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Pip query regarding Mobility question 1. Journey

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7 years 11 months ago #157327 by kylie021088
Background...
I had an award of enhanced care and standard mobility from a tribunal in September 2015. I was given the award for 2 years May 2014 to May 2016.


Jan 2016 I seeked support from citizens advice to apply for pip again.
Without an assessment in April 20th I received an award for enhanced care and standard mobility BUT. Since the last award I have a diagnosis of fibromyalgia and my mobility has decreased. I was therefore awarded 4 points for Moving around.
BUT for Planning/Journey question I scored 4 points instead of the 10 points I was given at tribunal only 6 months ago.

I don't need prompting from someone to undertake a journey. I very rarely leave my house and when I do it is always accompanied by someone I know and can trust as I suffer from bad anxiety and panic attacks that can come on at any time.

All of this was explained in the application and I sent supportive evidence from my gp and psychiatrist that confirmed the information provided.

I have contacted citizens advice and they think I should ask for reconsideration as the 4 points should be 10 but I am reading a lot of forums that say you can only score 4 points unless you have cognitive difficulties. Although I could argue I do when a panic attack strikes.

Any thoughts???

Thank you

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7 years 11 months ago - 7 years 11 months ago #157343 by Gordon
K

Welcome to the forum.

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There have been changes to the guidance in this area so this may be one of the reasons that you have scored less points, your new condition would not have been of any assistance for you scoring points in the Going Out activity.

To score the 10 points you need to show you;

Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant.


This Descriptor is not limited to only cognitive issues, but you would need to have a condition such as agoraphobia and be severely restricted in your going out,

The 4 points for Moving Around means you were assessed as being to stand and move more than 50m, but not more than 200m.

To score higher you will need to show that your walking is limited to 50m or less.

If you want to go ahead with a challenge to the Decision then the first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process and template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 11 months ago by Gordon.

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7 years 11 months ago #157421 by kylie021088
Replied by kylie021088 on topic Pip query regarding Mobility question 1. Journey
Ah that is what I scored last time. 10 points for cannot undertake a journey. Would that be because I rarely leave the house. Maybe 3/4 times a month. Would that class as cannot undertake a journey? The words are so confusing.

I never actually had an assessment so they made an assumption I can walk 50 but no more than 200.
The citizens advice man did put 20 to 50 on the application. I find it so confusing though as it does vary a lot but more often than not I stay in bed most the day due to pain etc and I really struggle going out even with someone. I have to have a lot of notice so I can prepare myself mentally and physically.

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7 years 11 months ago #157422 by kylie021088
Replied by kylie021088 on topic Pip query regarding Mobility question 1. Journey
Sorry Gordon I am wrong...

I just checked my tribunal paperwork and it was July 24th 2015. My apologies. My memory is terrible.

Also it appears I was awarded cannot follow the route of an unfamiliar journey without another person 10 points.
By reason of complex mental health impairment. I am significantly limited, in particular in functional mental health disorder.
It also says. In reaching its decision the Tribunal placed particular reliance upon the evidence of cages oral evidence and the written evidence.
Do you know what that would mean?

Has it all changed since July 2015 then? Would I not be eligible for that now. Sorry so confused xxx

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7 years 11 months ago #157441 by Gordon
Kylie

As I said in a previous post, there have been changes to the guidance for the Going Out activity, it's possible that this has impacted on the Decision, the acceptance that you should score 4 points indicates that there is no dispute that you have an underlying problem which is good, the dispute appears to be in the degree to which you are affected. Have you showed that doing so causes "overwhelming psychological distress"?

The Moving Around activity only looks at you physical problems with walking, also you do not need to be pain free when walking, but any pain that limits the distance that you can walk should be counted. Did you mention that you go our 3/4 times a month, it's likely that they will have assumed that these journeys are in excess of 200m.

You need to go back to basics and explain why you meet the higher Descriptors for these two activities, you should go through the paperwork you submitted to see why the assessor might have thought it appropriate to score you lower, the assessment report will help with this.

I'm afraid I have no idea what the reference to "cages" is in your Tribunal papers.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 11 months ago #157459 by kylie021088
Replied by kylie021088 on topic Pip query regarding Mobility question 1. Journey
It was cagiest. Not cages. Sorry that was my auto correct.

Right so now there is no chance I can score on the familiar or unfamiliar journey descriptors due to the changes. Would that stand even though I do have a cognitive impairment when a experience a panic attack. My husband has many of time had to guide me to safety. This is why I am always worried about going out as I feel unsafe. This is one of the main reasons I need someone with me at all times when I leave my house.

That aside would the fact I only go out 3/4 times a month other than too see my parents or my sister count for the cannot undertake any journey? My husband sometimes takes me to someones house if I am feeling particularly scared and am unsafe.
I did not explain this all in detail in my application.

Cab just put i cannot leave the house alone under no circumstances due to the fear of the unknown. I always need the support and company of another person I trust.
My gp put in her evidence that I cannot even undertake a familiar journey without the support of my husband.
My psychiatrist put I experience psychological distress when I have to go out. Which is avoided as much as possible due to the unpredictability of my pain attacks.

I am seeing my psychiatrist tomorrow and she said she will give what ever evidence is needed (as she knows how all this is affecting me)
I'm not sure what I need to ask from her?????

I've been known to the mental health team for 5/6 years now so they know everything above and can evidence anything I say.


Thank you so much for your help. I'm extremely sorry if I keep repeating myself etc I'm struggling to get my head round it all.
I am extremely grateful for the enhanced care and standard mobility. I just can't seem to let this lie. My head won't let me. I must seem very greedy. I hope you understand I just want it done right. Xxx

Thank you again

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