journeys (either as small walks or car journeys) would be unreasonable in one day.
Activities have to be safe.
They also have to be done in a reasonable time and to an acceptable standard. Failing to reach the planned end of a journey, or getting upset, even if this isn't actually as much as as overwhelming psychological distress thus will indicate you can't perform 'acceptably'.
Pain,breathlessness etc can also indicate not being acceptable.
These concepts of reliability apply to every descriptor including walking ability under Mobility 2. If for example you get out of breath, have significant pain etc then this must be ignored. This is so, even if you can still continue to walk. If you can't repeat all the sort of journeys on foot as suggested above then the distance is what you can actually repeat all these times.
When writing your MR give examples- what has gone wrong, why? Etc the questions above should help you be able to determine the correct descriptor and you can then write the letter accordingly. Say why the points already awarded are incorrect.
Please note that once 12 points is reached DWP don't need to consider other descriptors.
I hope this helps.
Good luck.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, KABTT , Sheila 966, anees292, Milish, Lynz

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