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PIP change of circumstances
- cgrogan
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1 month 2 weeks ago #296440 by cgrogan
PIP change of circumstances was created by cgrogan
I have been receiving PIP with enhanced daily living and standard mobility rate for anxiety and depression for a few years. I had said on the PIP form when I was last reassessed two years ago that I had difficulty planning and following journeys driving in the car because of severe anxiety, repetitive behaviour and poor concentration and motivation but the assessor said that I can’t undertake any journeys because it would cause me overwhelming psychological distress. Sometimes I have to go out, to appointments or shops so I don’t understand why I was awarded 10 points and not 12 for mobility. Since my award, I was referred by my GP for an autism diagnosis and was assessed as autistic. Although previously fairly reclusive, I have now been getting more support to talk and go out and to drive more often. I still have overwhelming psychological distress which has been identified as an autistic meltdown, but I want to try again for the higher mobility award of 12 points but I am scared of losing what I already have as I am unable to work. I have tried to research the reasons for not getting 12 points previously, but I don’t understand why I didn’t get it when the assessor knew I drive my own car to appointments and shops, although I have trouble with social engagement. Has anyone had a similar experience? My GP is very supportive and The Benefits and Works Guides are extremely clear but I don’t know if I should ask for reassessment and if my benefits would be stopped. Any comments would be appreciated. Thanks.
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1 month 2 weeks ago #296454 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP change of circumstances
Hi cgrogan
This is a decision that you will have to make for yourself - but here are a couple of things you might want to think about. Bear in mind I am not an assessor, I wasn't there during your assessment to hear what you were asked and what the assessor said and nor do I know exactly what you wrote.
You say that the assessor was aware that you drove to the shops and to appointments - occasionally. Unless you said that you could only do those journeys with someone accompanying you, or with an assistance dog or using an orientation aid, you would not have been awarded 1f (12 points). If you said at the time that you always had someone in the car with you when you went out - then you could have challenged the decision at the time and argued for 12 points, saying the assessor made a mistake.
Now, you were surprised that you were awarded the 10 points, implying that you never go out because of overwhelming psychological distress. That was the assessor's opinion at the time, and as you didn't challenge your previous review report, that is the last mark on file.
Normally, when people put in for a change of circumstances - it is to say their condition has deteriorated. From what you have said - you are going out more, which could easily be interpreted (by the DWP - not me) as an improvement in your condition, so you will have to be careful how you word your letter or what you tell them over the phone if you decide to put in for a change of circumstance. I would argue that you didn't have the energy or understanding, etc, at the time.
I'm still not sure from what you say whether you currently always have someone with you when you go out. If you are going out alone to familiar places - e.g. shops and appointments - they are unlikely to award you 12 points, and there is a risk (albeit a small one) that if they review your case, they could drop your award to 4 points, saying that to avoid OPD you need encouragement to go out on any journey.
So, if you decide to apply for a change of circumstance, my advice is to be very clear about why you are applying now. Come back if you have any further questions.
BIS
This is a decision that you will have to make for yourself - but here are a couple of things you might want to think about. Bear in mind I am not an assessor, I wasn't there during your assessment to hear what you were asked and what the assessor said and nor do I know exactly what you wrote.
You say that the assessor was aware that you drove to the shops and to appointments - occasionally. Unless you said that you could only do those journeys with someone accompanying you, or with an assistance dog or using an orientation aid, you would not have been awarded 1f (12 points). If you said at the time that you always had someone in the car with you when you went out - then you could have challenged the decision at the time and argued for 12 points, saying the assessor made a mistake.
Now, you were surprised that you were awarded the 10 points, implying that you never go out because of overwhelming psychological distress. That was the assessor's opinion at the time, and as you didn't challenge your previous review report, that is the last mark on file.
Normally, when people put in for a change of circumstances - it is to say their condition has deteriorated. From what you have said - you are going out more, which could easily be interpreted (by the DWP - not me) as an improvement in your condition, so you will have to be careful how you word your letter or what you tell them over the phone if you decide to put in for a change of circumstance. I would argue that you didn't have the energy or understanding, etc, at the time.
I'm still not sure from what you say whether you currently always have someone with you when you go out. If you are going out alone to familiar places - e.g. shops and appointments - they are unlikely to award you 12 points, and there is a risk (albeit a small one) that if they review your case, they could drop your award to 4 points, saying that to avoid OPD you need encouragement to go out on any journey.
So, if you decide to apply for a change of circumstance, my advice is to be very clear about why you are applying now. Come back if you have any further questions.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: cgrogan
- cgrogan
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1 month 2 weeks ago #296465 by cgrogan
Replied by cgrogan on topic PIP change of circumstances
Thank you! That gives me plenty to consider. I am going to think about how I might word things if I apply for a change of circumstances and sit on it for a bit. Thank you for your valuable input on this site.
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