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Descriptor 1E mobility
- Anxious Anonymous
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2 years 5 months ago #272852 by Anxious Anonymous
Descriptor 1E mobility was created by Anxious Anonymous
Okay, so I’m still really confused by this descriptor.
If you can't undertake any journey the majority of the time then this will score under activity 1E. (10 points)
A claimant who satisfies 1E cannot also satisfy 1F. If they cannot undertake a single journey on the majority of days due to overwhelming psychological distress, then 1E will be the applicable descriptor, even if there are occasions when they could follow a familiar route, if accompanied.
Key words:
Majority of the time? So 4 days out of 7?
Occasions - what is defined by occasions?
Are you allowed to leave the house 2-3 times a week with this descriptor? What if you were having CBT or some other kind of treatment to defeat the overwhelming psychological distress?
Are you allowed to have an attempt at getting better?
Let’s do a scenario:
Bob has this descriptor. He has panic attacks and agoraphobia so avoids all kinds of public transport (bus, train, tram etc), he avoids crowds and supermarkets. He will sometimes travel late at night say 8pm onwards to avoid traffic. He leaves the house 2-3 times a week but accompanied due to the panic and fear of collapsing.
Bob is awarded this descriptor. Can Bob leave the house 2-3 times a week and have a crack at getting better?
Or is he committing fraud for having “a go at getting better”.
At what point does Bob realise he’s better? Is it when he can finally make journeys outside the house with someone to accompany him all the time? In which case he would satisfy descriptor 1F, as his conditions have improved but he still needs the help to avoid panic and the fear of having collapses.
I appreciate there’s a lot to take in there but please do your best to see what I’m struggling with.
If you can't undertake any journey the majority of the time then this will score under activity 1E. (10 points)
A claimant who satisfies 1E cannot also satisfy 1F. If they cannot undertake a single journey on the majority of days due to overwhelming psychological distress, then 1E will be the applicable descriptor, even if there are occasions when they could follow a familiar route, if accompanied.
Key words:
Majority of the time? So 4 days out of 7?
Occasions - what is defined by occasions?
Are you allowed to leave the house 2-3 times a week with this descriptor? What if you were having CBT or some other kind of treatment to defeat the overwhelming psychological distress?
Are you allowed to have an attempt at getting better?
Let’s do a scenario:
Bob has this descriptor. He has panic attacks and agoraphobia so avoids all kinds of public transport (bus, train, tram etc), he avoids crowds and supermarkets. He will sometimes travel late at night say 8pm onwards to avoid traffic. He leaves the house 2-3 times a week but accompanied due to the panic and fear of collapsing.
Bob is awarded this descriptor. Can Bob leave the house 2-3 times a week and have a crack at getting better?
Or is he committing fraud for having “a go at getting better”.
At what point does Bob realise he’s better? Is it when he can finally make journeys outside the house with someone to accompany him all the time? In which case he would satisfy descriptor 1F, as his conditions have improved but he still needs the help to avoid panic and the fear of having collapses.
I appreciate there’s a lot to take in there but please do your best to see what I’m struggling with.
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- LL26
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2 years 5 months ago #272854 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Descriptor 1E mobility
Hi sierra,
Firstly, please don't think you are not allowed out or out alone if you are awarded points under 1d or 1f. Of course you can go out if you wish!
First of all, PIP descriptors work on the basis of the majority of days, NOT majority of time which is ESA/UC test. It may not necessarily be a big difference but it is important to note this.
All PIP descriptors require 4 criteria to be satisfied. Failure to meet just one of the criteria should result in points being awarded. What this means in practice is that disabled people may look like they are achieving the relevant task, but are not doing it sufficiently well and hence score points. The 4 criteria are
Safety
Acceptable standard
Reasonable time
Repetition
Let me give some examples. A person may be able to use a knife and fork to feed himself, but spills food constantly and makes a terrible mess. It also takes him a long time to finish his meal. It is likely this person needs help (or perhaps an aid/appliance) because he doesn't achieve an acceptable standard, or maybe not a reasonable time which is no more that twice that of a non disabled person.
A person may be able to walk 1000m (well over the 200m limit) but if he has eg breathlessness or a fairly high level of pain, this falls outside the acceptable standard. On paper this person may have scored up to 12 points for not being able to walk very far. This may also be due to being too slow, or not being able to repeat.
Similarly, an epileptic person can physically wash himself but could score points for needing supervision in case he has a fit. This is due to safety issues.
Hopefully the above examples illustrate that points can be awarded even though it could appear that the person completes the task. Mobility 1 needs the same analysis.
Many people with mental health problems do not want to go out and will avoid doing so. However, if you need food need to go to the doctor etc you have to go out. This can sometimes be managed by going to the late night supermarket when no one is around. Nevertheless the 'repetition' rule requires you to be able to go out whenever reasonably required across the whole day.. The person who only goes out at night is unlikely to 'repeat' across the whole day as reasonably required.
Judges have analysed 1e and 1f.Needing someone to go with you on a familiar journey indicates more help than not being able to go out at all. This is the rationale for the points scores for 1e and 1f. 1f can include overwhelming psychological distress but doesn't have to. After all, a person who has some degree of anxiety may not be able to arrive safety, timely or in an acceptable way.
In your example about Bob, if he experiences no panic etc then he is 'safe' to go out alone, and is unlikely to score points. However if he could have a relapse, or something might trigger his anxiety such as a loud noise, or meeting a dog when you have dog phobia, then arguably he requires being accompanied to ensure he is safe, similar to the epileptic person having a bath. If Bob can go out unaccompanied for the majority of days, without experiencing any anxiety, can arrive at his destination safely and without getting lost, in a timely way, repeatedly and without him experiencing other health problems, then he won't score any mobility 1 points.
When will he know this? Tricky question. When does a person who has had leg surgery realise he can walk properly? It is the same issue. I guess you proceed with caution initially, but after maybe a week or two you might begin to think things are better. However, you don't report a change of circumstances yet because you are not sure. Maybe three or four weeks later you realise that you are walking further the pain has eased. You begin to think your walking is now very much improved, and are regularly walking more than the required distance for PIP, now is the time to report the change of circumstances. Mobility 1 descriptors should be the same. Carefully analyse the 4 criteria and what happens for the majority of days. When you are confident you have improved sustainably and consistently, and it is not just one or two days, so that the balance has shifted from being rather majority of days having a disability, to the majority of days not being disabled- this is the time to notify DWP.
It is easy to overthink this descriptor.
I hope my explanation helps.
LL26
Firstly, please don't think you are not allowed out or out alone if you are awarded points under 1d or 1f. Of course you can go out if you wish!
First of all, PIP descriptors work on the basis of the majority of days, NOT majority of time which is ESA/UC test. It may not necessarily be a big difference but it is important to note this.
All PIP descriptors require 4 criteria to be satisfied. Failure to meet just one of the criteria should result in points being awarded. What this means in practice is that disabled people may look like they are achieving the relevant task, but are not doing it sufficiently well and hence score points. The 4 criteria are
Safety
Acceptable standard
Reasonable time
Repetition
Let me give some examples. A person may be able to use a knife and fork to feed himself, but spills food constantly and makes a terrible mess. It also takes him a long time to finish his meal. It is likely this person needs help (or perhaps an aid/appliance) because he doesn't achieve an acceptable standard, or maybe not a reasonable time which is no more that twice that of a non disabled person.
A person may be able to walk 1000m (well over the 200m limit) but if he has eg breathlessness or a fairly high level of pain, this falls outside the acceptable standard. On paper this person may have scored up to 12 points for not being able to walk very far. This may also be due to being too slow, or not being able to repeat.
Similarly, an epileptic person can physically wash himself but could score points for needing supervision in case he has a fit. This is due to safety issues.
Hopefully the above examples illustrate that points can be awarded even though it could appear that the person completes the task. Mobility 1 needs the same analysis.
Many people with mental health problems do not want to go out and will avoid doing so. However, if you need food need to go to the doctor etc you have to go out. This can sometimes be managed by going to the late night supermarket when no one is around. Nevertheless the 'repetition' rule requires you to be able to go out whenever reasonably required across the whole day.. The person who only goes out at night is unlikely to 'repeat' across the whole day as reasonably required.
Judges have analysed 1e and 1f.Needing someone to go with you on a familiar journey indicates more help than not being able to go out at all. This is the rationale for the points scores for 1e and 1f. 1f can include overwhelming psychological distress but doesn't have to. After all, a person who has some degree of anxiety may not be able to arrive safety, timely or in an acceptable way.
In your example about Bob, if he experiences no panic etc then he is 'safe' to go out alone, and is unlikely to score points. However if he could have a relapse, or something might trigger his anxiety such as a loud noise, or meeting a dog when you have dog phobia, then arguably he requires being accompanied to ensure he is safe, similar to the epileptic person having a bath. If Bob can go out unaccompanied for the majority of days, without experiencing any anxiety, can arrive at his destination safely and without getting lost, in a timely way, repeatedly and without him experiencing other health problems, then he won't score any mobility 1 points.
When will he know this? Tricky question. When does a person who has had leg surgery realise he can walk properly? It is the same issue. I guess you proceed with caution initially, but after maybe a week or two you might begin to think things are better. However, you don't report a change of circumstances yet because you are not sure. Maybe three or four weeks later you realise that you are walking further the pain has eased. You begin to think your walking is now very much improved, and are regularly walking more than the required distance for PIP, now is the time to report the change of circumstances. Mobility 1 descriptors should be the same. Carefully analyse the 4 criteria and what happens for the majority of days. When you are confident you have improved sustainably and consistently, and it is not just one or two days, so that the balance has shifted from being rather majority of days having a disability, to the majority of days not being disabled- this is the time to notify DWP.
It is easy to overthink this descriptor.
I hope my explanation helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: SUE C C, annetravers, Waxwing
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- Anxious Anonymous
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2 years 5 months ago #272858 by Anxious Anonymous
Replied by Anxious Anonymous on topic Descriptor 1E mobility
Are you allowed out of the house 2-3 times a week on the descriptor 1E ? If you are accompanied by another person.
In the case of reliability that you suffer from panic attacks and seizures.
Or, in the case that, you can’t or will not use public transport because of this which means you’re severely restricted?
In the case of reliability that you suffer from panic attacks and seizures.
Or, in the case that, you can’t or will not use public transport because of this which means you’re severely restricted?
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- LL26
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2 years 5 months ago #272876 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Descriptor 1E mobility
Hi AnxiousAnonymous,
There seems to be an urban myth that people who score on Mobility 1 are not allowed out of the house. (The rationale being, it seems, that if you do, then this conflicts with PIP points and people are worried about being fraudulent.)
If you have overwhelming psychological distress in respect of journeys, which precludes from doing this then you should score points. This has basically got to be a severe state of anxiety, it might manifest itself in physical symptoms such as breathlessness, violent or erratic behaviour, it might even cause suicidal thoughts, or total confusion so you have no clue where you are going or how to get back home. If this sort of distress happens for the majority of days when you might need to go out somewhere you should score under 1e. Likewise, if you avoid journeys because you know it will bring on these problems, you should be able to score.
Sometimes you do need to go out, eg to sort out a tooth abscess at the dentist, get food (or go hungry), maybe even pay an important bill to avoid court action etc - you can only avoid going out for so long - you leave the house, probably panicking, becoming overwhelmed, you arrive home (hopefully, but not necessarily in a reasonable time) you feel exhausted, overwhelmed, tight chested, and all you want to do is either scream the place down for an hour or four, or alternatively just curl up on your bed, and not eat for a couple of days. These important journeys might have to be done everyday, if you fear people, having someone with you is not necessarily going to help.
If this scenario applies to you, under PIP rules (which is not the same as in real life "can you physically go to different places, you may or may not know") you can score points.
In the world of PIP activities have to be done according to all of the legal rules - if you fail on just one of the rules you can score points. In the real world life has to go on, and there is only so much you can avoid or you just kind of manage in your own peculiar disabled way. PIP points are provided to allow disabled people who struggle with getting on with life, and can only manage in their own weird way, to get some extra money to somehow recompense for these struggles. (The idea being that more money will often help - think paying for a taxi if you can't walk, or even paying for help to look after the garden, physio appointments etc- you get sufficient points and you can use the PIP money for anything.)
PIP is very clear - if you are not safe, can't repeat, don't meet an acceptable standard and can't do in a reasonable time you should score points. The majority of days rule allows for varying conditions where there are periods of remission or just better days gives even more flexibility, but if you fail the 4 criteria above (even just one) it won't matter any way.
Ok, so I have discussed important journeys - if you find yourself able to go out for non essential purposes on an increasingly frequent basis, I guess you need to re-examine whether your 'psychological distress' is actually 'overwhelming' - Descriptor 1d or 1f does not require Overwhelming Psychological distress, although it can be used here. The 4 criteria and majority of days rules still apply. If realistically you think 1d or 1f apply it is probably safer to argue this. Whilst the tests for the 4 criteria are equal on all of 1d,1e and 1f, I think DWP take the view (probably wrongly) that not undertaking any journey due to OPD somehow shows greater disability. However, as you may be aware, DWP have gotten this area of law wrong, tried to 'repair' it by changing the law, and were told off by the High Court! Unfortunately DWP stills seems to retain basic misunderstandings about this area of law, which appears ingrained.
I hope this helps.
LL26
There seems to be an urban myth that people who score on Mobility 1 are not allowed out of the house. (The rationale being, it seems, that if you do, then this conflicts with PIP points and people are worried about being fraudulent.)
If you have overwhelming psychological distress in respect of journeys, which precludes from doing this then you should score points. This has basically got to be a severe state of anxiety, it might manifest itself in physical symptoms such as breathlessness, violent or erratic behaviour, it might even cause suicidal thoughts, or total confusion so you have no clue where you are going or how to get back home. If this sort of distress happens for the majority of days when you might need to go out somewhere you should score under 1e. Likewise, if you avoid journeys because you know it will bring on these problems, you should be able to score.
Sometimes you do need to go out, eg to sort out a tooth abscess at the dentist, get food (or go hungry), maybe even pay an important bill to avoid court action etc - you can only avoid going out for so long - you leave the house, probably panicking, becoming overwhelmed, you arrive home (hopefully, but not necessarily in a reasonable time) you feel exhausted, overwhelmed, tight chested, and all you want to do is either scream the place down for an hour or four, or alternatively just curl up on your bed, and not eat for a couple of days. These important journeys might have to be done everyday, if you fear people, having someone with you is not necessarily going to help.
If this scenario applies to you, under PIP rules (which is not the same as in real life "can you physically go to different places, you may or may not know") you can score points.
In the world of PIP activities have to be done according to all of the legal rules - if you fail on just one of the rules you can score points. In the real world life has to go on, and there is only so much you can avoid or you just kind of manage in your own peculiar disabled way. PIP points are provided to allow disabled people who struggle with getting on with life, and can only manage in their own weird way, to get some extra money to somehow recompense for these struggles. (The idea being that more money will often help - think paying for a taxi if you can't walk, or even paying for help to look after the garden, physio appointments etc- you get sufficient points and you can use the PIP money for anything.)
PIP is very clear - if you are not safe, can't repeat, don't meet an acceptable standard and can't do in a reasonable time you should score points. The majority of days rule allows for varying conditions where there are periods of remission or just better days gives even more flexibility, but if you fail the 4 criteria above (even just one) it won't matter any way.
Ok, so I have discussed important journeys - if you find yourself able to go out for non essential purposes on an increasingly frequent basis, I guess you need to re-examine whether your 'psychological distress' is actually 'overwhelming' - Descriptor 1d or 1f does not require Overwhelming Psychological distress, although it can be used here. The 4 criteria and majority of days rules still apply. If realistically you think 1d or 1f apply it is probably safer to argue this. Whilst the tests for the 4 criteria are equal on all of 1d,1e and 1f, I think DWP take the view (probably wrongly) that not undertaking any journey due to OPD somehow shows greater disability. However, as you may be aware, DWP have gotten this area of law wrong, tried to 'repair' it by changing the law, and were told off by the High Court! Unfortunately DWP stills seems to retain basic misunderstandings about this area of law, which appears ingrained.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: SUE C C, Waxwing
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2 years 5 months ago #272877 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Descriptor 1E mobility
Hi AnxiousAnonymous,
Just to follow up on my recent post. If you can manage to go out to places, familiar or unfamiliar by being accompanied, then it is unlikely you will be able to claim under 1e. This is providing that the person accompanying means you are safe, timely,acceptable etc. If the other person adds nothing to allay your heightened anxiety etc you don't need them!
None of mobility 1 requires the use of public transport, although if you can't drive and have walking problems, there maybe a relevance.
If you need someone with you to stay safe eg in case of a fit, then you are likely to be able claim points under 1d or f as appropriate.
If you use a taxi this could constitute having someone with you. Also eg if you catch the bus and there is an informal arrangement that the driver picks you up outside your house and drops you off there because eg you have mental health difficulties and eg get anxious and lost, and the driver basically checks you get on and off correctly. This may well constitute having someone with you too.
I hope this helps clarify.
LL26
Just to follow up on my recent post. If you can manage to go out to places, familiar or unfamiliar by being accompanied, then it is unlikely you will be able to claim under 1e. This is providing that the person accompanying means you are safe, timely,acceptable etc. If the other person adds nothing to allay your heightened anxiety etc you don't need them!
None of mobility 1 requires the use of public transport, although if you can't drive and have walking problems, there maybe a relevance.
If you need someone with you to stay safe eg in case of a fit, then you are likely to be able claim points under 1d or f as appropriate.
If you use a taxi this could constitute having someone with you. Also eg if you catch the bus and there is an informal arrangement that the driver picks you up outside your house and drops you off there because eg you have mental health difficulties and eg get anxious and lost, and the driver basically checks you get on and off correctly. This may well constitute having someone with you too.
I hope this helps clarify.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 5 months ago #272878 by Anxious Anonymous
Replied by Anxious Anonymous on topic Descriptor 1E mobility
I am still so confused. I told my assessor that I can leave the house accompanied 2-3 times a week but panic and worry about having seizures but I’m banned from driving and I am too afraid to take public transport. I scored under 1E because of this.
I have read this paragraph:
- Applies to claimants who cannot undertake any journey on the majority of days, even with prompting or assistance, owing to overwhelming psychological distress.
‘Prompting’ means reminding, encouraging or explaining by another person. ‘Prompting’ can take place either before or during a journey.
‘Any journey’ means any single journey on the majority of days.
‘Overwhelming psychological distress’ means distress related to an enduring mental health condition or intellectual or cognitive impairment which results in a severe anxiety state in which the symptoms are so severe that the person is unable to function.
This descriptor is likely to apply to claimants with severe mental health conditions (typically severe agoraphobia or panic disorder) or cognitive impairments (typically a person with dementia who may become very agitated and distressed when leaving home to the extent that journeys outside the home can no longer be made either at all, or on the majority of days).
If the claimant cannot go out even with prompting on most days, so despite encouragement or support, they still fail to make any journey on most days then this descriptor will apply.
For example, a claimant who only manages to go out once a week to the 24hour supermarket at 2am. They choose this time because it is quiet and they do not usually see anyone they know there. The rest of the week they remain at home due to their agoraphobia and anxiety. They have friends and family visit them at home, but even with encouragement and offers of support, the claimant is too anxious to go out at any other time during the week. Therefore, on the majority of days, they cannot make any journey even with prompting.
And then there’s this wording:
“A claimant who satisfies 1e cannot also satisfy 1f. If they cannot undertake a single journey on the majority of days, then 1e will be the applicable descriptor, even if there are occasions when they could follow a familiar route, if accompanied.”
Even if there are occasions when they could follow a familiar route, if accompanied?
So you can leave the house a few days a week under 1E ??? Or not? Or is that fraud leaving the house? Or a change of circumstances if you’re only leaving the house accompanied?
I have read this paragraph:
- Applies to claimants who cannot undertake any journey on the majority of days, even with prompting or assistance, owing to overwhelming psychological distress.
‘Prompting’ means reminding, encouraging or explaining by another person. ‘Prompting’ can take place either before or during a journey.
‘Any journey’ means any single journey on the majority of days.
‘Overwhelming psychological distress’ means distress related to an enduring mental health condition or intellectual or cognitive impairment which results in a severe anxiety state in which the symptoms are so severe that the person is unable to function.
This descriptor is likely to apply to claimants with severe mental health conditions (typically severe agoraphobia or panic disorder) or cognitive impairments (typically a person with dementia who may become very agitated and distressed when leaving home to the extent that journeys outside the home can no longer be made either at all, or on the majority of days).
If the claimant cannot go out even with prompting on most days, so despite encouragement or support, they still fail to make any journey on most days then this descriptor will apply.
For example, a claimant who only manages to go out once a week to the 24hour supermarket at 2am. They choose this time because it is quiet and they do not usually see anyone they know there. The rest of the week they remain at home due to their agoraphobia and anxiety. They have friends and family visit them at home, but even with encouragement and offers of support, the claimant is too anxious to go out at any other time during the week. Therefore, on the majority of days, they cannot make any journey even with prompting.
And then there’s this wording:
“A claimant who satisfies 1e cannot also satisfy 1f. If they cannot undertake a single journey on the majority of days, then 1e will be the applicable descriptor, even if there are occasions when they could follow a familiar route, if accompanied.”
Even if there are occasions when they could follow a familiar route, if accompanied?
So you can leave the house a few days a week under 1E ??? Or not? Or is that fraud leaving the house? Or a change of circumstances if you’re only leaving the house accompanied?
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