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Mobility Element of PIP

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5 years 2 weeks ago #247199 by Thomas Durber
Mobility Element of PIP was created by Thomas Durber
When I read the members only guide to PIP, it states that difficulties in using public transport should be submitted as a reason for being unable to plan and follow a journey.
My wife is totally reliant on me driving her to anywhere either local or certainly distant. It does not cause her overwhelming psychological distress because I do all the planning and driving.
In the summation for her recent PIP assessment
the decision maker has stated that they "cannot consider awarding you PIP for any help you need for anything not covered by the daily living or mobility activities, including physical problems with public transport. She can not walk to the bus stop or stand and wait for a bus, she cannot lift her walking aid onto or off a bus, and is not confident enough to travel unaccompanied. She has a NOW pass which is unused because of the difficulties. Any comment or assistance.

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5 years 1 week ago - 5 years 1 week ago #247203 by Gordon
Replied by Gordon on topic Mobility Element of PIP
Tommy

The Going Out activity considers limitations that are the result of a cognitive, sensory or mental health conditions, you cannot score points for a physical restriction unless you can show that it leads the person to have overwhelming psychological distress when following a route and it is this OPD that prevents them from completing the journey.

The problems you describe are purely physical ones, so I am afraid you will not score for this activity.

There is an additional difficulty, whilst the DWP guidance includes problems with using Public Transport, the legally defined Descriptors make no such reference and we regularly see DMs failing to award points for this reason.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 1 week ago by Gordon.

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5 years 1 week ago #247246 by Thomas Durber
Replied by Thomas Durber on topic Mobility Element of PIP
Hello Gordon, thank you for your reply. Does the fact that her conditions although physical mean that even though I have to take her everywhere or it would quite frankly be impossible, and would without doubt cause overwhelming psychological distress not mean she should qualify. She is under a clinical psychologist at the pain clinic and also MINDS due to previous trauma, but they seem to deem this not significant.

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5 years 1 week ago #247256 by Gordon
Replied by Gordon on topic Mobility Element of PIP
Tommy

If you can show that she would suffer OPD while being asked to follow a route then she may be able to score but from your previous post, you have approached this from the wrong end.

You must first show the OPD and that the OPD prevents her from following the route, then you must explain why she has the OPD.

Be careful in regard to the help you provide, she can only score for things that she cannot do, not things that she does not do so your assistance must be because she needs it and not because that is just what you do, if that makes sense?

Gordon

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

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5 years 1 week ago #247303 by Thomas Durber
Replied by Thomas Durber on topic Mobility Element of PIP
Thank you once again Gordon. I can see the subtle difference and it is easier to comprehend their stand point. I will attempt a Mandatory reconsideration, took them to a tribunal for ESA and they backed down the week before the delayed hearing and gave her support group just for mobility without visiting any of the other incorrectly scored sections.
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