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Pip query regarding Mobility question 1. Journey

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6 years 2 months ago #205007 by Gordon
Kylie

The changes to the Descriptors was done in March 2017.

The Judgement that changed the interpretation of the Going Out activity is dated 28 November 2016, although it was not published until February 2017 as far as I am aware.

The DWP are not required to revise Decisions that pre-date the Judgement but the may decide to revise Decisions that meet the criteria from this date forward.

Unfortunately, as of today all we have is hearsay from members who have spoken to DWP staff, there is no written guidance that I have seen, so all I can say is what and see.

Gordon

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6 years 2 months ago #205025 by kylie021088
Replied by kylie021088 on topic Pip query regarding Mobility question 1. Journey

Gordon wrote: Kylie

The changes to the Descriptors was done in March 2017.

The Judgement that changed the interpretation of the Going Out activity is dated 28 November 2016, although it was not published until February 2017 as far as I am aware.

The DWP are not required to revise Decisions that pre-date the Judgement but the may decide to revise Decisions that meet the criteria from this date forward.

Unfortunately, as of today all we have is hearsay from members who have spoken to DWP staff, there is no written guidance that I have seen, so all I can say is what and see.

Gordon


The changes were March 2017? Not 2016?

For 1. Planning and following journeys....

May 2014 I was awarded..
D. Cannot follow the route of an unfamiliar journey without another person. 10 points

April 2016 I was awarded...
You need prompting from another person to undertake a journey to avoid significant mental distress. 4 points
(Awarded this because to score higher I needed to have cognitive or intellectual impairment)

Do you know what changed from 2014 to 2016?

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6 years 2 months ago #205028 by Gordon
Kylie

There were no changes to the PIP Descriptors between there introduction in 2013 and the revisions made in March 2017.

Gordon

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6 years 2 months ago #205033 by kylie021088
Replied by kylie021088 on topic Pip query regarding Mobility question 1. Journey

Gordon wrote: K

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.

Gordon



So it was just the guidance that changed?
Above is what you said earlier in this post. In May 2016.
I'm so confused.

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6 years 2 months ago #205046 by Gordon
Kylie

From the PIP Claim guide January 2016

Caution! There have been a number of other changes to guidance issued to health professionals in relation to this activity.

The effect of these alterations appears to be to instruct health professionals that claimants who
need accompanying by another person when following the route of a journey, because of a mental health condition, are covered solely by descriptor 11 (b) and should only score 4 points.

Instructions are given in the Assessment Guide in relation to 11 (c), (d) and (f) that: ‘This descriptor is unlikely to apply to mental or behavioural disorders for example anxiety.’

Guidance issued in May 2014 also stated that 11 (b) does not apply where the claimant needs ‘simply encouragement when leaving the home’. This has been removed from the most recent guidance, but may still be the DWP’s position on this issue.

Guidance issued in July 2015 states that 11 (d) is most likely to apply to claimants with cognitive, sensory or developmental impairments who cannot, due to their impairment, work out where to go, follow directions or deal with unexpected changes in their journey when it is unfamiliar. There are several conflicting Upper Tribunal decisions on this descriptor and we may have to wait for a tribunal of upper tribunal judges to make a final ruling.

For now, we would recommend that you add all the reasons why you have difficulties following a
route or going out alone, including if they stem from mental health issues.

We think much of this guidance is wrong. At this stage all you can do is give as much detail as you can in your claim pack and at any medical about the difficulties you have and the help you need.



Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: kylie021088

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6 years 2 months ago #205068 by kylie021088
Replied by kylie021088 on topic Pip query regarding Mobility question 1. Journey
Was January 2016 when the guidance was changed?

Am I right in thinking, that basically the guidance was changed meaning people with mental illness (not cognitive or intellectual impairment) could not score c, d or f even though the actual descriptors wasn't changed until much later on?

I so hope they revise claims for Pip as far back as Jan 2016. It just doesn't seem fair otherwise.

My award is until 2020 and I am too scared to ask them to look at it again even though I am worse.
My mobility scooter won't fit in my car and I am too scared to go for the blue badge assessment.
I scored 4 in mobility question 1 and 4 in mobility question 2.

Thank you for being so patient with me. This topic has really sent my mood spiralling. I just want what is right and fair. Nothing more nothing less.

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