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PIP mobility tribunal based on MH ruling (tribunal judgement)

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2 years 2 months ago #274464 by merah95
Hi
I have a tribunal coming up for PIP mobility due to the MH judgement. I originally had 4 points total for mobility and that was from planning and following journeys.

The dwp after they looked at my claim again due to MH judgement, they wrote the following (… means I’ve withheld personal information)

My decision
MH v DWP tribunal judgement, this relates to how overwhelming psychological distress is considered when assessing the ability of someone to plan and follow a journey. This change applies from 28 November 2016. The change in law affects those people who have severe anxiety but will go out most days as long as they are with another person. when they go out, they experience overwhelming psychological distress, and they are unable to manage the journey alone.

We looked again at your claim from … to…. In your PIP2 claim form dated … you said that you can not follow any journey due to overwhelming psychological distress.
At your assessment on…whilst it is noted you attended alone …
The information you provided suggests that you have significant difficulty leaving your home most days. Although you sometimes go out the evidence indicates this is not on the majority of days. We are unable to make any changes to the original decision


My question to the forum is based on “overwhelming psychological distress” and ‘’if they could not undertake a journey at all.’’

I obviously went to my medical and the dwp and atos(or whoever) have used that as a marker for all journeys(remember I am challenging based on MH), but my main point at the tribunal is that I can not undertake a journey at all which will be descriptor 1e which is 10 points and the standard rate of pip mobility.
So, my main question for the board is this, does MH account for “overwhelming psychological distress” with ‘’if they could not undertake a journey at all.’’ Or does the MH judgement just account for “overwhelming psychological distress” and ‘’they needed someone with them to follow the route of an unfamiliar journey’’

Because of the wording of my refusal letter from DWP including the judgement MH and the algorithm dwp use, it does not mention ‘’could not undertake a journey at all.’’, because of “overwhelming psychological distress”, instead my DWP refusal letter focuses entirely on ‘’they needed someone with them to follow the route of an unfamiliar journey’’
Just wondered if I’m being manipulated by the DWP and their algorithms as well as being dictated to regarding; but will go out most days as long as they are with another person. Rather than could not undertake a journey at all.

So is the MH judgement just for people ‘’but will go out most days as long as they are with another person’’
Thanks in advance.

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2 years 2 months ago #274489 by Gordon
merah95

MH does not cover Descriptor (e) with the exception that it is considered to be mutually exclusive with Descriptors (d) and (e), in other words, if you cannot leave your house then your ability to follow a route cannot be considered and of course if you can leave your house then then (e) cannot be relevant.

Gordon

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2 years 2 months ago #274503 by merah95
Hi
For planning and following journeys.
Can you provide any simpler clarification (such as yes you can or no you can’t), I’m not trying to get descriptor D I’m trying to get specifically from 4 points of descriptor B to 10 points of descriptor E for this mobility under my tribunal based on MH is it possibly/allowable?

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2 years 2 months ago #274509 by Gordon
merah95

Yes, you can but MH is not going to help you do so.

You need to show you would suffer OPD if asked to leave your home, for (e) it is not relevant whether you would be accompanied or not it is just about your going out in the first place.

You will need to show that you are affected on the majority of days as this seems to be at the centre of the DWP's argument based on your post.

Gordon

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2 years 2 months ago #274512 by merah95
hi
Yes, I know (e) it is not relevant whether you would be accompanied or not it is just about your going out in the first place.
But I am at the tribunal stage 4 years after I was awarded care and not mobility solely due to MH (I didn’t challenge the 2018 granting of just the care component), hence why I am making sure MH is for (e) and in my case (B) to (e) I have picked up that MH is for (F) I think, but I am not targeting (F) or (D) I am solely trying to get my points across to the tribunal for (E).
I don’t want them saying actually; we can’t change your (B) to an (e) based on your comments at this tribunal because MH is not for that change of B to E its solely for d and f (or perhaps e to f), which again is nothing to do with my potential case.
I am not challenging the original 2018 where I got a care component, I am at the tribunal solely for MH, and specifically B to E I won’t be getting drawn into other descriptors at the tribunal.
And making sure as such via this forum that I can get a B to E via MH and not challenging the 2018.
Sorry if it may seem we’re going around in circles.

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2 years 2 months ago #274513 by Gordon
merah95

I can only repeat what I have previously said.

MH does not apply to Descriptor (e) or to moving from (b) to (e) arguing it does will not provide any assistance at your Tribunal.

Your arguments must be based on your meeting the requirements for (e).

Gordon

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