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Going Out - Use of public transport

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6 years 5 months ago #200103 by ianinpain
Going Out - Use of public transport was created by ianinpain
Hi Gordon
I have noted in your priceless book “Benefits and Work – Guides you can trust” and relating to the completion of the “Going Out” question the following comment:
According to DWP guidance: ‘A person should only be considered able to follow an unfamiliar journey if they are capable of using public transport (bus or train)’.

As the claimant I have not in many years used either form of public transport and I am highly unlikely to ever use public transport in the future.

Considering the aforementioned DWP guidance and when I am completing my written response to the “Going Out” question:
1. Should I respond by simply stating that it is highly unlikely that I will ever use public transport in the future and/ or

2. Should I – having written down answer number 1 as immediately above – then proceed to give written details as to why I would find it impossible in both physical and psychological terms to use either a bus or train to make journeys?

One main reason why I ask this question is that the medical professional who considers my answer to this question or who undertakes my face-to-face assessment may claim that I am only replying in theoretical terms and that I have produced no live evidence that I could not undertake journeys either by bus or train!

I thank you for considering my request and await your highly-valued professional opinion.

ianinpain

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6 years 5 months ago #200128 by Gordon
Replied by Gordon on topic Going Out - Use of public transport
ianinpain

PIP only considers what the claimant cannot do, not what they do not do, so if you are unable to use Public Transport then you must explain in detail why this is the case.

Be aware that we regularly see DWP Decision Makers failing to award points for problems with Public Transport on the basis, despite the reference in their own guidance, that the requirement is not included in the PIP Mobility Descriptors.

Gordon

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

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6 years 5 months ago #200156 by ianinpain
Replied by ianinpain on topic Going Out - Use of public transport
Hi Gordon
Thank you for clarity in relation to using public transport and how the answer should be effectively addressed.

In relation to your second paragraph which reads:
Be aware that we regularly see DWP Decision Makers failing to award points for problems with Public Transport on the basis, despite the reference in their own guidance, that the requirement is not included in the PIP Mobility Descriptors.

Gordon - I would deeply appreciate if you would please simplify exactly what you are saying in the statement immediately above.

Sorry for all the trouble.

ianinpain

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6 years 5 months ago #200161 by Gordon
Replied by Gordon on topic Going Out - Use of public transport
ianinpain

A number of members have reported that the DM's Statement of Reasons, which is included in the PIP Decision Letter, included comments that they would not be awarding points for the Going Out activity due to the claimant being unable to use Public Transport and that this was because the legally defined Descriptors make no reference it's use..

What we don't have is any feedback of whether members have been successful with this argument, but I would still not rely on this as your only argument for scoring against this activity.

Gordon

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

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