- Posts: 50
× Members
mandatory request
- theophilus9
- Topic Author
- Offline
Less More
1 year 7 months ago #280130 by theophilus9
mandatory request was created by theophilus9
Thank you for your reply I have the medical assessment report and the decision makers decision, I received 10 points for mobility but the decision maker said because I am not having any input, support from professionals any more I am not entitled to the planning a journey because there is no evidence to support overwhelming psychological distress so I can plan a journey without support, I have been under treatment from 2016 till 2021 diagnosed with PTSD Depression anxiety that hasn't gone away I still suffer and explained in my review form I cannot even leave the house without someone encouraging and supporting me when I'm out dose this mean that unless I am seeing a Professional for the rest of my life I am not entitled to the going out and planning a journey I thought it was about the condition and how it affects and prevents me fulfilling daily activities which I have a clinical diagnosis which hasn't changed I am just managed by my doctor and medication please advise I am requesting a mandatory reconsideration
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8213
1 year 7 months ago #280157 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic mandatory request
Hi theophilus9
You are correct, I do wonder sometimes how assessors are trained.
You should contact the DWP for a copy of the assessment report (PA4) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
benefitsandwork.co.uk/guides-for-claimants/pip
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there any problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
Gary
You are correct, I do wonder sometimes how assessors are trained.
You should contact the DWP for a copy of the assessment report (PA4) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
benefitsandwork.co.uk/guides-for-claimants/pip
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with you leaving the house to go somewhere, they will be interested in the things that stop you doing this. You need to show that you would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity about the problems you would have navigating a route. So are there any problems; cognitive, sensory or mental health issues that would prevent you from doing this? This is different from undertaking a journey, in fact, if you cannot undertake a journey then you will not score points for following one and vice versa.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- theophilus9
- Topic Author
- Offline
Less More
- Posts: 50
1 year 7 months ago #280160 by theophilus9
Replied by theophilus9 on topic mandatory request
thank you for your reply, the decision maker has not award any points for undertaking a journey because I am not undergoing any therapy or being seen by a professional even though I have been diagnosed with PTSD Depression anxiety and on medication, which is un fair because i explained the support and why using your guides I feel that unless I am permanently seeing a Professional my diagnosis is invalid I have provided evidence letters which meet the markers/points for the activity will they not take the evidence into account if I have been discharged?
Please Log in or Create an account to join the conversation.
- theophilus9
- Topic Author
- Offline
Less More
- Posts: 50
1 year 7 months ago #280161 by theophilus9
Replied by theophilus9 on topic mandatory request
sorry just to add, I went in great detail how going out ect affects me and not being able to plan/follow a journey and my psychiatrist stated in his letter this what more evidence do I need,
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8213
1 year 7 months ago #280164 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic mandatory request
Hi theophilus9
You do not have to be seeing a professional to get this award, who goes out with you, ask them to write a supporting letter stating what help they provide when you go out.
You stated in your next post that your 'psychiatrist stated in his letter' if your psychiatrist wrote a support letter then you are seeing a professional. so raise this in your MR.
Gary
You do not have to be seeing a professional to get this award, who goes out with you, ask them to write a supporting letter stating what help they provide when you go out.
You stated in your next post that your 'psychiatrist stated in his letter' if your psychiatrist wrote a support letter then you are seeing a professional. so raise this in your MR.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8213
1 year 7 months ago #280165 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic mandatory request
Hi theophilus9
see my previous answer to your post which covers this question.
Gary
see my previous answer to your post which covers this question.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: theophilus9
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David