Question 3 - on applicable descriptor

Belle

Your questions are not a problem.

1. Yes, we have it in writing. They will not be enacting the changes until at least next month.

2. The DLA criteria was different. Ultimately you have to write what you consider is best for your claim, I am only offering advice, not instruction. You need to take account of the wordings of the Descriptors, so (e) uses the word "cannot", as I have explained you can argue that this does not mean "never" due the reliability criteria and majority of days rule but the DWP guidance states that any trip outside of the house, however, short means that the claimant does not meet this criteria on that day.

You go out and this cannot be hidden but the more you explain your problems when outside the more likely you are to confuse the issues.

I don't know whether you have more chance scoring for (e) or (f) but you must take account of the fact that the law declares them to be mutually exclusive as you could easily end up with not points for either.

Gordon

Belle wrote: I still don't know which I should argue applies to me - and I understand that you cannot advise me which to do.
My worry is exactly as you said, that I can end up with neither.
But I also presume that what I argue now will affect any appeal at a later date -. i.e the descriptor I decide to argue for now is the one I have to stick with.

Maybe try and simplify it, as an example if you say that you cannot go out 60% of the time, then by definition you can only have problems with following a route for the remaining 40% which is not enough to score.

You can provide additional testimony and evidence at an appeal but your claim form will be one of the documents that they will have available, so it can be difficult arguing a different position,

Gordon

Belle wrote: Oh yes - you say the law will not be applied for another month - but since if I have a f2f it will be in about 8 weeks, or a PBR will also be a few weeks by the time they make the decision - could I be covered?
Or it goes by the date that my form arrives with them?

Or perhaps you do not know this.
Thanks

We don't know how the DWP's guidance for this will be written until we see it but a similar Decision for supervision resulted in guidance where not one worked example resulted in the claimant scoring points.

Gordon