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Mandatory Reconsideration Decision for PIP

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6 years 2 months ago #203892 by Marty
I received the decision regarding my PIP claim for which I have been awarded the standard rate for both sections. I am challenging this as I feel I should be awarded the enhanced rate and this is their reply regarding 'planning and following a journey'. I have read various articles about this on your website but I am very confused. It would appear they are only interested if one has a mental disability rather than physical. Have the rules recently changed:

"Physical restrictions are not considered under this activity. Information shows you have the cognition to drive. You were not anxious or tense at the assessment and do not receive medication for anxiety. You had adequate concentration and memory and were fully oriented in time, place and person. I have decided you can plan and follow the route of a journey unaided. I cannot consider any help you need not covered by the activities of PIP including availability of public toilets and use of taxis or public transport."

I read in one of your articles that if a person is unable to use public transport, they will score points in this descriptor?

The assessor lied and stated I declined a couch examination and I certainly didn't. In fact I queried it at the end when she said my assessment was over! My husband can verify this.

I am very confused regarding this descriptor as I certainly could not plan and follow the route of an unfamiliar journey without another person being with me. It seems they are changing the rules all the time?

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6 years 2 months ago #203904 by Gordon
Replied by Gordon on topic Mandatory Reconsideration Decision for PIP
Marty

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

You don't need to post your questions multiple times, all posts are moderated and won't appear in the forum until approved.

There has been a changed to some of the Descriptors in the Going Out activity, but not in the way that you are suggesting.

The Going Out activity looks at three things.

Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning..

Undertaking a Journey - this is do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.

Following a route - the DWP regard this as a cognitive or sensory activity to do with navigating the route, SO are there problems that would prevent you from doing this? This is different from undertaking a journey, in fact if you cannot undertake a journey then you will struggle to score points for following one. The reasons that you are unable to follow or navigate the route must not be due to psychological distress.

Whilst the use of Pblic Transport is included in the DWP guidance to assessors, it is not referred to in the actual legal definitions and we have seen Decision Makers deny points on this basis. It is something to reference in your MR but do not rely on it scoring you poihts.

Gordon

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

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6 years 2 months ago #203914 by Marty
Replied by Marty on topic Mandatory Reconsideration Decision for PIP
Thank Gordon for your quick response.

So having a physical disability like MS does not count at all? It’s all to do with a mental disorder? I think I must be really thick as having read this three times, I still don’t really understand. One minute having psychological distress matters and then it doesn’t. It all seems very complicated.

Thanks very much anyway. I am going to appeal so I had better read it some more and try and understand it.

I read two differing judges’ decisions on this from your website. Sounds a bit like a lottery?

Marty

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6 years 2 months ago #203917 by Gordon
Replied by Gordon on topic Mandatory Reconsideration Decision for PIP
Marty

The Going Out activity has never, if you remove sensory problems from the definition, considered the physical issues that the claimant might have, these are only looked at as part of the Moving Around activity.

Gordon

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

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