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TOPIC: Help with mandatory reconsideration

Help with mandatory reconsideration 1 month 5 days ago #238808

Hi everyone
I'm after a bit of advice regarding my mandatory reconsideration for pip that I'm putting together, I have a rare illness called solar urticaria which is an allergic reaction to sunlight and visable light, obviously it affects me when I'm outside as a reaction occurs after a couple of minutes, resulting in a nasty skin rash that doesn't disappear, and gets worse with any further exposure, so I'm not safe outdoors and can't repeatedly go outside from late February-late September/early October, under what descriptor would it fall? With regards to the mobility questions, I'd appreciate any advice on how to add this

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Help with mandatory reconsideration 1 month 5 days ago #238819

Shelly

This would come under the Going Out activity, the Moving Around one only looks at the distance you can walk, whilst this has to be outside the time of day is not defined.

Your difficulty with the Going Out activity will be that it does not take physical issues into direct account so you will need to present your case in terms that it does consider, namely the effect that it has on your mental health.

You will need to consider which Descriptor you opt for; either that you are unable to undertake a journey (e) or that you are unable to follow a route (d or f). These Descriptors are mutually exclusive of each other, you cannot be assessed for following a route if you do not go out and by definition to follow a route you must leave your home.

You will be relying on the "reliability" criteria; not being able to follow a route in a safe manner and possibly that you are unable to do it to a necessary standard. DWP guidance will help as it requires any journey to be done during daylight hours.

I'm not sure whether it is relevant but there is an example of how to leverage a physical condition for the Going Out activity in the PIP Claim guide.

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

Help with mandatory reconsideration 1 month 5 days ago #238830

Thank you Gordon, I will have a look at that now, it could prove quite useful it terms of my own illness.

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Help with mandatory reconsideration 1 month 5 days ago #238835

I've had a look at the guide Gordon and yes I can adapt it to my own situation quite well for going out, I also came across something I wasn't aware of about an upper tribunal verdict on engaging with other people,
Engagement is needed
An upper tribunal judge has ruled that ‘isolated and specific’ examples of being able to interact with other people, such as being able to talk to the health professional at medical assessment or to staff in a local shop you go to regularly are not enough to prevent you scoring points. In this case the claimant went to the pub and a chip shop every day, but said she avoided any engagement with other people and would move away if anyone stood next to her. She was able to respond to the PIP heath professional’s questions without prompting and had adequate eye contact and rapport.

The judge held that simply going to the pub and the chip shop or responding to questions from a health professional was not evidence that the claimant engaged socially with other people or would be able to engage with people she did not know well.

The assessor said on my report that because I could engage with her I could do this on majority of days, which simply isn't true as I explained to her that I can't engage social with people who I do know well apart from my immediate family and people who I don't know is near on impossible.
So thank you for pointing out the guide to me, because I've had a good read with my parents and we've come across arguments that we would never have thought adding.

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Help with mandatory reconsideration 1 month 5 days ago #238837

Hi Shellyj79

Good luck with your MR, make sure you explain why you disagree with the HCP opinion and explain the effects your rare illness called solar urticaria has on your daily life, you may also want to quote the upper tier tribunal judgement but explain how that judgement relates to your condition/circumstances.

Gary
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