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No Mobiliy Award for Mental Health Problems PIP
- tywanda46
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8 years 8 months ago - 8 years 7 months ago #139443 by tywanda46
No Mobiliy Award for Mental Health Problems PIP was created by tywanda46
Hi I would be grateful if you could advise me please.
I have been awarded daily living activites at the enhanced rate (I scored 17 points)
But have lost my mobility award as I only scored 4pts under 1b) for planning and following a journey (For DLA I was in the low mobility bracket)
I feel I should qualify for 1d) as I suffer from PTSD and high anxiety and do not go on any unfamiliar journeys unless someone is with me to calm me down. This is because if I get lost I suffer panic attacks which means that I would become more lost and be unable to approach anyone for help. I therefore do not think I would be safe to do so unaided.
I can travel on a bus or train to familiar places but even this is very difficult at times if there is an unexpected event during the journey.
However I see that the DWP states that 'A person should only be considered able to follow an unfamiliar journey if they are capable of using public transport (bus or train)
Where do I stand if I am more often than not able to travel to familiar places on public transport BUT cannot travel ANYWHERE to unfamiliar places.
I ask this as I am wanting to ask for a mandatory reconsideration.
Do you think that this is worth doing as I will only be asking them to look at the mobility component and not the daily living activities?
I have been awarded daily living activites at the enhanced rate (I scored 17 points)
But have lost my mobility award as I only scored 4pts under 1b) for planning and following a journey (For DLA I was in the low mobility bracket)
I feel I should qualify for 1d) as I suffer from PTSD and high anxiety and do not go on any unfamiliar journeys unless someone is with me to calm me down. This is because if I get lost I suffer panic attacks which means that I would become more lost and be unable to approach anyone for help. I therefore do not think I would be safe to do so unaided.
I can travel on a bus or train to familiar places but even this is very difficult at times if there is an unexpected event during the journey.
However I see that the DWP states that 'A person should only be considered able to follow an unfamiliar journey if they are capable of using public transport (bus or train)
Where do I stand if I am more often than not able to travel to familiar places on public transport BUT cannot travel ANYWHERE to unfamiliar places.
I ask this as I am wanting to ask for a mandatory reconsideration.
Do you think that this is worth doing as I will only be asking them to look at the mobility component and not the daily living activities?
Last edit: 8 years 7 months ago by bro58.
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- Gordon
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8 years 8 months ago #139461 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No Mobiliy Award for Mental Health Problems PIP
Wanda
Have a look at the current PIP Claim guide and the advice for Going Out, it will explain the DWP's thinking in regard to your Mobility.
If you want to challenge the Decision then you need to be aware that the DWP can look at your whole award and reduce or even remove it, I think this very unlikely if you scored 17 points for Daily Living but I cannot categorically state that it Is zero.
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 and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report 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.
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;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Have a look at the current PIP Claim guide and the advice for Going Out, it will explain the DWP's thinking in regard to your Mobility.
If you want to challenge the Decision then you need to be aware that the DWP can look at your whole award and reduce or even remove it, I think this very unlikely if you scored 17 points for Daily Living but I cannot categorically state that it Is zero.
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 and template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report 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.
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;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- tywanda46
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8 years 8 months ago #139833 by tywanda46
Replied by tywanda46 on topic Mandatory Reconsideration -PIP
Hi,
I have read your detailed guide to mandatory reconsiderations which is excellent, thank you.
I am in the process of applying for one due to the fact that I was only awarded 4pts for planning and following a journey due to needing prompting to avoid overwhelming psychological distress. ( I previously was awarded low mobility foir DLA)
I have downloaded your 'PIP mobilising Submission' form and also 'PIP Journey' form.
My question is would these forms be useful to send with my own reasons or a) Are they only for those going to Tribunal and b) Would they result in the decision maker being angry!
I would like to send the forms as I think they are excellent and really explain my predicament but am worried about upsetting them and it being used against me.
I have already received a telephone call from the DWP asking me why I was requesting a reconsideration and did I really want to have the decision looked at again as had scored 4 points!
I would be really grateful for your advice, many thanks
I have read your detailed guide to mandatory reconsiderations which is excellent, thank you.
I am in the process of applying for one due to the fact that I was only awarded 4pts for planning and following a journey due to needing prompting to avoid overwhelming psychological distress. ( I previously was awarded low mobility foir DLA)
I have downloaded your 'PIP mobilising Submission' form and also 'PIP Journey' form.
My question is would these forms be useful to send with my own reasons or a) Are they only for those going to Tribunal and b) Would they result in the decision maker being angry!
I would like to send the forms as I think they are excellent and really explain my predicament but am worried about upsetting them and it being used against me.
I have already received a telephone call from the DWP asking me why I was requesting a reconsideration and did I really want to have the decision looked at again as had scored 4 points!
I would be really grateful for your advice, many thanks
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- Gordon
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8 years 7 months ago #139840 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No Mobiliy Award for Mental Health Problems PIP
Wanda
I have merged your post so that we both know what has been advised before.
I think it more likely that the Tribunal will understand the content than a Decision Maker but there is no reason why you should not send these documents as part of you MR.
Don't worry about making the DM angry they deal with multiple claims every day, they don't have the time to get angry.
Gordon
I have merged your post so that we both know what has been advised before.
I think it more likely that the Tribunal will understand the content than a Decision Maker but there is no reason why you should not send these documents as part of you MR.
Don't worry about making the DM angry they deal with multiple claims every day, they don't have the time to get angry.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: tywanda46
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- tywanda46
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8 years 7 months ago #140059 by tywanda46
Replied by tywanda46 on topic Mandatory Reconsideration -PIP
Hi, You have been very helpful so far but have another query please.
I am asking for a mandatory reconsideration for mobility as was only awarded 4pts for needing prompting following any journey due to psychological distress.However I feel I should have scored 10pts for being unable to plan or follow an unfamiliar journey.
One question relates to the supporting letter that my care coordinator has written. In it she states:-
' You have said that you need support from another person and if this is not available you, you have help getting onto the train from your starting point and use railway staff prebooked at the station to escort you to the next train.
The reason you require support is that you have a heightened response to noise and crowds which results in a flght or flight response, inability to think clearly and problem solve and a need to escape the situation. Ideally you need support to allow you to complete all journeys'
My questions are:-
1) Should she mention my diagnosis of PTSD and borderline personality disorder
2) Should she be more specific about the support, ie to calm me, help me continue the route by navigating for me, and holding on to my arm.? I ask this question because the DWP definition of prompting only means reminding, encouraging or explaining to another person.
3) Would the DM dismiss help from railway staff assistance as it is not help for the whole journey, and therefore not mention it.
My other question relates to using transport where the DWP has stated in 11 D):-
'A person who should only be considered able to follow an unfamiliar
journey, if they would be capable of using public transport.' Could you explain what this means please.
I have downloaded and read all your forms on PIP which have been very helpful, thank you but would appreciate help with the above questions.
Thank you
I am asking for a mandatory reconsideration for mobility as was only awarded 4pts for needing prompting following any journey due to psychological distress.However I feel I should have scored 10pts for being unable to plan or follow an unfamiliar journey.
One question relates to the supporting letter that my care coordinator has written. In it she states:-
' You have said that you need support from another person and if this is not available you, you have help getting onto the train from your starting point and use railway staff prebooked at the station to escort you to the next train.
The reason you require support is that you have a heightened response to noise and crowds which results in a flght or flight response, inability to think clearly and problem solve and a need to escape the situation. Ideally you need support to allow you to complete all journeys'
My questions are:-
1) Should she mention my diagnosis of PTSD and borderline personality disorder
2) Should she be more specific about the support, ie to calm me, help me continue the route by navigating for me, and holding on to my arm.? I ask this question because the DWP definition of prompting only means reminding, encouraging or explaining to another person.
3) Would the DM dismiss help from railway staff assistance as it is not help for the whole journey, and therefore not mention it.
My other question relates to using transport where the DWP has stated in 11 D):-
'A person who should only be considered able to follow an unfamiliar
journey, if they would be capable of using public transport.' Could you explain what this means please.
I have downloaded and read all your forms on PIP which have been very helpful, thank you but would appreciate help with the above questions.
Thank you
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8 years 7 months ago #140067 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No Mobiliy Award for Mental Health Problems PIP
tywanda
Please try and keep your posts in one topic, it adds to the Moderator workload when we have to search the forum to find out what has been advised previously.
To try and answer your questions.
1. There is no harm in your mentioning your conditions again, but remember it is not the condition that will result in an award but the effects it has on you, so if you do mention it, try and do so in connection to the PIP Descriptors.
2. To receive a higher award of Mobility through the Going Out Descriptor you will need to show that you need more than the "prompting" that the DWP suggest should be adequate, there is a detailed explanation of this in the PIP Claim guide.
3. No I don't think they would.
4. There is no legal requirement for a journey to include public transport, the Descriptors that are defined in law make no reference to this. The requirement is detailed in the DWP guidance for assessors. There is a copy of this guidance in the PIP section.
Gordon
Please try and keep your posts in one topic, it adds to the Moderator workload when we have to search the forum to find out what has been advised previously.
To try and answer your questions.
1. There is no harm in your mentioning your conditions again, but remember it is not the condition that will result in an award but the effects it has on you, so if you do mention it, try and do so in connection to the PIP Descriptors.
2. To receive a higher award of Mobility through the Going Out Descriptor you will need to show that you need more than the "prompting" that the DWP suggest should be adequate, there is a detailed explanation of this in the PIP Claim guide.
3. No I don't think they would.
4. There is no legal requirement for a journey to include public transport, the Descriptors that are defined in law make no reference to this. The requirement is detailed in the DWP guidance for assessors. There is a copy of this guidance in the PIP section.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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