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Re changes to PIP mobility
- anonia
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6 years 3 months ago #205059 by anonia
Re changes to PIP mobility was created by anonia
Sorry to make a new topic for this, and also I'm not a lawyer and don't know what I'm talking about etc... Should also point out this is unlikely to affect my own PIP claim.
In the thread www.benefitsandwork.co.uk/forum1?view=to...=10&id=120473#204841, Gordon says:
This can't be right, surely? Descriptor (f) is
- Certainly if you satisfy "Cannot undertake any journey because of overwhelming psychological distress", then you would not be able to follow a route even if you had another person with you.
- BUT descriptor (f) is worded as 'cannot follow a route without someone helping'. Not as 'needs help from another person'.
- So if we accept that 'cannot undertake a journey' implies 'cannot follow a journey'
- and clearly 'cannot follow a journey' implies 'cannot follow a journey without another person'
- then the implication here is surely that if (e) is satisfied, then (f) is also satisfied - since 'cannot undertake a journey due to psychological distress' implies 'cannot follow the route of a journey'. Right?
- But the PIP guidance says, where two or more descriptors are satisfied more than 50% of the time, the higher scoring descriptor 'wins'.
- So surely if (e) is satisfied, then (f) is also satisfied, and you should get 12 points. What am I missing?
In the thread www.benefitsandwork.co.uk/forum1?view=to...=10&id=120473#204841, Gordon says:
Claimants who met Descriptor (e)
I'm afraid the news is not good, one negative aspect of the judgement is that it is accepted that if a claimant meets
e. Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant. 10 points.
then they cannot score for Descriptor (f), in simple terms; if you cannot undertake a journey then (f) cannot apply because you would not be able to follow a route even if you had another person with you.
This can't be right, surely? Descriptor (f) is
f. Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points.
- Certainly if you satisfy "Cannot undertake any journey because of overwhelming psychological distress", then you would not be able to follow a route even if you had another person with you.
- BUT descriptor (f) is worded as 'cannot follow a route without someone helping'. Not as 'needs help from another person'.
- So if we accept that 'cannot undertake a journey' implies 'cannot follow a journey'
- and clearly 'cannot follow a journey' implies 'cannot follow a journey without another person'
- then the implication here is surely that if (e) is satisfied, then (f) is also satisfied - since 'cannot undertake a journey due to psychological distress' implies 'cannot follow the route of a journey'. Right?
- But the PIP guidance says, where two or more descriptors are satisfied more than 50% of the time, the higher scoring descriptor 'wins'.
- So surely if (e) is satisfied, then (f) is also satisfied, and you should get 12 points. What am I missing?
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6 years 3 months ago - 6 years 3 months ago #205061 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re changes to PIP mobility
anonia
You realise that you are arguing with the views of three senior Judges who spent months reviewing and discussing the PIP Descriptors.
I am afraid your argument is flawed, you are taking the words "undertake" and "follow" to mean the same thing and they do not.
undertake - commit oneself to and begin
follow - to go in the same direction as a road, path, etc.
If the intention was for them to have the same meaning then theGovernment would have used the same wordage for both Descriptors.
To precis their Decision, if you cannot start a journey then you cannot be assessed for the problems you might have in completing it.
Gordon
You realise that you are arguing with the views of three senior Judges who spent months reviewing and discussing the PIP Descriptors.
I am afraid your argument is flawed, you are taking the words "undertake" and "follow" to mean the same thing and they do not.
undertake - commit oneself to and begin
follow - to go in the same direction as a road, path, etc.
If the intention was for them to have the same meaning then theGovernment would have used the same wordage for both Descriptors.
To precis their Decision, if you cannot start a journey then you cannot be assessed for the problems you might have in completing it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 3 months ago by Gordon.
The following user(s) said Thank You: anonia
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