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2 years 4 months ago #273105 by Kaneo
PIP appeal was created by Kaneo
Hi. Six years ago, largely thanks to the information on this wonderful site, my daughter, who has a diagnosis of paranoid schizophrenia, was awarded the lower rate of daily living and, after an appeal to a tribunal, the higher rate for mobility she had initially been awarded nothing for mobility by the DWP). Almost three weeks ago, she received the decision on her renewal. This time she was awarded the higher rate for daily living (which I agree with though some of scores seem anomalous) but only the lower rate for mobility. We had assumed she would continue to receive the higher award as she goes to medical appointments regularly (she has to attend a clinic once a month and also has occasional doctor’s appointments). She always needs to be taken to these and have a family member with her during the appointment because of her unremitting anxiety at being with other people. She also does sometimes go out with family, though this is rare and inconsistent, and she will only ever go when pressed to do so by her husband or me and is always escorted. At the time of her first award she was attempting to go out a bit more but she was attending far fewer medical appointments so we considered overall her practical ability to go out was little changed. But the moderator said the descriptor 1e (unable to undertake any journey because of overwhelming psychological distress). I thought this only applied if someone never left the house at all.
The moderator actually phoned her husband (who has become her appointee) on another issue (she is owed some PIP money and he needed to check details) and said she would be getting the lower amount as the law had changed since her first award. I know of the changes that took place as a result of the Upper Tribunal decision (CPIP/1347/2015) with the government changing the mobility descriptors for psychological distress in response to the Tribunal’s decision and then having to backtrack in January 2018. I know of no other changes that would effect a change in my daughter’s eligibility for the higher award. It is as if the moderator did not count journeys to medical appointments or very occasional outings,
If we are to appeal, we have to do so by 7th September. On the basis of the information here, is there a reasonable hope of an appeal being successful? And if so, can we include further information on her occasional outings to clarify what was written in the original application.
Thank you in advance for any advice or clarification on the law that you can give. We are extremely grateful for all the help you give.

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2 years 4 months ago #273206 by LL26
Replied by LL26 on topic PIP appeal
Hi Kaneo,
This one is bit tricky!
1e - can't undertake journey etc means that fir the majority of days you have such overwhelming distress that you don't tend to go out. Two important things here - majority of days won't preclude the occasional journey eg to go to GP, Tesco etc. Secondly, all descriptors have to be done "reliably" there are 4 components
Acceptable standard
Repeatedly- across the whole day as reasonably required
Reasonable time- no more than twice that for non disabled people
Safely
It is entirely possible that due to the overwhelming psychological distress someone will go out, get in a really bad state, get lost, get in danger etc - this would then suggest that they can't complete this descriptor.

However, it is also accepted by the Upper Tribunal that avoidance is a tactic used by many disabled people as it is easier. Think eg pull on clothing rather than buttoned shirts. Staying in can be evidence of avoidance and therefore indicates the overwhelming distress.

Those who fall under 1e get 10 pts, so not enough for enhanced rate. There are 12 points under 1 f. The rationale is that it is more disabling, and difficult to arrange for companion to take you out, costs more money. The 12 points to give enhanced rate represents the additional money that needing a companion will take. That's the theory, and it does make sense.

So, under 1e you can go out occasionally, and similarly under 1f you can make occasional journeys alone.

I think this is why it is tricky. I think it is possible to aard either 1e or 1f correctly here. Presumably the tribunal took particular view on this and felt 1f was correct. Did they give any detailed reason for this?

However the law - regulation 7 PIP Regs 2013 requires the highest point value to be awarded when 2 or more activities under one descriptor apply equally. The most prevalent task shoukd accrue points when there is an unequal spread. This may be your best argument.

But, I think there could be a risk to the existing award. Enhanced daily living and standard mobility is a very good award. Whilst the risk is small, there is a possibility of losing this if you appeal, but I think that you may struggle to win the appeal and this might be very disappointing. I assume that there is no chance of points under mobility 2 which would perhaps be more likely to succeed if these were possible and not awarded.
I hope this helps.
LL26

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2 years 4 months ago #273210 by Gordon
Replied by Gordon on topic PIP appeal
Kaneo

Whilst LL26 is correct that the normal practice should be to score the highest of two Descriptors that the claimant meets, Mobility 1 is actually an exception to this rule, the three Judge panel concluded that 1e and 1f are mutually exclusive of each other.

In other words, you can only score for 1f by fundamentally undermining the reasons why she scored for 1e with the risk she could score for neither Descriptor.

You mention an appeal but it is not clear that you have done a Mandatory Reconsideration with the DWP, this is required to be completed before an appeal can be lodged with the Tribunal Service.

The risk is lower at appeal as the Judge must allow the claimant an opportunity to withdraw their appeal if the panel is considering a lower award.

Gordon

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The following user(s) said Thank You: LL26

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2 years 3 months ago #274306 by Kaneo
Replied by Kaneo on topic PIP appeal
Thank you both for your replies. I should have made clear we were considering whether or not to ask for a Mandatory Reconsideration. We actually did go ahead with the MR and have just received a letter awarding her the higher mobility rate. I think this is probably for three reasons:
1. We stressed the tribunal decision 6 years ago and the fact that her inability to go out unless accompanied is unchanged.
2. The regularity and frequency of her medical appointments.
3. For some reason, we had omitted to mention in the original application that, because of her social phobia, she cannot stay in her house when the cleaner is there. The cleaner is paid for by by us, her parents and comes once a week, so every week we (her parents) collect her and bring her to our house, which is only a short walk away. We were not sure they would take this regular journey into account as it was not in the original application, but I think they probably did. A lesson in ensuring we include every relevant detail.
I must, once again, thank the Benefits and Work website for the fantastic, clear guides and advice, without which we would not have been able to really get to grips with the whole process, first or second time around.
The following user(s) said Thank You: denby

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2 years 3 months ago #274321 by BIS
Replied by BIS on topic PIP appeal
Hi Kaneo

Many congratulations for getting your daughter's award upgraded by submitting an MR. That is good news. Glad to hear your found the guides and advice useful.

BIS

Tags: @RESULT @PIP @MR

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2 years 3 months ago #274327 by LL26
Replied by LL26 on topic PIP appeal
Hi Kaneo,
Well done! I'm glad that you found our website helpful. Persistence pays!
LL26

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