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Overwhelming Distress clarification of term
- poppycat52
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5 years 9 months ago #234553 by poppycat52
Overwhelming Distress clarification of term was created by poppycat52
Did receive DLA high rate for care and low rate Mobility because of mental health issues. Upon assessment for PIP have been awarded standard rate and no mobility. No change of decision after aMandatory Reconsideration. Thinking of appealing but need to clarify what the term 'overwhealming distress' means. I have received no points for mobility because 'you do not experience overwhelming distress to a degree that you can no longer function'. I need to understand what they mean by - no longer function please. MH services suggest that I appeal but the trauma of doing so means I need to fully understand if I meet the descriptors. I was not given a face to face assessment. Thanks for your help.
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5 years 9 months ago #234572 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Overwhelming Distress clarification of term
San
Ask for an MR of the Daily Living award because you think you should have scored twelve points, not because you had a DLA HRC award as the reasons this was awarded do not exist in PIP.
There's no definition for OPD but as a starting point “Psychological distress” means distress related to an enduring mental health condition or an intellectual or cognitive impairment.
If you look at the contexts where OPD is relevant you should assume that is so overwhelming that an activity cannot be continued or completed.
Terms such as anxiety or distress are not considered to be sufficient to demonstrate OPD.
Gordon
Ask for an MR of the Daily Living award because you think you should have scored twelve points, not because you had a DLA HRC award as the reasons this was awarded do not exist in PIP.
There's no definition for OPD but as a starting point “Psychological distress” means distress related to an enduring mental health condition or an intellectual or cognitive impairment.
If you look at the contexts where OPD is relevant you should assume that is so overwhelming that an activity cannot be continued or completed.
Terms such as anxiety or distress are not considered to be sufficient to demonstrate OPD.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 9 months ago #234584 by poppycat52
Replied by poppycat52 on topic Overwhelming Distress clarification of term
Hi and thank you for your response. I am 1 point short for the high rate for care of PIP. I have asked for a mandatory consideration of both care and mobility and award stayed the same. Dwp say they have decided I have chosen not to go out rather than cannot go out. But the reason for this is because of the distress I experience. I do not choose to be unable to engage in the outside world. But from what you say my distress is not overwhelming enough although it places me in danger i assume that this in itself fails to meet the definition for a pip award. So will concentrate, as you suggest, on the care part. I think my best course of action if I can work out how to pick up the extra point. I was asking for reconsideration because I need promting to drink sufficient fluids. DWP accept I need help and promting to dress and eat etc.but say it is not likely I need help with drinking because thirst is a powerful motivator. I have a physical health condition that means drinking a normal amount of fluid every day is essential to avoid infection. Any comments gratefully received . Thank you. L
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- Gordon
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5 years 9 months ago #234595 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Overwhelming Distress clarification of term
San100
Do you have medical evidence that states that you need to drink a minimum amount of fluids each day?
Why do you need the prompting?
Gordon
Do you have medical evidence that states that you need to drink a minimum amount of fluids each day?
Why do you need the prompting?
Gordon
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5 years 9 months ago #234657 by poppycat52
Replied by poppycat52 on topic Overwhelming Distress clarification of term
I can obtain evidence that I have this condition (already supplied by my medication list - repeat prescriptions. I could obtain further evidence from MHS of need for prompting and intervention. Plus evidence of universal treatment requirement for my condition that includes need for plentiful intake of fluids. I can speak to my GP so that he is aware of my situation and my care needs and ask DWP (again) to contact him. Or stay with current award but because I am now over 65 this means i will never be able to have my award increased in the future. It means accepting a loss of £50 per week that is not good. Just not feeling like I have the fight left in me because my partner has recently become very unwell with a poor prognosis so we are muddling along caring for each other.
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5 years 9 months ago #234659 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Overwhelming Distress clarification of term
San
The restriction on the award being increased after the claimant reaches 65 or State Retirement Age, whichever is the higher, only applies to the Mobility component, the Daily Living award can be increased if you meet the criteria.
As a Decision has been made the DWP will not now contact any of your medical contacts for additional information, you need to supply it yourself.
You need to provide evidence about your fluid intake and need for prompting, I'm afraid the DM and assessor will not just take your word for it.
Gordon
The restriction on the award being increased after the claimant reaches 65 or State Retirement Age, whichever is the higher, only applies to the Mobility component, the Daily Living award can be increased if you meet the criteria.
As a Decision has been made the DWP will not now contact any of your medical contacts for additional information, you need to supply it yourself.
You need to provide evidence about your fluid intake and need for prompting, I'm afraid the DM and assessor will not just take your word for it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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