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 	 	PIP- MH vs DWP, Agoraphobia, no change.
- pokitoki
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 		 			 	 						6 years 2 months ago				#235567 		by pokitoki 	  	 		 			 	    			 			 		 													
 	 				PIP- MH vs DWP, Agoraphobia, no change. was created by pokitoki			
  			 				I recently got a letter about my PIP and changes in the law. No changes were made and this is what was written under MH vs DWP:
"This relates to how overwhelming psychological distress is considered when assessing the ability of someone to plan and follow a journey. As evidence indicates that you avoid overwhelming psychological distress by not undertaking any journey for the majority of days despite any assistance you could receive, your difficulties have already been considered in your award (standard rate) and the judgement will not impact this."
 
I've not been able to leave the house for near a decade now. The only time being when I had a dental emergency and had to have my father help me get to a dentist since there was no way i'd have been able to get there on my own with how distressing it would have been.
 
I feel like it's only natural we do our best to avoid putting ourselves in distressing situations when we can help it. And in emergencies, i feel like i'd still not be able to leave my house alone and without help.. Is the decision justified that I should still be on standard rate mobility?
 
Any insight would be greatly appreciated! Thank you.
  					"This relates to how overwhelming psychological distress is considered when assessing the ability of someone to plan and follow a journey. As evidence indicates that you avoid overwhelming psychological distress by not undertaking any journey for the majority of days despite any assistance you could receive, your difficulties have already been considered in your award (standard rate) and the judgement will not impact this."
I've not been able to leave the house for near a decade now. The only time being when I had a dental emergency and had to have my father help me get to a dentist since there was no way i'd have been able to get there on my own with how distressing it would have been.
I feel like it's only natural we do our best to avoid putting ourselves in distressing situations when we can help it. And in emergencies, i feel like i'd still not be able to leave my house alone and without help.. Is the decision justified that I should still be on standard rate mobility?
Any insight would be greatly appreciated! Thank you.
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 			 	 						6 years 2 months ago				#235569 		by BIS 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by BIS on topic PIP- MH vs DWP, Agoraphobia, no change.			
  			 				Hi Pup
 
As you yourself say, you have not left the house for a decade.
 
Descriptor e says: Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant. 10 points. (which is standard rate)
 
At the Upper Tribunal where this was looked at, the Tribunal decided that if e) applies to you and you never undertake a journey because of overwhelming psychological distress, then f) cannot apply because you would not be able to follow a route even if you had another person with you.
 
That is why you have been awarded standard rate. Emergencies do not happen very often - so they have awarded you on the what happens the majority of the time - which is you are confined to your home.
 
BIS
  							As you yourself say, you have not left the house for a decade.
Descriptor e says: Cannot undertake any journey because it would cause overwhelming psychological distress to the claimant. 10 points. (which is standard rate)
At the Upper Tribunal where this was looked at, the Tribunal decided that if e) applies to you and you never undertake a journey because of overwhelming psychological distress, then f) cannot apply because you would not be able to follow a route even if you had another person with you.
That is why you have been awarded standard rate. Emergencies do not happen very often - so they have awarded you on the what happens the majority of the time - which is you are confined to your home.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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