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DLA-PIP Lower Rates - MR Advice please

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5 years 9 months ago #214039 by sjwcr
Hi Gordon and everyone,
I would be really grateful for any advice. I would imagine my situation is similar for a lot of people.

I had DLA - PIP Transfer. After applying for PiP and having a F2F, I went from receiving High personal Care and Low Mobility on DLA, to standard for both mobility and personal care on PIP. (11 points personal care and 8 points mobility). I have the assessors report to hand.

I disagree with two of the activities and descriptors, namely "Engaging with others face to face" and "Planning and following journeys"

Mixing with other people 2 points for needing prompting. The Assessors reasons were "She has no cognitive health condition with no medication or input for such conditions, MSE and IO were normal cognitively. She has mental health problem on high level of medication, MSE and IO showed signs of mental health problem, was anxious, tense, withdrawn and required prompting, was tearful and had poor rapport and eye contact."
I stated on my PIP form that I don't leave the house on my own and do not mix with other people on my own, I would argue that I would fit either C Needs social support to Engage, or D Cannot Engage with other people.

In the same vein, with regards to planning and following journeys, I would have thought I would receive points for D , not being able to follow the route of an unfamiliar journey without another person. The assessors comments were mostly the same as above, but they ended the sentence after the word "prompting".

I tried to keep this as concise as possible, but have more information if needed. I would be grateful if you think there are any points that were worth me requesting MR on. I am frightened that they could lower my award on MR.

I asked that my DLA evidence was taken into account but there has been no mention of this on my PIP letter from the DWP.
They haven't taken in to consideration one of my illnesses.
I wondered if they take into account, with regards to frequency, the cumulative effect of multiple illnesses?

Thanking you in advance, and welcome back! I hope you are rested.

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5 years 9 months ago #214049 by Gordon
Replied by Gordon on topic DLA-PIP Lower Rates - MR Advice please
sjwcr

Using just the limited information that you include in your post.

Social Support has a very specific requirement

“Social support” means support from a person trained or experienced in assisting people to engage in social situations.You don't mention anything that supports this requirement in your post. That does not mean that you do not meet the requirement but if you attended the assessment on your own or did not have someone with you that was providing Social Support for you, then I think you will struggle to show that you meet the criteria unless you have clear evidence that you need this.

As to Mobility, again I can only go on how you have described your problems in your post. You say that you do not leave your house, this being the case then you won't score for being unable to follow a route, your problems fit better with being unable to undertake a journey (b) or (e). However, your attending he assessment argues that you can go out, you may be able to argue that you do not see the assessment as a social event and that the pressure of your award being reduced or removed was sufficient to overcome any issues that you have leaving the house.


Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 9 months ago #214067 by Peter
Replied by Peter on topic DLA-PIP Lower Rates - MR Advice please
my pyscho therapist said that these assessments can be considered 'safe' activities...i e....not like a social encounter where anything can happen. The fact that somebody can attend one, does not mean they can go out in a way that would be considered in anyway normal. In addition it depends how long the journey is.....mine was 10 mins by cab....a much longer one by cab/train for instance would be much more daunting
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5 years 9 months ago #214072 by sjwcr
Replied by sjwcr on topic DLA-PIP Lower Rates - MR Advice please
Hi Gordon, thank you so much for your reply. Sorry for the lack of details on my first post, I was wary of writing too much information.
For Clarity, I have claimed PIP on the basis of Emotionally Unstable Personality Disorder, Clinical Depression, Anxiety, Fibromyalgia and another illness all of which have been formally diagnosed.

I attended the Pip Assessment with my partner. I used to have social care but when my partner moved back in and became my carer I stopped receiving help.
I stated on my PIP form that the only time I ever mix with other people is if I have taken too many tablets. I also mentioned this at the Assessment. I can't go to new places on my own. If I was prompted to undertake a journey and then left to get from A to B myself there is no way I could do it.
I would argue that I cannot safely or reliably perform these functions.
I am being taken to Mind tomorrow to get some help as I am struggling to cope and very scared, as I now have my ESA form to complete as well and will be using your guides. As an example, I am being driven to Mind tomorrow by a friend. She is physically taking me in there, staying with me and bringing me home. I will probably take way too many tablets to enable me to leave the house, as I just can't cope otherwise. I know it must sound terrible but I just can't cope. I am sorry for being so candid.

I am also sorry if I am confusing the issue, I am very confused myself and am not sure I am actually understanding what "following a route" actually means.

Can you tell me if they take into account the cumulative effect of multiple illnesses?

Should I go to my GP with your GP Sheet and send that in as evidence with the MR?

Also, will my award having been effectively reduced, mean I have problems regarding my ESA claim?

Thank you so much for taking the time to reply, I hope that I have provided more clarity with this message. It is so hard to try and be brief and make some sense!

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5 years 9 months ago #214086 by Gordon
Replied by Gordon on topic DLA-PIP Lower Rates - MR Advice please
sjwcr

Dealing with the Mobility first.

You need to make a decision about how you are going to pursue this, if you do.

Undertaking a journey is about you leaving your home, you say that you cannot do this.

Following a route is about your being able to find your way to a place you either know or don't

These two tasks are mutually exclusive! If you can't leave your house then you cannot be considered in regard to following a journey, conversely if you cannot follow a route then you must by definition be able to leave your house.

As to Mixing with Others, again I can only go by what you have posted. You say you do not mix with people but you won't score for things that you do not do, only things that you cannot do and you need to explain why you cannot do them.

Remember you must be able to complete all of the PIP activities reliably and on the majority of days.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 9 months ago #214120 by sjwcr
Replied by sjwcr on topic DLA-PIP Lower Rates - MR Advice please
Hi Gordon ,
Thanks for your help.
Ultimately I am happy with my mobility award, I suppose I just don't agree with the descriptor choice. My concern however is that this could impact upon my ESA claim. I am currently in the support group and having to re-do the ESA50.

Is that a possibility?

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