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Planning and following journeys plus engaging face2face

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2 years 4 months ago #273208 by Perdita
Planning and following journeys
Would going into a communal garden area immediately outside your house count as going out/undertaking a journey? Do you have to not go beyond your front door ever to meet the descriptor 11 e) 'cannot undertake any journey because it would cause overwhelming psychological distress to the claimant'

Planning and following journeys.
If you rarely go out, due to overwhelming psychological distress, would this be 11e) or if you could go out to a familiar place but only once in a blue moon, but with another person (carer) necessary to help with any encounters causing overwhelming psychological distress, - opd would hamper the following of the journey- would this be 11f).

Engaging face2face
If you could only engage face to face with your carer, but face to face with any other person caused overwhelming psychological distress - would this meet the descriptor 9d)i 'cannot engage with other people due to such engagement causing overwhelming psychological distress to the claimant'.

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2 years 4 months ago - 2 years 4 months ago #273254 by Gordon
Perdita

So which Descriptor(s) would be applicable will depend on what you can do on the majority of days.

So, if (on the majority of days) you are unable to leave your house due to overwhelming psychological distress then you should be looking at 11e.

However, if (on the majority) of days you are able to leave your house but are then unable to complete a journey, then it would 11d or 11f as applicable.

Providing the communal garden is part of the area shared by the residents, for example; the houses surround the area, then I do not think it would be counted a journey but it may well be treated as your leaving your house and you should be prepared to address this in your PIP2 or if asked at an assessment. If it is separate then it may be treated as a journey to a familiar destination.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 2 years 4 months ago by Gordon.
The following user(s) said Thank You: Perdita

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2 years 4 months ago #273268 by Perdita
Thank you.
What are your thoughts please on the engaging face to face part of my same post?

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2 years 4 months ago #273274 by Gordon
Perdita

Apologies for missing that.

I'm afraid it is impossible to offer an opinion on whether someone meets the criteria for a particular Descriptor, there are just too many aspects that need to be considered.

Be aware that 9d uses the restriction "cannot", whilst the majority of days still applies you should still expect the DWP to apply a stricter rule.

This is still about engaging socially so you can argue that meetings with your carer are outside of this.

You will need to explain how the OPD you experience when meeting people affects you, this may be distressing for you but it is important that you try.

The PIP Claim guide has a more detailed explanation of how this activity works.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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2 years 4 months ago #273277 by Perdita
Thank you. My carer lives with me. I cannot mix with anyone else. If I do not mix at all due to overwhelming psychological distress, would the assessor award zero points because I was not doing the activity? I appreciate your thoughts.

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2 years 4 months ago #273294 by BIS
Hi Perdita

As Gordon said in his previous place, we can't say whether or not someone will be awarded points or not. If a claimant is unable to engage with people, then they should be awarded points. You can read more about it on pages 70 - 74 of the Guide to PIP claims and reviews.

benefitsandwork.co.uk/guides-for-claimants/pip

BIS

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