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PIP claim and evidence

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7 years 2 months ago #180341 by Gordon
Replied by Gordon on topic PIP claim and evidence

Cruella wrote: Thank you; the mobility bit is really bugging me now. With the new update of mh being more involved in planning and following a journey, I think it may be in my favour. But first of all, when exactly in Jan was that decided, I mean does that decision of taking mh into account have to have been made before the DM finalised my award? If my award was finalised before that new mh planning and following , would the new update of mh involved in planning and following have to be taken into account if I was to do MR now anyway


The UTT Decision came into effect as soon as it was published but DM's do not look directly at these Decisions so an internal memo will have to be issued before they become aware of the Decision. That doesn't stop you making arguments now.

However, it's important to understand that this Decision does not change the DWP's interpretation of what Descriptors (d) and (f) are about, they are still considered to be about navigation, so you need to show that your conditions prevent you from being able to do this reliably and on the majority of days.

Gordon

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7 years 2 months ago #180342 by Gordon
Replied by Gordon on topic PIP claim and evidence

Cruella wrote: My GP s evidence, statement of fact, which she wrote to support my not being able to get to a medical assessment refers to complex OCD and severe phobic anxiety and says she does not believe i could physically get to an assessment centre by any form of transport, taxi etc. Do you think as this was actually a letter about not being able to attend the medical face to face that it may not have been used with the normal evidence? Would they see this as good evidence for following a journey or do you think it is not specific enough regarding cognitive function?


It should have been included in your file when returned to the DWP and should be treated as a piece of evidence as any other document you sent in should.

From your post its seems to fit more with Descriptor (e) rather than (d) or (f). It suggests you can't go out and it makes no reference to your being able to follow or navigate the route.

Be aware, if Descriptor (e) is accepted then you cannot score for ((f).

Gordon

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

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7 years 2 months ago #180854 by Perdita
Replied by Perdita on topic PIP claim and evidence
Yes I see. Do you think you cannot pass the moving around, as in walking, purely on discomfort/pain? Does walking with discomfort/pain come under not being able to d the activity safely?

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7 years 2 months ago #180856 by Gordon
Replied by Gordon on topic PIP claim and evidence

Cruella wrote: Yes I see. Do you think you cannot pass the moving around, as in walking, purely on discomfort/pain? Does walking with discomfort/pain come under not being able to d the activity safely?


You are not required to complete any of the PIP activities without pain, but any pain that limits your ability to complete the activity, or in this case the distance that you can walk, should be taken into account. If you can show that the pain is severe then you can argue that even if you can walk then it should be considered as not being to a necessary standard.

Gordon

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7 years 2 months ago #180857 by Perdita
Replied by Perdita on topic PIP claim and evidence
The DWP customer service lady said I could have a DM phone me to explain about the scoring- as in there is a system where they phone back with 'an explanation' Do you know if this is general explanation or do they closely look at your claim and explain exactly how they have decided the points?
Also, there is questionnaire my GP had to fill in upon ATOS request. ATOS had already done the paper based assessment, but my GP said she was going to do the questionnaire anyway. Well I am 99% sure that the DM finished and sent out the award letter to me before the questionnaire would have reached ATOS, Do you think that it will just sit on ATOS computer, would the DWP see it on their computer, basically I am wondering if I am allowed to have a copy of that? (or could I get a copy from the GP,if they keep a copy)

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7 years 2 months ago #180861 by Gordon
Replied by Gordon on topic PIP claim and evidence
Cruella

It would be quicker to ask your GP for a copy of the letter.

There's no harm in asking the DM to phone you, but I would not get your hopes up too much about their being to go into their Decision in more detail, they'll likely stick to what is in the Decision Letter.

Gordon

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