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Planning and following

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8 years 8 months ago - 8 years 8 months ago #140015 by Bryando
Planning and following was created by Bryando
Hi there,

Trying to decide whether a person I know could apply for PIP based on anxiety. Person in question is having problems within a face to face working enviroment. Said person has panic attacks on public transport.

The fact she works on a face to face basis makes me think PIP would bin the claim. Her duties have been altered or she calls on help , walks away and does something not needing face to face contact.


Cannot engage with other people due to such engagement causing either - (i) overwhelming psychological distress to the claimant; or
(ii) the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another person. 8 points

[/u]

The cannot engage with other people due to such engagement causing overwhelming distress is getting me. She can engage but has mental distress that has warranted sedation from the doc.

So can the fact she CAN engage therefore mean-0 points? I feel my over thinking has created a lack of confidence. Therefore would be glad of any pointers.

Thanks.
Last edit: 8 years 8 months ago by .

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8 years 8 months ago - 8 years 8 months ago #140016 by
Replied by on topic Planning and following

Charlie123 wrote: Hi there,

Trying to decide whether a person I know could apply for PIP based on anxiety. Person in question is having problems within a face to face working enviroment. Said person has panic attacks on public transport.

The fact she works on a face to face basis makes me think PIP would bin the claim. Her duties have been altered or she calls on help , walks away and does something not needing face to face contact.


Cannot engage with other people due to such engagement causing either - (i) overwhelming psychological distress to the claimant; or
(ii) the claimant to exhibit behaviour which would result in a substantial risk of harm to the claimant or another person. 8 points

[/u]

The cannot engage with other people due to such engagement causing overwhelming distress is getting me. She can engage but has mental distress that has warranted sedation from the doc.

So can the fact she CAN engage therefore mean-0 points? I feel my over thinking has created a lack of confidence. Therefore would be glad of any pointers.

Thanks.


Hi C123,

Yes, you can over think these things !!

If she can engage with people but doing so causes her "overwhelming psychological distress" in doing so, then obviously she cannot do so without it causing her "overwhelming psychological distress" and all the after effects and medication that is necessary afterwards.

My best advice would be to provide an much information and evidence as you can.

Can she relate real life stories where she has suffered "overwhelming psychological distress" in such situations ? if so relate them.

Remember, she would have to suffer this "distress" for the majority of the time !


"The fact she works on a face to face basis makes me think PIP would bin the claim. Her duties have been altered or she calls on help , walks away and does something not needing face to face contact."



The working in itself should not prevent a PIP award but you would definitely have to give details of how she manages face to face contact, whilst still scoring points under that descriptor.

Of course, don't forget to use our : PIP Claims Guide. (2nd Link on page)

Any way, we are going off-line now for the long weekend, have a good Bank Holiday ! :)

bro58
Last edit: 8 years 8 months ago by .

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8 years 8 months ago #140167 by Bryando
Replied by Bryando on topic Planning and following
Hi,



A question on following journeys:


Should a person be unable to go from point a to b due to crowded public transport thus needing to use a taxi. Would that person meet 11f: .

Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points

How would using a taxi backed by a doctor's advice fit inside these descriptors? Can follow certain routes such as to the shop. But can't follow another route due to it being crowded thus taxi.
Thanks

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8 years 8 months ago #140172 by Gordon
Replied by Gordon on topic Planning and following

Charlie123 wrote: Hi,



A question on following journeys:


Should a person be unable to go from point a to b due to crowded public transport thus needing to use a taxi. Would that person meet 11f: .

Cannot follow the route of a familiar journey without another person, an assistance dog or an orientation aid. 12 points

How would using a taxi backed by a doctor's advice fit inside these descriptors? Can follow certain routes such as to the shop. But can't follow another route due to it being crowded thus taxi.
Thanks


The wording implies "any" so you would have to rely on "reliably" and "for the majority of days".

It is important to be aware that the legal definition of the descriptor does not include any reference to public transport, this is something that the DWP guidance adds, also, you need to deal with the issue of "prompting" that the DWP feel negates most of the issues that someone with mental health issues would have in following a route, see the PIP guide for more details.

Gordon

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

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8 years 7 months ago #141428 by Bryando
Replied by Bryando on topic Planning and following
Hi,

Just some clarity. The descriptor for PIP only has to be for the majority of DAYS and not rather TIME per day?

Thanks

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8 years 7 months ago #141446 by Gordon
Replied by Gordon on topic Planning and following

Charlie123 wrote: Hi,

Just some clarity. The descriptor for PIP only has to be for the majority of DAYS and not rather TIME per day?

Thanks


The guidance refers to the majority of days, the early consultation documents also included references to the majority of time during the day, so it is possible to argue that this applies, but we are aware of members who have made this latter argument and it has not been accepted.

If you are concerned that you not effected for the majority of hours during the day and this will impact on your being able to show that you meet the majority of days test, then I think you would be right to be concerned. The only advice I can offer is to consider when it would be reasonable for activities to be carried out, for example it might be reasonable to argue that a claimant would be expected to wash in the time immediately after they get up and this would have to occur before they got dressed.

Gordon

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