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enhanced Mobility for severe depression/anxiety?
- ZaphodBeeblebrox
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4 years 9 months ago #249539 by ZaphodBeeblebrox
enhanced Mobility for severe depression/anxiety? was created by ZaphodBeeblebrox
Hi all, new member here. I have been working on my partner's first time PIP claim since October 2019. She suffers severe depression and social anxiety and we had a home assessment. Award came through in March for standard rate on both sections. I completed the MR process and was successful in having the Daily Living awarded at the enhanced rate but Mobility is still on standard. My question is whether I should appeal and try for enhanced mobility? She has no mobility issues but has been awarded 10 points for the Planning/Undertaking a Journey section. The assessor said she cannot complete any journey due to overwhelming anxiety. In the MR I explained that she can attend appointments if I accompany her from house to car and then drive her where she needs to go but that she couldn't do this herself. The MR acknowledged that she is not housebound but states that as she only attends appointments then she is not eligible for the extra 2 points. Is it worth appealing this? she has at least one appointment per week, sometimes more. thanks
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- Gary
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4 years 9 months ago #249540 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic enhanced Mobility for severe depression/anxiety?
Hi ZaphodBeeblebrox
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is:
Welcome to Benefits and Work
For the Going Out activity, you will need to pick your battle. Either your partner is unable to undertake a journey (leave your home) or unable to follow a route to a destination, you cannot argue both as they are considered to be mutually exclusive.
In both cases, you will need to show that your partner would suffer "overwhelming psychological distress" and that it is this OPD that prevents them from completing the task. Severe anxiety may count as this but it is not clear from your post whether this prevents them continuing or not.
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with leaving the house to go somewhere, they will be interested in the things that stops your partner doing this. You need to show that they would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity is about the problems your partner would have navigating a route. So, are there any problems; cognitive, sensory or mental health issues that would prevent them from doing this? This is different from undertaking a journey, in fact, if they cannot undertake a journey then they will not score points for following one and vice versa.
Gary
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is:
Welcome to Benefits and Work
For the Going Out activity, you will need to pick your battle. Either your partner is unable to undertake a journey (leave your home) or unable to follow a route to a destination, you cannot argue both as they are considered to be mutually exclusive.
In both cases, you will need to show that your partner would suffer "overwhelming psychological distress" and that it is this OPD that prevents them from completing the task. Severe anxiety may count as this but it is not clear from your post whether this prevents them continuing or not.
The Going Out activity looks at three things.
Planning a route - this is primarily a cognitive or sensory (e.g. blindness) activity. You are being asked about the problems you would have with working out how to get from one place to another, you do not need to be able to follow the route that you are planning.
Undertaking a Journey - this is to do with mental health issues such as agoraphobia and social anxiety and is concerned with leaving the house to go somewhere, they will be interested in the things that stops your partner doing this. You need to show that they would suffer "overwhelming psychological distress" to meet the criteria.
Following a route - This activity is about the problems your partner would have navigating a route. So, are there any problems; cognitive, sensory or mental health issues that would prevent them from doing this? This is different from undertaking a journey, in fact, if they cannot undertake a journey then they will not score points for following one and vice versa.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- ZaphodBeeblebrox
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4 years 9 months ago #249602 by ZaphodBeeblebrox
Replied by ZaphodBeeblebrox on topic enhanced Mobility for severe depression/anxiety?
Hi Gary,
Many thanks for the reply. It is a tricky one because she absolutely couldn't complete a journey on her own, either on foot, by public transport or driving; even the thought of it sets off a panic attack. She attends appointments by going in the car with me driving and we sometimes go for a leisurely drive but she can't get out of the car anywhere other than when we get back home. My concern is that I go to tribunal to appeal for enhanced rate mobility and end up losing the standard rate. Would you know if that is a possibility? I was hoping to find some precedent from previous tribunal results. Any ideas/suggestions?
Many thanks for the reply. It is a tricky one because she absolutely couldn't complete a journey on her own, either on foot, by public transport or driving; even the thought of it sets off a panic attack. She attends appointments by going in the car with me driving and we sometimes go for a leisurely drive but she can't get out of the car anywhere other than when we get back home. My concern is that I go to tribunal to appeal for enhanced rate mobility and end up losing the standard rate. Would you know if that is a possibility? I was hoping to find some precedent from previous tribunal results. Any ideas/suggestions?
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- BIS
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4 years 9 months ago #249619 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic enhanced Mobility for severe depression/anxiety?
Hi ZaphoBeeblebrox
At tribunal if there was a risk to you losing your standard award, then the Chairman of the Tribunal has a duty to inform you and you will be given the opportunity to withdraw your appeal.
Only you can decide whether it is worth appealing. You can search for PIP decisions for the first tier tribunals. The issue of how much people leave the house is a moot point and often counts against claimants. Ie. It is viewed that claimants who rarely leave the house do not have the same problems as those that do go out more frequently. (Not saying that is correct - just the attitude)
BIS
At tribunal if there was a risk to you losing your standard award, then the Chairman of the Tribunal has a duty to inform you and you will be given the opportunity to withdraw your appeal.
Only you can decide whether it is worth appealing. You can search for PIP decisions for the first tier tribunals. The issue of how much people leave the house is a moot point and often counts against claimants. Ie. It is viewed that claimants who rarely leave the house do not have the same problems as those that do go out more frequently. (Not saying that is correct - just the attitude)
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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