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PIP and planning and following journies
- Sheila
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8 years 6 months ago #142374 by Sheila
PIP and planning and following journies was created by Sheila
I have attended my PIP assessment and I explained that I found it a problem to follow a journey if it was unfamiliar to me. I explained that due to something that happened in the past I needed to have someone with me at all times and due to stress I could not go anywhere that was unfamiliar to me. The assessor said that the question of unfamiliar journey only related to people who had severe mental illness or had something like Downs Syndrome. She asked if I went to hospital and was told that my clinic was down the corridor on the left and I could get there - then I had passed that question. Is this correct?
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- Gordon
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8 years 6 months ago #142381 by Gordon
At best it is a considerable simplification of the legal requirement.
The legal test, as opposed to the DWP guidance, sets no requirement on the cause of why a claimant may be unable to follow an unfamiliar journey, it is perfectly possible to argue that any limitation results from a mental health issue rather than specifically from a cognitive one. Even if this was not the case many could argue that the anxiety they experience on an unfamiliar journey would have a direct impact on the cognitive ability.
Secondly, although the test does not specify whether it needs to be done out of doors or not, I think most claimants would be able to successfully argue that their limitations would be reasonably different outdoors rather than indoors.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP and planning and following journies
Sheila wrote: I have attended my PIP assessment and I explained that I found it a problem to follow a journey if it was unfamiliar to me. I explained that due to something that happened in the past I needed to have someone with me at all times and due to stress I could not go anywhere that was unfamiliar to me. The assessor said that the question of unfamiliar journey only related to people who had severe mental illness or had something like Downs Syndrome. She asked if I went to hospital and was told that my clinic was down the corridor on the left and I could get there - then I had passed that question. Is this correct?
At best it is a considerable simplification of the legal requirement.
The legal test, as opposed to the DWP guidance, sets no requirement on the cause of why a claimant may be unable to follow an unfamiliar journey, it is perfectly possible to argue that any limitation results from a mental health issue rather than specifically from a cognitive one. Even if this was not the case many could argue that the anxiety they experience on an unfamiliar journey would have a direct impact on the cognitive ability.
Secondly, although the test does not specify whether it needs to be done out of doors or not, I think most claimants would be able to successfully argue that their limitations would be reasonably different outdoors rather than indoors.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- caravanj
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8 years 6 months ago - 8 years 6 months ago #142443 by caravanj
I've just, unsuccessfully, tried to help someone with their PIP claim.
They were in receipt of DLA with high rate mobility & standard rate care albeit being based purely on their paper application.
After their PIP assessment they were refused both care & mobility for PIP.
The reason for the mobility refusal was based on the fact that they had a car & could drive to places in their town such as the hospital etc.
The refusal of the care component appears to be based on the fact that as they live alone they don't need any care.
The MR reached the same conclusion.
Replied by caravanj on topic PIP and planning and following journies
Sheila wrote: I have attended my PIP assessment and I explained that I found it a problem to follow a journey if it was unfamiliar to me. I explained that due to something that happened in the past I needed to have someone with me at all times and due to stress I could not go anywhere that was unfamiliar to me. The assessor said that the question of unfamiliar journey only related to people who had severe mental illness or had something like Downs Syndrome. She asked if I went to hospital and was told that my clinic was down the corridor on the left and I could get there - then I had passed that question. Is this correct?
I've just, unsuccessfully, tried to help someone with their PIP claim.
They were in receipt of DLA with high rate mobility & standard rate care albeit being based purely on their paper application.
After their PIP assessment they were refused both care & mobility for PIP.
The reason for the mobility refusal was based on the fact that they had a car & could drive to places in their town such as the hospital etc.
The refusal of the care component appears to be based on the fact that as they live alone they don't need any care.
The MR reached the same conclusion.
Last edit: 8 years 6 months ago by Gordon. Reason: corrected quote
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- Gordon
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8 years 6 months ago #142459 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP and planning and following journies
caravan
The mobility refusal won't specifically be because they drive to a place, it will be based on what happens after they leave the car at their destination.
The care refusal is more complicated. A claimant does not have to be receiving care for a care award to be made, but they do have to explain how they manage their daily activities without support, for example; it will be almost impossible to show that they need prompting if they live alone, although an obvious exception to this would be if someone phones them to ensure that they have completed an activity. In other circumstances it will be down to them being unable to do them reliably.
Gordon
The mobility refusal won't specifically be because they drive to a place, it will be based on what happens after they leave the car at their destination.
The care refusal is more complicated. A claimant does not have to be receiving care for a care award to be made, but they do have to explain how they manage their daily activities without support, for example; it will be almost impossible to show that they need prompting if they live alone, although an obvious exception to this would be if someone phones them to ensure that they have completed an activity. In other circumstances it will be down to them being unable to do them reliably.
Gordon
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- caravanj
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8 years 6 months ago #142529 by caravanj
Gordon,
My post wasn't very clear. What I meant was that the DWP letter said that because she drove to her appointments she was deemed to be able to plan a journey & follow a route but they didn't appear to differentiate between very short distance local well travelled journeys & unfamiliar ones.
As regards the care element I totally agree that as they lived on their own & didn't have a nominated carer it was always going to more difficult than if they did have a carer.
Anyway they're moving to live near to their daughter & will reapply for PIP when they've done it so at the next assessment it will be:
"how do you get to the doctors?"
"my daughter has to take me"
etc
Replied by caravanj on topic PIP and planning and following journies
Gordon wrote: caravan
The mobility refusal won't specifically be because they drive to a place, it will be based on what happens after they leave the car at their destination.
The care refusal is more complicated. A claimant does not have to be receiving care for a care award to be made, but they do have to explain how they manage their daily activities without support, for example; it will be almost impossible to show that they need prompting if they live alone, although an obvious exception to this would be if someone phones them to ensure that they have completed an activity. In other circumstances it will be down to them being unable to do them reliably.
Gordon
Gordon,
My post wasn't very clear. What I meant was that the DWP letter said that because she drove to her appointments she was deemed to be able to plan a journey & follow a route but they didn't appear to differentiate between very short distance local well travelled journeys & unfamiliar ones.
As regards the care element I totally agree that as they lived on their own & didn't have a nominated carer it was always going to more difficult than if they did have a carer.
Anyway they're moving to live near to their daughter & will reapply for PIP when they've done it so at the next assessment it will be:
"how do you get to the doctors?"
"my daughter has to take me"
etc
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