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Q13 IN PIP

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1 year 7 months ago #280654 by Pepper
Q13 IN PIP was created by Pepper
I'm sorry, this question will have been asked, I just can't find it.

Could having poor concentration and cognitive functions, count as being unable to plan a journey ? also due to brain injury that caused cognitive difficulties, I need physical support going out as I have falls. Would this score points on descriptor 1d? I'm preparing for tribunal.
thanks

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1 year 7 months ago #280667 by Gary
Replied by Gary on topic Q13 IN PIP
Hi Pepper

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.

You will need to prove that you have a cognitive or sensory impairment in order to score here.

You are not required to walk pain free but any pain that restricts the distance that you can walk should be taken into account.

Specifically for the Moving Around activity, if you are able to walk but you are in severe pain when doing so, then you can argue that your walking is not to a necessary standard and should be disregarded.

The legal test requires you to stand and then move (walk), so if you have problems getting up then you should document these as well.

If you walk slowly then it must take you at least twice the time to cover the distance as a healthy person would, this could be down to the speed of your walking but could also be the result of having to stop.

You must be able to repeat the distance, so if you could walk it once but not then be able to walk it again within a reasonable timescale then you should be classed as unable to repeat the activity.

I'm afraid I can't tell you how to show your walking is more restricted but things you need to think about is what you can't do, for example; where can you walk in your house, how far is the toilet from where you normally sit, things that will count against you are any trips that you make outside, so for example, how do you do your shopping?

You must be able to walk the distance you can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
benefitsandwork.co.uk/guides-for-claimants/pip

So you need to explain what you can do, how you are limited and why.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: ivyfox

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1 year 7 months ago #280837 by Pepper
Replied by Pepper on topic Q13 IN PIP
Thank you for your reply. I'm struggling with this mobility section. After having the top rate of DLA and then the enhanced rate of PIP for 18 years, over these years I've had many face to face reviews without a problem and then after one phone review /consultation, my rate has dropped in the mental health part from 4 to 0, I still get 8 for the movement part, meaning I'm now getting standard rather than enhanced. I am waiting for a tribunal date. I'll go back and read the guides for claimants.

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1 year 6 months ago #280866 by Gordon
Replied by Gordon on topic Q13 IN PIP
Pepper

Your previous DLA award of Higher Rate Mobility would have been for your physical restrictions, not any mental health ones.

Do you have the assessor's report from any previous PIP assessments? If you do, what did they say in justification of the four points?

Gordon

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

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1 year 6 months ago #280868 by Pepper
Replied by Pepper on topic Q13 IN PIP
Hi Gordon,

I have received the ‘Bundle’. I will check to see if past PIP assessments are there, as I’ve only concentrate on the assessors report from this review.
Thanks

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