Help with a mandatory reconsideration

Hi Ryan

The first thing I would like to say is thank you for being a good neighbour and helping someone in need.

Have you contacted the DWP and asked for a copy of the assessors report called a PA4? You do need a copy of this if you are going for a Mandatory Reconsideration.

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 him leaving the house to go somewhere, they will be interested in the things that stop him doing this. He needs to show that he would suffer "overwhelming psychological distress" to meet the criteria.

Following a route - This activity about the problems he would have navigating a route. So, are there any problems; cognitive, sensory or mental health issues that would prevent him from doing this? This is different from undertaking a journey, in fact, if he cannot undertake a journey then he will not score points for following one and vice versa.

For the Moving Around activity, if he is able to walk but he is in severe pain when doing so, then he can argue that his walking is not to a necessary standard and should be disregarded.

The legal test requires you to stand and then move (walk), so if your neighbour has problems getting up then you should document these as well.

If he walks slowly then it must take him at least twice the time to cover the distance as a healthy person would, this could be down to the speed of his walking but could also be the result of having to stop.

He must be able to repeat the distance, so if he could walk it once but not then be able to walk it again within a reasonable timescale then he should be classed as unable to repeat the activity.

I'm afraid I can't tell you how to show his walking is more restricted but things you need to think about is what he can't do, for example where can he walk in his house, how far is the toilet from where he normally sit. Things that will count against him are any trips that he can make outside, so for example, how does he do his shopping?

He must be able to walk the distance he can, reliably and on the majority of days, both these terms are defined in the PIP Claim guide
www.benefitsandwork.co.uk/help-for-claimants/pip

So he needs to explain what he can do, how he is limited and why.

Gary

Hi Ryan,
To follow on from Gary's excellent advice. I do not think that your friend will be able to score points for his walking ability unless he can show that he can not stand and move any of the various distances in mobility descriptor 2.
Traditionally mobility 1 deals with the conceptual side of journeys, and being able to navigate and reach the destination. These journeys can be of any length, 50m round the corner to the post box or 200 miles to see your Aunt in Scotland or anything in-between! Mobility 2 is a maximum of 200m possibly 3 or 4 times a day?
It concerns the physical ability to walk. I have looked to see if there is any caselaw to suggest otherwise but there is nothing I can find. However I am aware that when the problems causing difficulties with one descriptor overlaps with another descriptor caselaw suggests you get points for one descriptor only unless there is a very special reason why both descriptors apply. So for example needing helping with a catheter comes under toilet needs rather than help with therapy.
You haven't said which descriptor gave rise to 10 points.
If your friend can go out when no people are around and eg do his shopping then, but doesn't need to be accompanied he probably won't meet the requirements to gain 12 points under 1f. The rationale is that if people have overwhelming psychological distress and for the majority of time can not undertake a journey, they will need less support than the person who can not make familiar journeys without being accompanied.
This is a complicated area and I hope that the above helps clarify.
LL26

Hi Ryan

The inhaler is a red herring, it will not give you points, what will give you points is the condition and the impact it has to carry out every day activities. You say they have COPD, has this been diagnosed, if it has, who diagnosed it? Have they been sent to see a respiratory specialist?

The question I would ask to get any points in moving around question is, how far can your neighbour walk? if it is more than 200 metres then he will not be eligible for any extra points. If it is less than 200 metres then they would be eligible for 4 points.

By what you have written your neighbour has been awarded 10 points for planning and following journeys (d) cannot follow the route of a unfamilar journey without another person.

If your neighbour came under (f) cannot follow the route of a familar journey without another person then they should be awarded 12 points.

Gary